Category Archives: Finance

the upcoming currency

We have seen many events this last year. For the most, in many nations it had all been about hardship, bills, Economic downfall and more hardship. Even though the UK said the hard times are over, it is clear that many see and feel that the hard times are far from over and even though the economy is slowly returning, that moment of less personal pressure is nowhere near at the moment. The same could be said for the US. They are worse off (source at http://money.cnn.com/2013/09/17/news/economy/poverty-income/ ). This means that in the US, one in 7 is now in poverty. I thought that this was a unique number, but it seems that 1983 and 1993 had similar numbers; I actually had not known that. What makes this worse is that in 1993 the US debt was just over 4 trillion and in 1983 it was a third of that ($1.3T). So when someone tells you that it was like this in the past and it will all be better, then he/she will be lying to you.

Why does it matter?

The issue I have is that the LA Times reported this (at http://www.latimes.com/business/money/#axzz2p7uudgwk) ‘Dow finishes year up 26.5% in record year for stocks

Now, many of you (me included) have made the same mistake, a good Dow does not make for a good economy. If so, then one in seven would not be in poverty and the US would not be down well over 17 trillion dollars. This statement is one that I cannot stand behind, because the evidence is strongly overwhelming. Consider what many might have seen on the news (Sky News, Fox News, CNN, BBC World). It seems that staff at Wal-Mart is not doing too good. (at http://articles.latimes.com/2013/nov/20/news/la-ol-walmart-thanksgiving-living-wage-poverty-20131120). So we read that “its Canton, Ohio, store decided to organize a Thanksgiving food drive for fellow workers.” It was also nice that a celebrity like Ashton Kutcher is outraged over this. So, we see that Dow is up, because Wal-Mart is paying below the poverty line. How is this any representation of a fair America?

Under these conditions, the only fair thing Americans can do is to avoid Wal-Mart and shop at their local shops. It is quite simple, when Wal-Mart loses a massive size of their $17 billion revenue, when this money goes to local shops, they will be hiring staff. It might be a win/win situation for those currently on poverty. The MSNBC article (at http://www.msnbc.com/the-ed-show/leaked-document-shows-what-walmart-really-pay) shows a grim situation. Is it enough to see it as exploitation at best or slave labour in a slightly more realistic setting?

There is however more. It seems that McDonald’s is on that same horse. (at http://www.theguardian.com/world/2013/aug/10/us-fast-food-protests-wages). Whether this is just a US problem remains to be seen. There are all kinds of jokes one could make on slave labor and an African American president, but you get the idea. There is no way that this does not hit him in any way as this happened on his watch! The question becomes how awake has he been whilst this was happening? When at least 6% of the Dow is created due to slave labour, it seems to me that questions should be asked on all matter of levels (which they are not). It is in that light that I find the Dow results very distasteful and wholly unacceptable.

When places like Coca-Cola pay 9% above the market rate and they are doing fine, why can’t others follow that same example? I must admit that 9% is indeed really good, but it is possible that Coca-Cola has evidence that this yields better and more loyal results. ‘Good for Coke!‘ I say (that slogan is likely to do very well in New York, L.A. and Amsterdam).

So, how is it all related to an upcoming currency? Well, is it that hard to believe that Wall Street will soon introduce the Dow Dollar? I am not talking about the Dow Jones FXCM Dollar Index, no I am talking about an actual physical currency. When (not if) America faces a total collapse, as any bankrupt nation is likely to face, then what will happen to the coinage on a global scale? Do not for one second think that Wall Street is waiting for that to happen, it might be that they have backup plans in place at this very moment. There will be a debate whether that coinage currently has an actual name. If you think that this is not happening, then think again. Do you think that a group of power players controlling Wall Street, who decide the fate of Trillions (of which hundreds of millions are theirs) do not have an alternative in place?

The sad part is that these Trillions are likely gained through tax shelters and tax havens. This is for now all perfectly legal, but when one in seven is in poverty, it shows a massive imbalance between the have’s and the have not’s. In addition, consider that the 442 billionaires the US have, several members are there because of their share of Wal-Mart. In opposition we see the owners of Coca Cola and Mars (the candy) and they made the list whilst paying their staff really well, so apparently slave labour versus a good product shows that a good product gets you there too!

Back to the coinage!

So this new dollar, which by the way is unlikely to be some ‘Bit-coin’!

I have had my issues with this on several levels as I wrote in the Wall Street Journal last July, where I wrote “until we can see some level of genuine foundation the fear remains that bitcoin has a danger to become the new detergent to launder all kinds of currencies. If that does happen, when the bitcoin is regarded by governments as devalued at 94%, what would be left?

