| Not quite Ann, there are some subtle, but significant changes that
might appear to be simply a change of wording. The following was
copied from Flim-Flam and posted to USENET some time ago by
Jerry Schwarz of Bell Labs. I haven't checked it against the original
but it is consistent with my memories.
The real improvements are in clause 4 -- where previously Randi
could force a subjective judgement on his part into any procedure
-- and in clause 8 -- where Randi is no longer directly the source
of the check, it is turned over by a neutral party appointed by
the testee.
On further consideration, though, the contract is still rather weak.
It is still not really clear whether the money (rather than the
check, see below) is to be awarded on the basis of passing the
agreed upon conditions or on the basis of demonstrating paranormal
abilities. A check rather than a cashier's check is specified and
Randi could place a stop payment rather easily. It would then be
up to the claimant to bring Randi (who has a reputation of having
a powerhouse stable of lawyers on retainer) to court to collect
the $10,000. Randi could then argue (whether successfully or not)
that clause 7 makes such a suit improper and could block the obtaining
of any evidence under clause 3, all the while arguing that the
claimant failed to demonstrate paranormal abilities during the
test even if they had passed the conditions which the *claimant*
(not Randi) had agreed constituted a conclusive test pro or con.
Anyway, here goes:
-----------------------------------
This statement outlines the general rules covering James Randi's
offer concerning psychic claims. Since claims will vary greatly,
specific rules will be formulated for each individual claimant.
However, all claimants must agree to the rules set forth here,
before any agreement is entered into. Claimants will declare their
agreement by sending a letter so stating to Mr. Randi. All
correspondence must include a stamped, self-addressed envelope due
to the large amount of mail exchanged on this subject. Thank you.
I will pay the sum of $10,000(U.S.) to any person who can demonstrate
any paranormal ability under satisfactory observing conditions. Such
a demonstration must be performed under these rules and limitations:
(1) Claimant must state in advance just what powers or abilities will
be demonstrated, the limits of the proposed demonstration (so far as
time, location and other variables are concerned) and what will
constitute a positive or negative result.
(2) Only the actual performance of the announced nature and scope
will be acceptable, done within the agreed limits.
(3) Claimant agrees that all data, photographic materials, videotape
or film records and/or other material obtained, may be used by Mr.
Randi in any way he chooses.
(4) Where a judging procedure is needed, such procedure will be
decided upon in advance after the claim is stated. All such
decisions will be arrived at by Mr. Randi and the claimant, to their
mutual satisfaction, in advance of further participation.
(5) Mr. Randi may ask that a claimant perform before an appointed
representative, rather than before him, if distance and time dictate
that procedure. Such performance is only for purposes of determining
whether claimant is likely to be able to perform as promised.
(6) Mr. Randi will not undertake to pay for any expenses involved on
the part of the claimant, such as transportation, accommodation, etc.
(7) Claimant surrenders any and all rights to legal action against
Mr. Randi or any other participating agency or person, so far as may
be legally done under present statues, in regard to injury,
accident, or any other damage of a physical or emotional nature, or
financial or professional loss of any kind.
(8) In the event that the claimant is successful under the agreed
terms and conditions, Mr. Randi's check for the amount of
$10,000(U.S.) shall be immediately paid to the claimant, in full
settlement.
(9) Copies of the document are available to any person who sends a
stamped, self-addressed envelope to Mr. Randi requesting it.
(10) This offer is made by Mr. Randi personaly, and not on behalf of
any other agency or organization, though others may be involved in
the examination of claims submitted.
(11) This offer is open to any and all persons in any part of the
world, regardless of sex, race, educational background, etc., and
will continue until the prize is awarded.
(12) CLAIMANT MUST AGREE UPON WHAT WILL CONSTITUTE A CONCLUSION THAT
HE/SHE DOES NOT POSSESS THE CLAIMED ABILITY OR POWERS. This will be a
major consideration in accepting or rejecting claimants.
|
| I understand both your objections, but I can't really agree with
either of them.
Even in _Flim-Flam!_ it was clear that he worked very hard to
get agreement with the testee on what constituted a valid test.
I think it's good that this is now part of the documented
procedure.
