What’s wrong with this clause?

I noted this something like a year ago, and just found it now, so I can’t tell you exactly where it came from, except that it was part of the terms and conditions for an online sweepstakes:

You hereby consent to jurisdiction and venue in the state and federal courts in Los Angeles County, California, waive the personal service of any process upon them and agree that service may be effected by overnight mail (using a commercially recognized service) or by U.S. mail (with delivery receipt) to the address you provided and agree that any claim against us must be filed within one (1) year of the time such claim arises, regardless of any law to the contrary; otherwise your claim will be barred forever.

Lots of problems here. Any of you armchair lawyers care to pick some of them out?

Superman meets Charisma Man

I’ve been back in the US for about two months now, and while I’ve settled back into the full-time student routine here, I can’t get over the feeling that I’ve left something better behind.

A few weeks back I came across this post by Debito while I was having a minor bout of insomnia, and it sums up the feeling perfectly.

I liken a trip back to America to Superman making a trip back to Krypton.

When Siegel and Schuster first made the Man of Steel, they had to inject a little science into their fiction, because comic-book hero or not, an invulnerable superhuman was a little hard to believe. So they talked about Clark Kent coming from a planet called Krypton, which being more dense than Earth has a higher amount of gravity. So when Clark crashlanded on Earth, he was superstrong because things were physically lighter, and he had X-Ray vision from eyes attuned to a different opacity. Superman’s nemesis was, of course, fragments of rock from his home world–Kryptonite–which made him lose all his powers.

Hence America becomes my Krypton because I feel absolutely sapped of strength there, even at the most interpersonal levels.

Here in Japan, I can relate more to people; they generally give me the time of day and listen to what I say. This could be due to their interest in America, their tendency towards deference with White people, or my ability to describe in Japanese what I see around me–my X-Ray vision, so to speak.

In terms of strength, here I feel I can accomplish more in a negotiation than the average Japanese–with the right mix of loud voice, humility, deliberate ignorance of custom, and choices of which battles to fight.

Then there’s the financial and emotional integrity in Japan (something which even Clark Kent, with a shitty job as a reporter at the Daily Planet, didn’t have); here, I’m not troubled for money, bored with bad food, starved for pretty women to gaze at, or frustrated by a lack of intellectual challenge.

Now, anyone who’s been in Japan for a substantial amount of time probably knows about Charisma Man, the little comic book about a Canadian “geek” who goes to Japan and becomes the ultra-cute “Charisma Man.” Charisma Man can clear a train car in 5 seconds and scare away oyaji by showing off his elephant-like penis. His arch-enemy, naturally, is Western Woman! who can turn him back into a geek just by looking at him.

It’s a true enough phenomenon. Western guys who go to Japan all become Charisma Men to some degree, and the ones who have charisma before they come to Japan become practically superhuman. But the mystery is: why? And everyone seems to have their theories.

I talked about this with Roy, and he seems to believe that it’s a question of audience selection: there’s just a subset of Japanese people who are interested in foreigners (particularly women interested in men), and that’s the attention that turns foreign guys into Charisma Men. That’s probably not a bad theory.

But there’s another half to it, and I think Debito hits it squarely on the head. When you aren’t brought up in Japan, you don’t worry about being the deru kugi–the nail sticking up–and that puts you ahead of those who do. I think it’s a lack of that dreaded word from elementary school: self-esteem. I vaguely remember trying to explain that concept when I was in high school in Osaka. I had to look it up in my electronic dictionary. That communicated the word, but not the concept. The teacher said: “Oh, like selfish?

And indeed, when I talk to Japanese people in America, many seem to feel the exact opposite effect as Debito and I do. They come to the US, and often they become Charisma People (men and women alike), living freely without a society telling them what to do.

Maybe it’s just psychosomatic. Maybe we just have to be in the environment that we enjoy. So maybe it’s more appropriate to give each their own. Let Mariko have freeways and beaches and pizza: let me have subways and sakura and sushi, and we’ll be even. Which is why I’m all about a world with fewer borders.