That part is supported by an article last month (at http://www.theguardian.com/commentisfree/2013/nov/18/bitcoin-senate-hearings-regulation), the Guardian also published this in addition at http://www.theguardian.com/technology/2013/dec/10/apple-blocks-bitcoin-payments-on-secure-messaging-app-gliph. So, there is an issue with a virtual currency! In all fairness, when a ‘bank’ changes value of a coin, where $400 in Bit-coin rises to $250,000 to those same coins within a few years, something is definitely wrong. Money doesn’t grow and yes we need money to make money, but it will never grow to this extent. This looks like all the makings of a new marketed pyramid scheme and after these fortunate ones are done, we will see a massive collapse, because it is all virtual currency. Then what? Who will then be held accountable? Currency not supported by any valued mint (like Gold as currency used to be set against) is likely to yield a catastrophic result to the owners.

This brings us back to that Dow Dollar. At present, the US bankruptcy remains a reality and when that happens, where will currency go? Let us not forget that the US debt ceiling becomes a reality again in February 2014. Nothing was ever resolved and the US is still no closer to getting its own house in order. The moment this escalates and fear of the future becomes a reality, stocks will go down quicker than the German Deutschmark in 1923. Can it all be prevented?

First of all, when an economy is getting better, being tax accountable is a first, the fact that through economic and international lawyering this is no longer a case remains to be fixed. There have been too many delays on that path. In my (debatable) solution all members of the Dow 30 will make an annual 1% contribution to the US treasury. If you as a member get this prestige, you get to pay for it! It is a founding principle that actually came from the United States. On the other side, the government with that accepts responsibility to become more than just budget neutral. Overspending should end and the US must not be allowed to spend above the amount of taxation collected. So no 100.01%, when this budget is reached, IT SHUTS DOWN COMPLETELY!

This means also means that politicians would officially be held accountable for their budgets and will serve time in prison when they fail (that should make an immediate rise to able personnel instead of these ‘friend of the senator’ positions). Lastly, that 1% contribution goes towards paying off the deficit. These funds are not allowed in any way to be used towards some payment or budgeting scheme.

You see, when people behind Wal-Mart and McDonalds make so much money that they get to be on the billionaires list, whilst their staff members are in poverty; we need to shake their houses in order. Sending invoices are a first step on that path. If they do not comply, they go to jail and their companies become nationalised. I know, it is extreme, but consider the validity of justice when a billionaire actually goes to jail (something that seems to only happen in Russia), it might make them clean up their act and it also gives rise a first anti-greed wave. This is something that had been long overdue.

So will this so called ‘Dow Dollar’ become reality? Yes! It will happen 0.021 seconds (roughly) after imminent bankruptcy is declared by the US treasurer (which is likely to be done from a plane or an airport location).

Have a nice 2014 and keep an eye on your savings!

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Greed and the movies

As I contemplated the year 2013, several thoughts came to mind. I have spoken about it in several blogs, however, in most cases it was mostly about the banks when I looked at greed. Is that however a limitation?

From my point of view greed has drenched itself into so many parts of our lives that we must wonder if there is any way to avoid getting tainted by it in some form. The thought that hit me was how we are now seeing greed into the cycles of cinematography. This is the one field where greed was least likely to take hold, or so I thought!

Let me illuminate it with two examples.

The first one is the Hunger Games trilogy. Now, in all honesty I had not read the books, so when the Hunger games trailer hit me, I was seeing it with the air of ‘Yea, whatever!‘ I admit a stance I would regret. When the movie was on TV, I ended up being blown away. This as a movie buff should be regarded as somewhat of a loss. Most movie buffs will agree with me that a good movie has to be seen on the big screen. So, seeing it on TV, without ever seeing it on the big screen felt a little diminished. So, when Catching Fire came out, I had to see it on the big screen. I regarded that act as an error of sizeable proportions. The movie was a disappointment to me!

Do not get me wrong, there was nothing wrong with it, but the stars (like Donald Sutherland) seemed to be playing below their expected stardom quality. None of it was their fault. The script was lacking in my view. The movie was not bad, but it was all about ‘the set-up’.

What set-up? You might ask.

Well, as I see it, Catching fire is the introduction towards Mockingjay. After Hunger Games, Catching fire is cleaning the palette and in that final movie it will truly come to blows. This is what I expect. Is that true? I do not know, but what does worry me is that Mockingjay is presently going to be a two part title, which means that the Hunger Game franchise is getting stretched for the better part of a year so that the money people (producers and such) can cash in as much as they can. Again, I state that I never read the books, which might be cause for a valid disagreement by you the reader.