For the other point, I had to do a little investigation. Randi
always speaks of ~carrying around a check for ten thousand dollars~.
He doesn't say he carries his checkbook; he always refers to *a*
check. Why bother? Clearly, it must be a check that even a
suspicious testee would find acceptable. Something that is merely
Randi's personal check would NOT be acceptable. A bank check?
But a bank check is already signed, so if anyone got his hands on
it, it would be cashable. This would be unacceptable to Randi,
especially since he would rather die than admit he'd had his pocket
picked or his hotel room burgled. It can only be a certified
check made out to "Cash". A bank will certify a personal check,
and hold out that money from the person's account, so the payee
would be happy. The payee line cannot be left blank; the bank
won't certify such a check. Yet the check is not good until Randi
signs it, so Randi would be happy.
And there's no way Randi could stop payment on a certified check
before the payee got his hands on the money, since any bank would
honor it "immediately". (Whatever "immediately" is for a bank.)
You're thinking about that guy who "read" records, aren't you?
Ann B.
|
| RE: .4 (Ann)
Randi's public actions are, for the most part, consistent with
the theory that he is benevolent and works only for the purest
motives. Nothing in this contract disproves this viewpoint,
nor have I said that it does.
Randi's contract is frequently put forward as evidence that
Randi is indeed on the up-and-up. It is not, at least by itself.
What I was pointing out was that an expert in "Flim-Flam" would
not find it too hard to wriggle out of this contract if (s)he needed
to. Randi is certainly has the expertise, it is all a matter of
whether or not you wish to assume the purity of his motives.
Rollins (see sTARBABY note), once a fellow member with Randi of
the CSICOP inner circle, quotes him saying in connection with
the Randi challenge "I've always got an out." Frankly, while
it doesn't sound unlikely to me, Rollins doesn't strike me as
too trustworthy himself, so I am a bit ambivalent about taking
his word for anything.
I never disputed that he spends a great deal of effort negotiating
test conditions with the testees (I was tempted to say "victims"
:-). Wriggling out of the contract is clearly something that
Randi doesn't want to have to do -- if, as I personally suspect,
he would do if pressed. The appearance of fairness and the details
of the negotiations are, after all, how he makes his living --
by describing them in books and lectures.
What we don't know is how many people have attempted to negotiate
a reasonable set of conditions with Randi and been balked by
his insistence on conditions that we would not really consider
important? Why are all the people tested by Randi on the challenge
seemingly extremely unsophisticated? Our only real source of
information is Randi himself.
Why talk about "the check" if it is not a cashier's check? Two
reasons occur to me. First for the dramatic impact -- the sense
of immediacy; the sense that if someone came up to him on the
street and levitated a mailbox or something he would immediately
whip the check out and turn it over. Of course, this is contrary
to the nature of his challenge which requires careful setting up
of the conditions under which the test is to take place. Frankly,
given the nature of his challenge I have to ask why he would carry
the check on his person at all. (I have been told by a source I
consider reliable, but have not confirmed it, that he was asked to
show the check once when he was on the (I think) Merve Griffen show
talking about something else and refused pointblank). The second
reason is obvious in this context -- so that people will assume
that it is a cashier's check and that it actually is covered by
some funds.
I am quite willing to listen to evidence that the check is
uncancelable, but I will not simply assume it is without evidence.
By the way, why would Randi, assuming for argument that this is
a scam, bother testing anyone who is suspicious? Naive and
unsuspicious testees are easy enough to come by.
I wasn't specifically thinking of the record reader, though I
have my suspicians. I'm told that when Randi describes the
incident now, that he claims that the man understood in advance
that he wasn't up for the award. But I am pretty certain that
he did not mention that very important point when he first described
the incident in SI. He simply said that while the man passed the
test conditions that he hadn't won the prize because Randi didn't
believe that he used paranormal means. Perhaps Randi was just
careless in his description or perhaps not.
More important was Randi's behavior during the test according to
his own account. He felt absolutely no compunction at all about
violating the carefully agreed on conditions of the test. After
all, it did make a better story when Randi threw some "curves"
into the test.
Topher
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