Address: “Cardboard Box 7, Nishinari Park”

The following is true.

The Osaka High Court on Tuesday overturned a lower court ruling that a park can be registered as an address of a homeless man.

Yuji Yamauchi, 56, has lived in a pegged tent in Ogimachi Park in Osaka City’s Kita Ward since around 1998 and received his mail there.

The ward office refused to register the park as his address in March 2004, prompting him to file the lawsuit with the Osaka District Court to demand the local government rescind the decision.

This is interesting on a number of levels.

In many parts of the US, you can register to vote without a proper street address. Usually, you do this by drawing a map showing the location of your home; this is not available on some state voter registration forms, but the federal Motor Voter Act form (which works in all states) has a space on it for map-drawing. This was intended to be used by people in really rural areas that lack house numbering, but it can also be used by homeless people. Indeed, homeless advocacy groups even help the homeless register to vote, using their shelter, park or refrigerator carton as their address.

The Osaka High Court proposes a remarkably different test for what can constitute a “residence.” The Japanese Asahi‘s treatment sheds some more light on it:

In Osaka City, which as of 2003 contained the largest homeless population in Japan (about 6,600), it has been revealed that many day-laborers had registered addresses in office buildings in Nishinari Ward. Work is also ongoing to forcibly evict the tents pitched in Nagai Park in Higashi-Sumiyoshi Ward. The High Court ruling seems likely to affect the city’s homeless policy.

…Like the decision below, handed down last January, this decision indicated that a “residence,” as provided in the Residential Basic Registration Act, “designates the center of [one’s] life, with the deepest relationship to [one’s] life.”

That said, to be recognized as a residence, a place will not suffice if it is merely where daily life takes place: rather, the court decided that “it is necessary for its form to meet the standards of a residence, as provided by sound conventional wisdom.”

The court then determined that Yamauchi’s tent “is simply constructed from square timbers and plastic sheeting, and can be easily removed or moved to a different place; it is not connected to the land.”

Some background on the Japanese law at play here:

The residential registration system, or juminhyo, is one of Japan’s three big people-counting systems (the others being the koseki and alien registration systems).

All three are remarkably byzantine in a number of ways. They don’t work together very well, for one thing. A person’s koseki can be in Okinawa (or Dokdo) while they’re living in Hokkaido. More importantly (for us), resident aliens are practically invisible in the other two systems, which leads to all sorts of problems for international families living in Japan (Japanese people married to aliens appear to be single, and their children appear to be bastards). The existence of registration is also Japan’s excuse for not subscribing to child abduction treaties (a fact you should be aware of if starting a family with a Japanese spouse).

As much as I dislike these systems, they are vital in the government’s current way of doing things. They are used to track inheritance, tax liability and property rights, among other things. The systems also allow the government to conduct a proper census every year without hiring additional census takers.

I’ve dealt with one court case involving a homeless man in Tokyo, and he kept the registered address of his family outside the city (despite the fact that his family had disowned him). Is that much better? What alternative does a homeless person in Japan have? It’s a pretty big hole in the social welfare net, and I hope the Supreme Court finds a good way to patch it when this case goes up for its final appeal.

The Joe reading list

I’ve been using Google Reader for the past few months to monitor some of my favorite blogs and news sites. I follow 10 to 15 sites at any one time. More than that, and I don’t have enough time to read it all: less than that, and I feel uninformed.

My list changes regularly, since the quality of feeds (and my interest in them) varies over time. Here’s what I’m currently watching. Continue reading The Joe reading list

How to tell the New York businessman from the Tokyo businessman

When something goes wrong, the New York businessman gets angry.