That view does not apply to the Hobbit. You see I have been a Tolkien fan since before I was able to parachute out of a plane (driving cars is so trivial and I was too young for that too). I even have an original 7 book hardcover edition of the Lord of the Rings. So, when that was presented to me in three movies it made perfect sense to me. Unlike some of the die-hard fans, I am pretty happy with the result. The only thing I did miss there was the taking of the Shire in the last movie. For me that made perfect sense. It was the moment that Merry and Pippin realised what those around them had gone through, when they saw the devastation to their own home. But apart from that, I have truly enjoyed that movie. The issue I have is with the Hobbit! Like the Hunger Games, I avoided the first movie in the cinema (which I slightly regret) and I still have not seen the second one. You see, when you stretch a 300-page book (I also have a 261 page edition with a smaller font), into 3 movies, each stretching well over 2 hours, it is time to ask a few questions. If it was in two parts, like Mockingjay seems to be it would have made a little more sense to me, but no, there will be a third movie! Is this greed gone wild?

Now, if the story warrants it and the movies are released within 18-12 weeks, then it might not be a big thing, but having to wait a year between parts is stretching my tolerance for the ‘branding’ too thin for comfort. If the movie is really good, would it matter? Well, there is the kicker of course. Yet, the question becomes whether we should have to wait for a year to get to see a complete story. I am not talking about a story that is part of a whole in several movies like the Millennium story (the girl with the Dragon Tattoo). No, this is specific towards the Hobbit and Mockingjay. Consider that the movie ‘Dances with wolves’ would have been presented in two parts (the 4 hour edition), would it still have been such a success? This is directly linked to the 2 movies I mentioned. Why are we accepting this annual approach to a movie that should be open into almost one timeslot? An example of that is the movie Novecento (1900), which was released in the mid 70’s. The interesting part is that this movie was also in 2 parts as the movie was 5 1/2 hours, but what you might not know is that they opened BOTH parts in the same week. So either you saw two movies in one go (which is not realistic in many minds) or you watched them in two parts either a day or a week apart. That would be fine with me, so why this greed driven stretch?

Well, there is a valid partial defence. The movie we see released nowadays have so many special effects that it take a while to get it all ready for the audience, but in the end, delaying part 1 by a month or two, so that we can enjoy a complete result within a month or two feels preferable to me than being forced to wait a year.

I will actually make a prediction. I reckon that this approach will be the main reason why illegal downloads of movies is likely to increase dramatically over the next year. It seems to me that this current milking approach will cost the movie makers and not just because times had been hard on some.

The revenue numbers are currently not in support of my view. At present 2013 is another lucrative year for the movies, but I am talking about 2014. Will it remain this way? Movie will always be downloaded by some and the illegal movie selling will continue. The question becomes how people will react to the multi-part movies? The only partial evidence I would offer is in the numbers as seen with Breaking Dawn (Twilight Saga). In this set we see New Moon, Eclipse and Breaking Dawn part 2 all around $300 million, whilst Breaking Dawn part 1 is slightly more than 6% lower. Is this enough to be regarded as evidence? The multi-part movies are still too new to be allowed any level of certainty (or reliability). I reckon that 2014 will give us a little more certainty in that regard.

In all honesty, if you had to wait a year to see the complete story, would you go to the cinema to see part one?

 

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Questions at this time

I have been fighting with myself in regards to certain issues that have been rising in this day and age. When we look at the definition of treason we see this statement “In law, treason is the crime that covers some of the more extreme acts against one’s sovereign or nation.

The question is not just in regards to a nation as is the case with Edward Snowden, but what about the acts against the people? If we accept the following statement as an acceptable fact “Republicanism is the ideology of governing a society or state as a republic, where the head of state is a representative of the people who hold popular sovereignty rather than the people being subjects of the head of state.

So, if that is true, then should we consider the acts or even the absence of acts that stops dangers to the people as an act of treason? I have written about some of these parts for some time now, as per 5 days ago the guardian is now a little more vocal about it (at http://www.theguardian.com/global-development/2013/dec/18/rich-countries-money-laundering-tax-evasion-oecd)

It seems that governments are FINALLY getting on the horse of action (as seen at http://www.reuters.com/article/2013/12/20/us-usa-tax-fatca-idUSBRE9BI13J20131220). Yet it seems that larger tax holes are still in existence in Ireland (at http://www.reuters.com/article/2013/10/15/us-ireland-tax-idUSBRE99E0PD20131015)

So should tax evasion be seen as a form of treason? I am not talking about the people left right and centre trying to find every possible tax hole. I am talking about the large corporations and their boards of directors (at http://www.businessspectator.com.au/article/2013/7/15/social-media/looking-beyond-apples-tax-evasion-tactics). If we accept the quote “Taxed at 0.004 per cent“, then how un-national (or in this case un-American) should these people be regarded? And it goes far beyond that part. This is shown in http://www.bloomberg.com/news/2013-01-23/yahoo-dell-swell-netherlands-13-trillion-tax-haven.html as we see a glimpse of the size of evasion. It is nice to see that the Netherlands are getting of the tax evasion horse, but consider this article from the Guardian (at http://www.theguardian.com/business/2011/oct/19/tax-avoidance-in-netherlands-becomes-focus-of-campaigners) shows that this horse had a very comfortable 3 years. Simon Goodley and Dan Milmo from The Guardian reported all this in October 2011, if we consider that then the words of President Obama sound even more hollow when we read “President Barack Obama presented a series of proposals in 2009 to curb offshore tax benefits“. Hollow? Yes, because only now at the end of his second reign is he making an effort, making it clear that keeping rich friends near you is all about re-election. So, when the hard times hit in the next term he can point the finger at the Republicans. The idea that we hold large corporation’s tax accountable does not seem such an option for either administration (Democrats and Republicans alike).

