Another Big Legal Loophole

As some readers of F&SF may have read, the Disney corporation is stiffing author Alan Dean Foster. According to Foster, Disney has not paid royalties since 2014 on Star Wars books that Foster wrote. Disney has not responded to his inquiries and claims, and, in fact, Disney’s attorneys won’t even discuss the matter with Foster unless he signs a non-disclosure agreement. Alan and his wife are in poor health, and it would certainly be helpful to have the royalty payments he’s owed.

All Disney has said is that they only bought the “properties,” but not any contractual liabilities associated with those properties. If this position is applied across the economy, any corporation could sell itself and all its holdings to another corporation and shed its liabilities, stiffing its creditors.

Now… from what I can determine, while corporation employees can at least bring payment problems to the Labor Department, the only recourse Foster or any author or independent contractor has for non-payment is a civil lawsuit. The problem with this “recourse” is that virtually all independent contractors lack the financial resources to afford the extensive legal costs required to sue a mega-corporation and, if they had the resources, it normally wouldn’t make sense financially to pursue such litigation.

The late Harlan Ellison pursued copyright violations with a vengeance, spending over $40,000, according to one report, just in going after internet pirates. He also sued publishers and CBS, among others, but most of those lawsuits were before media became mega-corporations. He once was hired by Disney as a writer, and was almost immediately fired by Roy Disney. Most writers and independent contractors have neither the time nor the funds to do the same… and they shouldn’t have to.

Equally to the point is that the legal precedents go far beyond Alan Dean Foster’s situation or the applicability to other authors. I certainly can’t find any federal criminal statute that applies to failure to pay independent contractors, and with the expansion of the “gig economy,” unless something is done legislatively, it’s quite possible that other mega-corporations will follow Disney’s example. In effect, corporations could fail to pay independent contractors, as Trump has done on more than a few occasions, or underpay them even more, almost with impunity. While I suspect this is already occurring in cases besides that of Alan Dean Foster, unless the law is changed, those occurrences are bound to increase… and it’s just another example of why government action is necessary to rein in the mega-corporations, because individuals can’t muster the power or the resources to obtain fair treatment.

“Socialist” Scare Tactics

With the election of Joe Biden as the next President, the right-wing scare-mongers have revved up their rants about how the “ultra-liberal” Democrats are going to impose “socialist” measures of all sorts on the United States.

Even if, unlikely as it is, the Democrats win both Georgia Senate seats, they’ll only have a one vote edge in the Senate and that includes two independents, one of whom is Angus King, who left the Democratic Party almost thirty years ago because it had become too liberal. Add to that Joe Manchin, who has consistently opposed almost all “liberal” Democratic positions.

Any legislation that has a chance of passing the next Congress is going to have to have bipartisan support in the Senate or be a small and incremental improvement on existing programs and laws. In addition, as President, Joe Biden will be limited in creating new initiatives through Executive Orders.

Trump was successful largely because the vast majority of his successes lay in destroying or limiting existing programs. While Biden could restore some environmental regulations, he will be very limited in creating new programs without Congressional approval, and he’s not going to get approval of anything even remotely close to what the right-wing scare-mongers are claiming and projecting.

Some of what he may be able to get is a statutory ban on using pre-existing medical conditions to deny health care insurance or to require higher premiums for such insurance. It’s conceivable he might be able to get an increase in the federal minimum wage, but is it all that radical to push for a minimum wage that’s higher that the present one – which is set at 60% of the poverty level? He might also be able to reinstate some air pollution regulations rolled back by Trump, which would be helpful in allowing people to breathe without greater damage to their lungs.

But there won’t be any “Green New Deal” or “Medicare for Everyone,” no matter what the scare-mongers claim. Even getting improvements in the Affordable Care Act, beyond a ban on pre-existing conditions, will be difficult.

The votes just aren’t there, just as the votes weren’t there for Trump to be reelected, but that apparently doesn’t matter to the far right, which is, again, busy creating an alternate political reality, rather than trying to fix the one we have…and the one in which all of us, including Trump, will have to live.

Scam Season

There are always scams and scammers, but one of the scams that’s taken off this year is one that, I have to say, really burns me, for several reasons. It’s not a scam that I would have guessed to be one of the “hot” scams of the season, but the fact that it is makes a very sad sort of sense.

What am I talking about? Puppy scams!

When we thought about getting another dog, we discovered that the internet is filled with fraudulent sites claiming to be reputable breeders/sellers, sites filled with pictures of adorable puppies. There’s also a site that deals with listing fraudulent sites called Petscam, and the numbers of such fraudulent sites are staggering. Because we have a fondness for dachshunds, I checked out the listing of fraudulent dachshund sites, and there were close to two hundred listed over the past two years [if I counted correctly]… just for dachshunds.

I checked out several of those sites, and while the pictures show healthy adorable puppies, the sites I looked at were short on specifics, such as addresses, references and other details that could be checked, and offered pure-bred dachshunds at well under the going rate [purebred dachshunds aren’t cheap!]. They also offer unnamed, nonexistent, and inexpensive “pet courier” services. Having had to transport a dog in the past, I certainly couldn’t find any courier that was reputable and inexpensive, and I suspect it’s even harder today.