Old-Guard Japan
By Stephen Roach | New York

In a stunning blow to central bank independence, the Bank of Japan seriously bumbled its January 18 policy decision. After setting up the markets for the second installment of a “normalization-focused” monetary tightening, the BOJ buckled under political pressure and passed — electing, instead, to keep its policy rate unchanged at 0.25%. While this may end up being nothing more than a painful detour on the road to normalization, the incident speaks volumes about the Old Guard political dominance of Japan’s deeply entrenched LDP ruling party. It is a major credibility blow, with potentially lasting damage to the New-Economy image of a revitalized post-deflation Japanese economy.

But the Tokyo businessman says he’s sorry.

Our Apologies for Erring
By Takehiro Sato | Japan

To date, we had steadfastly maintained our view for an additional rate hike in January. The result, however, was a postponement. We would like to first apologize sincerely to all our readers for having misread the timing of the rate hike.

(Both quotes taken from the always-excellent Morgan Stanley Global Economic Forum)

2ch’s Hiroyuki dispels rumors, gets moralistic on Yukan Fuji and ZAKZAK

Pretty much all of the news on the impending demise of 2-Channel has been coming from everyone’s favorite online tabloid, ZAKZAK, the Internet edition of the Yukan Fuji newspaper. However (as I’ve been commenting for the last few days) it looks like the threats to seize 2ch and take it offline are not quite as bad as ZAKZAK would have you believe. Trusty Livedoor (COUGH COUGH) reports on an online interview with Hiroyuki Nishimura, the operator of 2ch:

“I believe that levying on a domain name is very difficult as it stands, but even assuming the domain was seized, I could switch to a new domain and there would be no problem. If you ran a search you would find the site right away, so I think nobody would be seriously inconvenienced.” Nishimura said that in any case, the site could be switched to a new domain in a matter of hours.

In response to the question “So why do you think they’re making such a big deal out of 2ch closing?” Nishimura said: “Even if the site doesn’t go down, you can sell a paper which says it’s going down, so I think they’re just saying 2CH TO CLOSE in order to sell papers. It’s like the story of the boy who cried wolf. Let’s not follow that…”

Nishimura denies that all of his assets are being seized, pointing out that seizure is only allowed to the extent of the monetary claim, “something which any company with a legal department should know.” Another article up on Livedoor (they almost seem to be making fun of Yukan Fuji at this point) says:

We asked a number of attorneys, but each one shook their head. Kenichiro Kubo, who participated in several 2ch cases, says “I have never heard of a case where a domain name was seized. I wouldn’t say it’s ‘procedurally’ impossible since it’s substantially similar to a copyright or patent, but to ask whether it can be assessed as an asset…”

Attorney and IT specialist Hiroyuki Dan (not the Hiroyuki of 2ch) says “I understand that desire to try seizing the domain as a debt. I wouldn’t say it’s 100 percent impossible, but in this case, there are many hurdles.”

Crazed 4chan users shut Debito down

The ongoing 2channel litigation just claimed a collateral victim: Debito’s website. Those who read his blog/newsletter will know that he also recently sued 2channel for libel, although he has yet to try collecting on his judgment.

Unfortunately for him, some otaku read the news stories the wrong way and though that it was Debito who was seeking to shut down 2channel. (It’s actually another Japanese guy who’s making the threats to seize the server and the domain name.)

Here’s what happened next, according to an e-mail Debito sent this morning:

From Monday morning Jan 15, the hate mail began trickling in. Then the death threats. Finally, according to my website domain admin today, debito.org has been zapped–i.e. people with large bandwiths have aimed internet guns and fired millions of page accesses onto my the debito.org server, overloading it and closing it down. Which means I am stuck without a site, or a blog, or email, until they get bored.

…The most ironic thing is that most of the hate mail and death threats are in English. Native English, for the most part. Claiming responsibility for all this is some place called “4chan” which is apparently the overseas version of 2-Channel, with the same attitude towards information, anonymity, and personal responsibility.

Here’s the thread that seems to have started it. (Be warned, though, that 4chan is pretty much the realization of the “Greater Internet Fuckwad Theory.”)

At any rate, Debito’s site appears to be back up and running now.