So, after all these years, as the US is getting in a financial state more and more desperate actions are finally taken, which in my view is well over half a decade too late. The issue remains, as people are hit harder and harder for taxation, not just in the US, big business seems to escape their share of taxation, giving them a massive advantage. In addition, in what I would call the ‘incestual’ relationship between a board of directors and their ‘ability’ to avoid taxation on a borderline of actual fraud (example HSBC to name but one). The game does change when we read that governments themselves start to offer assistance in this field (at http://www.cbc.ca/news/politics/jim-love-canadian-mint-chairman-helped-run-offshore-tax-avoidance-scheme-for-clients-1.2441347)

So, as we go towards Christmas and those high and mighty people do their ‘charity’ thing, then also consider that it is not impossible that they have been paying less taxation (like in +18% less), how very adult adults!

So if you want to cheer for anyone, cheer for that 60+ person, who after getting cut on life, living standards and retirement funds, this person is still doing over 20 hours a week in a community centre getting it all done for the people in their neighbourhood, because that is true charity and one more noble then I could actually muster at present.

If we get back to Republicanism, if it was all about ‘representing the people’ and consider that the fat cats are the chosen few (like 100,000 in a nation of 325,000,000), are these acts of non-accounting a form of treason too? Especially as tax evasion leaves a nation in a state of destitution? America seems to be clear evidence of that as its total debt will be roughly $60,680,485,000,000 on Christmas evening. Still think delaying acts against tax evasion was ever a good idea?

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Taxation Lost, John Milestone

High on a Throne of Royal State, which far outshone the wealth of Ormus and of Ind,
Or where the gorgeous East with richest hand showers on her Kings Barbaric Pearl and Gold,

This is pretty much the beginning of book 2 by John Milton where Satan debates whether another battle should be waged on the recovery of heaven. I would state, that if I was back in his employ at his right side (and no longer medicated), then heaven would no longer exist, such is the folly of man!

In that same light we could see the article that sky News showed today at http://news.sky.com/story/1181132/govt-losing-a-staggering-55bn-a-year-in-taxes. It’s title “Govt Losing A ‘Staggering’ £55bn A Year In Taxes“. It seems nice that someone is waking up, but let us not forget that this is something that had been going on for some time. It is nice to bring up Stemcor at times like these. Especially as this company is in hands of the family of labour MP Margaret Hodge who is chairman of the Public Accounts Committee.

Let’s not forget, before we nail her to some cross, that WE (actually you Britons) enabled all this. She and her family broke no laws. Has there been an abundance of letters to the MP’s of local voters demanding a stop to tax evasion? No there were not!

So it is nice to read in that article the following “PAC chairman Margaret Hodge said: ‘It is staggering that, in one year, the public sector was defrauded of over £20bn and the tax gap rose to £35bn.’” Is it truly so staggering? Her own company paid less than 0.1% in taxation. It boiled down to 14 million pounds over 2.1 billion generated business (as suggested by the Telegraph, which is not the best of sources). The Stemcor website had this to say (http://www.stemcor.com/Response%20to%20further%20allegations%20of%20tax%20avoidance%20in%20the%20UK%20press.aspx).
I can go with that! I accept that turnover is not a sign of profit, the numbers in my mind do not seem to add up, but I lack the data to confirm or deny this, so for now, let’s move on.

This is because the reasoning I hold is in play as we read the next quote “However, the committee said its credibility had been undermined by the ‘poor quality’ of some of the data and the Treasury needed to do more to explain the discrepancies between some of the figures in the WGA and those produced by the Office for National Statistics.

I reckon that the quality of data from some of these sources have been in question for some time. That is a side I do have knowledge on. You see, these views always involve several parties talking (discussing and disagreeing) and in retrospect, when we take a look at the numbers and the data that was needed, we all end up wondering why certain data was never collected. When you play the game in only submitting what was ‘exactly’ asked, we end up looking at three iterations of ‘miscommunication’ and we end up with results that do not help to the degree it should; there is little doubt that certain numbers are not available. So, when we consider the Stemcor answer in regards to their 1% of profit in consideration of turnover versus profit, then we should take a look at a random example.

