Remember When All Ice Cream Was Real Ice Cream?

I could not believe what I was seeing.  I rubbed my eyes, but it was still there:  Yet another ice cream shop claiming to be “the only real ice cream.”  This particular establishment’s claim to reality was based on its use of milk from cows that had not been fed hormones – that, and, I imagine, the scandalous prices it charged.

Doesn’t it seem like there has been a proliferation of these ice cream shops claiming to have the only “real” ice cream?  How can there be only one real ice cream?  If this ice cream was the only real ice cream, what had I been eating before?

ice cream cone being eaten

I did some research from my couch. Reality is not as simple as these retailers of ice cream had led me to believe.  One thing was for certain: a lack of growth hormones was not the only definition of reality.  This knowledge was comforting, but it had to be put to the test.  I would have to open my own ice cream shop based upon what I had learned.

The Real Deal (the only REAL ice cream!) opened up to as much fanfare as I could muster on a single Facebook post that took me two seconds to compose.  And a sign with this message greeted customers:

The ice cream is real because you believe it is real.  

It was an instant success.  Before long, the lines were out the door and I had to instruct my employees to be extra rude to keep it from getting too crowded.  I had a monopoly on real ice cream and I didn’t even know what flavors we had – it didn’t matter! 

At least, not until a competitor opened up across the street, claiming to have “the only really real ice cream” around.  I put on a disguise, and went to see what made this ice cream real.  At the entrance was a sign:

The ice cream is real because you can feel it and taste it.  

I bought a small cone – I couldn’t believe what they were charging for a small – and tasted it.  Yes, the tasting of the ice cream did seem more real than merely thinking about it.  My customers had left for this competitor, and who could blame them?   

After negotiating an expensive licensing agreement with the new ice cream shop to use their feel/taste formula for making real ice cream, I was glad to be back as a player in the market for real ice cream.  And my customers came back…for a day.  Because then yet another competitor opened.

No Ice Cream Is Real had lines out the door.  Once again in my disguise, I waited on line and when I got to the entrance there was a large sign:

No ice cream is real because no ice cream can prove it is real.  

And there was no ice cream for sale.  Instead, the refrigerated bins behind the diagonal glass panes were filled with slips of paper – paper of every color and thickness, with a small basket of pencils at the register – so that people could work out for themselves why no ice cream is real and therefore satisfy their craving for something that did not exist. 

And outside there were picnic tables where customers were sitting and working out on the slips of paper why no ice cream could prove it was real.  Some of them had the paper in a cone, and others in a cup. They all seemed to be enjoying themselves proving why real ice cream does not – nay, cannot – exist. It was such a simple and beautiful idea.  I could see why everyone wanted unreal ice cream from this place; it was truly the only place for real unreal ice cream.  And you would not believe what they were charging for a slip of paper.

Remember When the Trial Subscription Was Really a Trial?

Yes, the rumors are true.  I missed the deadline to cancel a free 7-day trial subscription of a streaming channel for a smart TV.  The particular channel is not important. I assure you, it was something educational.

I was not that late.  The evening of the deadline, I had been busy cleaning the coffee pot, and had become so absorbed in my work that I lost track of time.  And when I was done, I realized, Oh, I had better cancel that streaming channel.  And it was just about ten or at the most fifteen minutes past midnight.

White text on blue background that says "FREE FOR 7 DAYS"

I already had an email from the channel, containing a receipt for my payment.  I called up the channel to request a cancelation and removal of the charge.

“I’m sorry, I cannot remove the charge,” said the billing clerk.

“Surely there is some exception,” I pleaded, “some special procedure, some authority with the power to take off the charge.  Please!  My payment for Misfit Fruit is due this month and I need to make sure I have enough to cover it.”

“I’m sorry, sir.  All sales are final.  Except – “

“Yes….?”

“Except there is this process where you can request a trial.”

“Really?  A trial?”

“Yes, but I have to warn you, we don’t get very many people using the trial procedure.  Are you sure you do not want to simply pay the charge.”

“I’m sorry,” I said, “but in the warrior’s code, there’s no surrender.”

The trial of Streaming Channel v. Myself took place three days later.  Of course it was via Zoom video chat to maintain social distancing, and once again I had trouble with the background.  Fortunately, under the Zoom Court’s rules, the jury is sequestered until all Zoom background issues are resolved.  

As the first belligerent in the matter, the Streaming Channel put its case on first.  It called the billing clerk as a witness.

“And how are customers billed?” asked the lawyer for the Streaming Channel.

“On the first of every month, the bill goes out.  It is automatic.”  

“And what would have happened if the customer had canceled on time?”

“Then the customer’s name would have been taken off the billing list.”

On cross-examination, I asked the billing clerk if there was any empathy at the Streaming Channel for someone who was only ten or at the most fifteen minutes late with canceling the streaming service.  

“I’m sorry, I don’t have the answer for that,” said the clerk, “but if you visit our website, you’ll find a place where you can chat with one of our customer service representatives.”

The trial was then turned over to me.  First, I put my neighbor on the stand, who testified that in 25 years of living next to me he has never known me to be late in canceling anything, including a streaming television service.  It was brilliant testimony.  It should have ended the case right there.  Unfortunately, on cross-examination my neighbor was compelled to discuss our plum tree dispute from several years back, and the implied conflict of interest undermined his credibility.

Then I called a freelance technician who testified that the time stamp of the channel was not accurate.  Unfortunately, on cross-examination, the channel proved that my witness technician had an unusually high number of returns via Amazon, strongly suggesting that he ordered things just to use them once with no intention of keeping them.  I let myself have a glance at the jury – something they tell you not to do – and on their faces read nothing favorable to my side.

Finally I testified in my own behalf.  I told of my struggles at remembering to cancel free trial versions of things.  How growing up, my parents worked with me late into the night at remembering to cancel free services.  How I had forgotten to cancel a free compact disc service (remember those?) and how the experience had made me rethink my entire approach towards free services – that the service was never really free, that it was the work of thousands of unnamed and unthanked individuals who perform their jobs with diligence and dignity, and all they ask in return is that I notify them of my intent to cancel by the deadline, usually 7 or 14 days from the day you sign up.

The jury was in tears.  Deliberations lasted all of 10 minutes.  They returned a verdict of “no liability” meaning the charge would be removed, and I wouldn’t have to pay anything, and I even got a new trial subscription that I just had to cancel by the deadline.

The channel’s attorney congratulated me on my win; a professional to the end.  I held an impromptu press conference on the courthouse steps, where I thanked my legal team, expressed gratitude that justice prevailed, and closed on a message of hope. 

“My hope is that one day such efforts – such trials – will be unnecessary and people who are only 10 or at the most 15 minutes late in canceling a streaming channel can avoid a charge without having their lives tossed about.”

My finest memory of that day shall be the faces of the children in the audience, who saw at last that the system can be trusted, but that you should still remember to cancel the free trial by the deadline.