Why are puppy scams up? I’d guess it’s because people are lonely, both children and adults. It’s been a long isolating year for most people, and puppies aren’t under quarantine. In addition, dogs are loyal at a time when loyalties have been strained for many people.

The internet has made scamming almost risk-free for scammers, and scammers always go for those who are vulnerable. Still, understandable as it may be why puppy scams are flourishing, and given that all scammers are lowlifes, I can’t find those who are engaging in this kind of scam anything but particularly despicable.

The “Sacred” Right to College

One of the cries of the left, not just the far left, unfortunately, has been a clamor for “free” college educations and even a forgiving of college-incurred debt. As someone who has raised college-educated offspring, who has taught on the collegiate level, and who is married to a university professor, I’m strongly opposed to both.

Why?

Because it would not only be a tremendous waste of money and resources, but because it would be absolutely the wrong thing to do. Obviously, I believe that a college education is valuable, but it’s not valuable to everyone. I also believe that while a college education should not be a blanket right, it should not be denied to anyone on the basis of race, color, creed, or economic background.

Unhappily, far too many incoming college students are not only lacking in basic skills, but also don’t know how to work intellectually, don’t want to do the hard work necessary to learn higher level skills, and don’t seem to want to learn anything that doesn’t interest them. But university administrations seem determined to increase their numbers, rather than to increase the quality of the education provided. Rather than flunking out the uninterested and the lazy, the pressure mounts on faculty, especially at public institutions, to provide watered-down “edutainment.”

This emphasis deprives the better and more motivated students of the best education that they could have while saddling those merely “processed” through the system with debts that they cannot pay and a pricey and close to useless “credential.” The result of doing this for the last fifty years has been degree inflation, so that additional education at additional cost is required in many fields as more of a “screening tool” than for work-related requirements.

Now, a college degree has become the panacea for economic inequality and the optimal way to assure a “better” life for one’s children. For the fortunate, highly intelligent, and well-connected, it usually is, but not always. Given the skyrocketing cost of higher education, and the even higher cost of graduate degrees such as law and medicine, the inexorable result is that as many as half of those graduates are so burdened by debt that they can barely make ends meet… and that’s without house payments or the cost of having children.

The political reaction is to forgive all that debt. Unfortunately, that will ensure the continuation of creating more graduates who cannot find jobs in their field of study. It will also increase the federal debt, which is fast reaching unsustainable levels, unless taxes are increased. While those on the left claim that higher real incomes of those graduates will contribute to higher tax revenues, that assumption rests on such jobs being continually created… and that’s highly unlikely.

As I’ve noted previously, the United States is producing roughly twice as many college graduates annually as there are jobs for them. The scientist and historian Peter Turchin terms this the “overproduction of elites” and has pointed out that such “overproduction” over history has always led to severe societal unrest, if not worse, as in the case of the French and Russian revolutions, because, in time, a significant number of those who view themselves as elites but who do not get elite jobs and income reject the “system” and enlist the help of the economically disenfranchised to attack the elites. In a sense, that was the whole message of the Trump presidency, beginning with Trump himself, who has always felt that the “elite of the elites” minimized him.

Over time, college can’t be for everyone. The question that needs to be asked isn’t how everyone can go to college, but who should attend, and for what reason, because assuming that everyone can and should go is an expensive proposition that isn’t working and that will become more unworkable every year.

The Party of “NO!”

What Democrats – and everyone else besides Republicans – fail to understand is that Republicans are opposed to any real improvement in government or the condition of anyone, including themselves. They don’t even like the status quo; it’s too “progressive” for them.

They’ve cheered every time that Trump rolled back environmental protections. They cheered when the Supreme Court declared that unlimited money could speak in elections, the way it did in the time of the Robber Barons of the 1890s. They initially even opposed the removal of lead from gasoline and warnings on the carcinogenic effects of tobacco. They opposed the clean-up of hazardous waste sites. They’ve consistently tried to minimize the voting rights of pretty much everyone but white males. They’ve opposed giving women equal rights to men under law. They’ve opposed affordable health care and worked to remove the prohibition on charging more or refusing health care coverage for individuals with pre-existing conditions. Now, it even appears that Republicans even oppose fair elections, or at least any fair election that they don’t win.

The list of what Republicans oppose is almost endless. At present, I can’t think of a single positive measure that Republicans have seriously proposed in recent years.

What this means is that there likely won’t be any legislative compromises in the coming session of Congress. That’s because stopping any forward movement on almost anything is viewed as a victory by Republicans. The notable exception is tax cuts, because any tax cut limits federal spending and puts money in their pockets.

Unless the Democrats win both seats in the Georgia Senate run-off elections, Mitch McConnell will halt virtually all legislation that might benefit poor working Americans, and he and most Republicans will see that as a victory.

They aren’t looking forward to creating a better United States; they’re looking backward to an America that never was… and close to half of the United States agrees with them.