Let us take a software company. They have a program for sale at $1000. The customer wants it, they need training and they need some assistance (read: consultancy). So a package deal is made. The training and consultancy add to almost $750, so the salesperson makes that $1500 package deal as he gave a 25% discount on the program. Yet, their HQ abroad states that $1000 goes to their HQ and the rest is for the local office (which is $500 at this point). Now, $500 does not pay for all the costs, but for the local office it does not matter, they get paid and they never notice it, the CFO makes it all match and that office has close to 0% profit as the turnover and the costs cancel each other out. So, yes! We understand that some places have little turnover, but how are the costs and the deals managed and registered? At no point any laws were broken, yet when we consider this, tax is still evaded.

This is part of the game that the corporate icons play. It is all legal and no laws are broken. Yet, who benefits from all those millions? I remain on the fence in many cases. I believe that the hard worker should make more, that the innovator deserves to get rich, however we all do have to pay our taxes (even though it hurts in many cases). It is that part that is so lacking. Weirdly enough, the tax office seem to hunt down the little people, whilst chunks of corporate city London (and New York and LA and…) seem to push it all across borders and attend sales conferences in 5 star luxury resorts. Google, Amazon and Apple are the visible players, but that list is long and very distinguished. How about those dozens of software vendors (and companies with such a setup) with offices all over the place? How much gets pushed to other places?

That part needs to be dealt with and it is nice that Margaret Hodge is fighting this battle, yet is she getting it done? This is not about her, but I am questioning the data collectors who should have been on top of this LONG BEFORE Miss Hodge got the visibility. Who is guiding them to collect and sift through the data that is collected? Who decides on the questions that need to be asked? To me, that seems to be the gravy train that many wants to board and no one wants to rock, because those corporate supporters get a taste of the real sweet life. They are not in the limelight, but they get access to the real VIP events, get access to the best schools for their kids and life in the places many only dream of. They are the people behind the curtains. Perhaps MP Hodge needs to take a second look and rip away certain curtains, it might be quite a revealing view and a show the press would love to behold.

 

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The Holden circus!

Today there is an abundance of false emotions, stomping of tables and floors by theatrical agents. Yes, today the upcoming closure of Holden got announced. They are not the only one. Ford had already decided to stop in 2016 and Mitsubishi closed in 2008. Now, Holden will stop by the end of 2017. On an Island of 21.000.000, the three large makers get out. Is it a wonder? The economy is down by a lot! Buying cars is not on the mind of many. I get that there is enough space for one to exist, but do we really all need a new car?

This is not just about the economy; this is about need and offer. How viable is it to make cars? The initial idea that we need a car almost every year should have been abandoned year ago. The fact that we were hit by 0% finance deals should have been an indication. This is not just a view that is new. This has been going on for at least 2 administrations. It is so nice to see the amount of emotional lashing we are currently see on Sky News. It goes further. One mentioned that part of this had been known since 2007.

The one part I found most amusing was the speech by Paul Bastian. He is the National Secretary of the Australian Manufacturing Workers’ Union (AMWU). Sky News reported “Paul Bastian blamed the government’s refusal to offer more assistance to Holden and called on the government to ‘come clean on its vision for manufacturing.’

This is in part the fault if the TPP. The TPP would allow for the American brand to be again an American brand, now through imports without severe import taxation, which is exactly what the TPP was meant to do. To be honest, this is the part I do not object to. In the end, if an American brand works from America, then that is how it is. If this is the way that American corporations need to operate, then that is just how it is. My issue with the TPP is and remains the unjust hijacking of innovation. This is not it. This is a business decision. I do not like it. Many Australians do not like it, but that is just how it is.

Getting back to Mr Bastian, I get that he is emotional, I get that he wants it to remain here and that the government should have ‘done more’. Are we to give Big Business a free ride? No! If one thing is a fact then perhaps that this is a signal for these Australians to sit down and create a new Australian brand. Get a national car, get the ideas together and create a new brand that could become the proud spearhead of an industry. Let us not forget that Holden (and Mitsubishi and Ford) have decided to walk away from 21 million potential customers. Germany had 10% of that when someone sat down, created the boxer engine and then made ‘Volkswagen’ a reality (by the way, the boxer engine would be the proud trademark of Porsche for decades). This literally translated into ‘car of the people’. With that they followed Citroen, who started 2 decades before that. These two would impact the automotive industry within 2 decades. So why look at General Motors holding your hand up like Oliver Twist asking for more?

Short and sweet? “Fuck ’em!

There is nothing stopping us from creating a generic engine with the Kiwi’s and create a car that has a decent level of appeal to almost 25 million people. (Aussies and Kiwi’s).

 

In addition, there should be great laughter rolling from the interview that Sky News showed in regards to the reasoning. Questions like ‘If Mr Hockey had…‘ is just preposterous initially. Yes, there might have been issues, but when you hear about a 1 billion commitment towards that big business, we need to start asking questions.

