It always strikes me how much commonality exists across different software engineering disciplines—not to mention across fields outside of engineering (e.g., how double-entry bookkeeping mirrors immutable design principles, or how federalism resembles class-based OOP).
Great to see an attempt at describing this phenomenon. A great start to what will surely be an awesome resource.
To those bashing the author as uninformed -- this is George V. Neville-Neil. Member of FreeBSD Core Team who wrote the book on FreeBSD. He might know a thing or two about POSIX! [1]
> In arbitration, this doesn't work. It's a vastly more even playing field for consumers, who tend to have less money than the companies they're suing and less downside in the case outcome (money damages versus e.g. having been sexually harassed).
I dunno, not my personal experience. I took a large bank to arbitration over a low value credit reporting dispute. Offered to "settle" several times for nothing more than a fix to my credit report, which would have cost the bank $0.
The bank refused and so we went all the way to a final judgement.
The arbitration dragged out over 16 months. 4 days of hearings in which multiple attorneys and witnesses were present on the bank's side. Numerous conference calls, 800 emails, 250 pages of legal briefs, 1000+ pages of exhibits, discovery, etc. I would not be surprised if the total outlay eclipsed half a million for them.
Lest anyone come away from this thinking that arbitration is good for the consumer, this story only has a happy ending because the business chose to settle.
I also took a corporation to arbitration. A Big 4 bank destroyed my credit over a billing mistake that was their fault, relating to a credit card account with a $230 balance. Despite seeking nothing more than to have my credit fixed, the bank refused to settle. I contacted upwards of 100 attorneys with no luck, so decided to self-represent.
16 months, 25 hours under oath, and over 2,000 hours later, I "won" a judgement forcing the bank to fix my credit -- but no monetary recovery at all.
Great to see an attempt at describing this phenomenon. A great start to what will surely be an awesome resource.