The short and sweet of it is that America is BANKRUPT! With 17 Trillion in debt they are talking about 80 billion in less spending. When you are down 17,000 billion, 80 billion is less than 0.5%. So finally America starts cleaning up its act by calling back business and making then tax accountable. Is that such a far stretch? I think not and I do not blame them for that step in any way. So is it such a stretch for an Australian to create a new local brand that will support OUR industry, OUR people and OUR economy? This is what innovation is all about. Yes, our car, if released in 2016 might lack all the comforts, but so did the French 2CV. That became the future of a billion euro company. Nothing stops us from redoing this. In the end, the economy forced big business back to their local ground. Yes, they might lose 25 million customers, but we could create a new economy, a new future and new innovation. I say we look forward!

All what we see now on TV is name and blame by people making a lot of money, whilst the facts had been around for a few years. Ask how those high paid analysts did not see this happening! I am not stating that politics are free of blame, but in the end, this is the choice of an American car giant (General Motors), a step that others, including Japan (Mitsubishi) had already made.

So when some make some theatrical show of 500 million getting pulled out, we need to ask ‘why on earth do they need 500 million?‘ How about we create a new brand? Will Toyota pull out? Perhaps not! If Toyota is all that remains, we have reason to JUST support Toyota.

Now, in all this, let me be clear that I am not an automotive expert, but to hear all these people claiming that ‘big business’ is waiting on more support by government is just ludicrous. Yes, perhaps it is a tragic day, but in the end, Mike Devereux has to represent General Motors. The opposition is all about slinging mud, but this had been going on for a long time, whilst THEY were in charge. So this, as it is decided in just a few months that the Liberals were in charge, they move away.

What a croc!

This had been planned for some time. Detroit, being a bankrupt city is on the verge of being removed from the map. The opposition knew that more was going on. To see

When ABC had this (at http://www.abc.net.au/news/2013-12-05/holden-to-pull-out-of-australia-from-2016-17/5138942) the following quote was given “Holden says discussions with the Government on its future are continuing, and it says it does not respond to speculation.” this means that there was more and more was in play, and to see the blame by the opposition is just a joke. If we in addition consider the Herald Sun showing us thin almost a week ago (http://www.heraldsun.com.au/news/breaking-news/govt-opposition-deny-holden-pull-out-plan/story-fni0xqi4-1226776625199), we see that there are several sour apples in the barrel and there are some indications that it could be perceived that labour knew about much of this, but perhaps the game was played for future tax break endeavours.

 

In the end, I think that these acts are all about America needing now to desperately protect American futures (which I totally get), which is WHY the TPP (Trans Pacific Partnership) was so important to them; especially in light of export terms (not just the issues that the WTO discussed over the last month). We should also regard that this is only the beginning. Consider that Japan has equal financial pressures. What happens when Takeda Pharmaceuticals Australia Pty Ltd does the same? Will we get another emotional outbreak by Kim Carr? Will we get more number fidgeting (that is how I see it)? They all forget that such a step needs several months of considerations. This means that the start of this had already at a time when it was the Australian Labour government who was in charge and this should have been dealt with THEN!

Instead, Labour show them as playing the child tantrum, they should unite with the Liberals and open the doors for a new brand. Consider the consequences when General Motors needs to consider losing 25 million customers, almost 8% of the American population. Be clever, be innovative!

We, both Australians (and Brits too) have proven to be innovative. Now, the Americans have given us reason to be so quickly and clearly. Let us show them that we can get it done, preferably without needing 500 million more after a business had been established.

I am throwing down the gauntlet. Who is the innovative engineer ready to commit to his possible future Fortune 500 position?

 

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Two deadly sins

This is the second attempt to this story. I was still on the Sony horse when writing the first attempt. Yes, it will hurt us and it will have long standing consequences for many to come, but I realised that it was not really the story (even though the press remaining silent on it is).

Of the seven deadly sins (Gluttony, Greed, Lust, Envy, Wrath, Pride and Sloth) I only truly hate Greed! It is also represented in Dante Alighieri’s 14th-century epic poem ‘the Divine Comedy’, which actually introduces something I would like to call the 8th deadly sin, which is depicted in his 9th level of hell. It is Treason! These two sins are the most debilitating sins to consider. These sins are not against one, or against one’s self. These two sins are acts by one against many and we see the consequences every day. These are not just acts by people against people. They are also seen as acts by governments against people or even against their own nation. We must arms against these two, we must do so fast, because the liberties we lose as we allow this to go on will hurt billions and many care for one thing, they care for number one, they care for themselves!

Do not take the last sentence as an assault, I am not talking about selfishness perse, but we are in a life cycle where we are almost forced to survive. Greed and Treason pushed us there. The Dutch NOS showed us several parts in one newscast. It was the news of the 26th of November 2013. The first piece came from the news on the scale gas winning in the Netherlands. I had written about part of it in July 2013. The blog was called ‘The Setting of strategies‘ where we see that the Dutch are trying to get billions in gas using a technique called ‘fracking’. There were major concerns, but should you watch the issues, you will see that parties involved were trivialising it all to some extent. Now questions are called for a large investigation. The most interesting part is the quote they stated in the news [translated] “the NAM will not drill for any less gas as this is not a mandate handed by the stockholders“. In addition reported e-mails by the Dutch Gas drilling firm (NAM), which from their side, remarks and ‘interpretations’ seem to be taking a negative term. The mail showed that they knew that earthquakes in excess of 3.9 (on the Richter scale) were to be expected. This means that not only is this, the possible start of a class action in damages against the NAM, the NAM could be seen as a major contributor into damaging a unique Dutch landscape. Not just the land, but also the cultural heritage that the Dutch area of Groningen has. Many buildings, most of them predating WW2 are structurally damaged. It is an area that had been culturally unique for over two centuries, even by Dutch standards. Are you fracking kidding me? Stockholders are allowed to ruin the state of Groningen? So the government oversight knew this going back to 2012? So what were these investigations in 2013? Party favours? This is greed gone wild as I see it. The most important part is that the UK and the conservatives are facing similar issues at present. The conservatives are very willing to go this route. It was reported in the Guardian (at http://www.theguardian.com/environment/2012/nov/03/uk-dash-gas). The question becomes whether George Osborne has been properly instructed involving the risks he would place Wales in? If he is briefed by stockholders, the UK should take another look at these proceedings. I understand that heating is hard and very expensive, but can people continue when they are faced with long term, perhaps even unrepairable damage to England itself? Can that be acceptable? I am not a geologist, so there are elements I have no knowledge of, yet it might be realistic that many Walesians did not sign up for Shale Gas experiments when it could cost them both Cardiff and Swansea, both containing the largest population in Wales. Is Britain ready to pay for 350,000 damaged homes? I agree, that is an exaggeration, yet the true damage will not be known for some time. Perhaps there will be ZERO damage. I am fine with that, but the Dutch evidence shows that greed trumped safety and health easily. Can the UK afford such a mistake?

The second link to greed, are the changes that Finance Minister Dijsselbloem is trying to push within the Netherlands. He is aiming for commissions not exceeding 20% of a banker’s income. I think that this is a good idea. I also believe that he is on the right track. Greed is debilitating to say the least. The Dutch Union of Bankers stated that this law is not needed; there are enough rules in place. The interview with Chris Buijink, who is the chairman of that union, is not in agreement. He is mentioning that with specialist jobs, temperate commissions are to be expected. You see! We all agree, so make it no more than 20%, which is temperate enough (in my humble opinion). I, personally think that a group of Dutch banks, after the SNS Reaal and other banking issues, including the RABO LIBOR fixing issue, need to expect much stronger measures. Greed must be stopped!

This is not what he called ‘a black page’ (as Chris Buijink stated), the banking issues from 2008 onwards show that there is a structural issue with the banking industry. The fact that the Yanks are too cowardly to act (see the non-passed tax evasion act and the Dodd-Frank act for my reasoning in this), does not mean we should sit still. That part gains even more weight as we read more and more about the ADDITIONAL issues the RBS is now facing (at http://www.theguardian.com/business/2013/nov/26/mark-carney-rbs-deeply-troubling-serious). So on one side Conservatives are trying to get the economy going and the banks on the other hand… (You get the idea).

There was a video linked to this, which states “Bank of England’s Mark Carney ‘offended’ by Labour MP’s questioning“. Is Mr Carney for real? As Labour MP John Mann asked questions in regards to the ‘distance’ between the governor of the bank and the political wings. I do not fail to see that it is about quick economic restoration, the issue that it is now likely that small business got sold down the drain into non-viability to get this done is indeed an issue for concern. Why is there no stronger oversight on this? I think that it is time for governments to intervene in stronger measures. What they are? Not sure, but it should be somewhere between nationalising a bank and barring the transgressors from the Financial industry for life!

This issue goes on in another direction too. If we accept what was written by the independent (at http://www.independent.co.uk/news/media/press/royal-charter-on-press-regulation-may-be-redundant-says-culture-secretary-maria-miller-8919775.html), we see that in the end the Press might not ever be held accountable for the acts they did. Not only are they advocated in their need for greed (as in circulation and advertisements), we see that they are in a connected center of treason against both their readers and the audience at large, again as I personally see this.

How?

Well that is a fair question. As the big papers have steered clear from the Sony issues as they became visible just over a week ago, they seem to remain extremely taken with their advertisement needs and less with protecting the audience. “£3bn: the total price-tag for Christmas gadgets” is a nice tag to have and even though we see news on Microsoft and Sony all the time, those messages are small and do not hit the bottom dollar. The small technology hit “Cody Wilson created a gun that can be download and built with a 3D printer – is he too dangerous for Britain?” is a small article and iterates something I wrote many months ago. He is now linked to advocating bit-coin, which is another matter. I have not taken a stance on it. I think it promotes white washing and I personally do not think that virtual currency has a foundation, once it goes bust in whatever way it does; these people just lose whatever cash they had in it. I reckon that these ‘victims’ when they come will have no turn back and the first case against any government should be thrown out immediately. The story how Sony (and Microsoft too) will hurt an entire industry and how they are setting up the events that could stop local commerce is completely ignored. How quaint!

I see it as a form of treason, because this is no longer ‘the people have a right to know’, but ‘the people have a right to know when we see fit’. That same application can be made for the banks. If we take the RBS case, then the people involved could be seen as committing treason against their customers. Is that not EXACTLY the issue we saw in the US where we see banks setting up mortgages and then betting on them failing? Why is this not under control?

The Dutch examples are their own version of treason. A company that seems to be betraying the people living there by submitting them to intentional dangers is no small matter. This is not the end by a long shot. Treason can go further, from governments towards allies. I am not talking about Snowden, that loon is a simple traitor for personal gains (in my view). The damage he caused will take a long time to fix. No, I am talking about the TPP, the Trans Pacific Partnership. I mentioned it in previous blogs linked to the Sony/Microsoft issues, but that is small fry. The big price is the pharmaceutical industry. You see, America wants it passed soon, because of the powers this partnership gives. I will not bore you with the patent law details; the issue I see is that America is afraid of India. Apart from being really decent in Cricket (a game America does not comprehend), the Indian industry had made great strides in generic medication. With a population of vastly over 1 billion, they simply had to. The changes are mentioned by IP experts like Michael Geist as Draconian. The Guardian covered part of the TPP (at http://www.theguardian.com/commentisfree/2013/nov/13/trans-pacific-paternership-intellectual-property), the changes could impact this market into a damaging result which will go into the trillions. My issue is that Australia sides with America. Why?

America had been asleep at the wheel. Instead of opening a market, forcing affordability towards a population, we see segregation for industry against people. How bad is that? Canada kept its consumer driven approach, which is why Americans love Canadian medication. As America does not keep its house in order and they got passed by! Do not take my word regarding these parts; you should however take a look at what Doctors without Borders think. I reckon we can agree that they have always been about healing people. I consider them a noble breed. A group of physicians, who spend a fortune on an education, making less than the personal assistant for a middle manager in a small bank, which is not much to live on! At http://www.doctorswithoutborders.org/press/release.cfm?id=7161 they state “Five countries—Canada, Chile, New Zealand, Malaysia, and Singapore—have put forth a counter-proposal that tries to better balance public health needs with the commercial interests of pharmaceutical firms” As an Australian I state that Australia need to take the high-road with Canada and New Zealand, not follow the cesspool America is trying to force down our throats. In the end, I suspect that this is about more than just plain greed.

Consider that the Dow index is based on 30 major companies. Now consider that 10% comes from pharmaceutical giants like Johnson & Johnson, Merck and Pfizer. After the issues we had seen in the last 3 years, I started to doubt the correctness of the Dow (and I reported on that in past blogs). It goes up and up, but with JP Morgan Chase, Goldman Sachs, VISA, American Express putting pressures on those numbers, the three big boys (drugs) could rock the boat in a massive way, which scares Wall Street to no extent. India had made great strides in affordable medication; the TPP is now a danger to affordable medication for people on a global scale.

Greed and Treason, it is all connected and it hits us all critically hard sooner rather than later!

 

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A joke called ‘the Press’!

There is an absolute air of disillusion within me. I knew for some time that the press, claiming to be so worthy of self-regulation seems to look at the things that matter, but on which scale? This is of course their rights, but it seems wrong to ignore a market that impacted over 32 million in the EU, with a large chunk of that in the UK. When changes are being made on several levels, impacting millions, the silence is way too weird. Could they perhaps gain Advertisement space?

You see, Sony is in serious trouble. They have made a step, perhaps even a final step. The market of over a hundred million is gone. The PS3 sold less than their first PlayStation and they barely passed the 50% sales mark of the PlayStation 2. Questions on several levels are made and even though the PS4 launch price is only 75% of the price of the PlayStation 2, the stakes are high!

My PlayStation 2, which I got on day 1 (European launch date) had lived through the years until last year, when I donated it with a ton of games (still functioning perfectly) to the children’s ward of a hospital. Even the original controllers had never failed me. So, I have been a faithful fan for almost 4 generations of consoles. Consider that this is a multimillion user market (with according to the latest numbers almost 95 million people with a PSN account), it becomes a worry when Sony changes the rules, making it illegal to sell your games (trade in) and no one takes a hard look at it. It will impact us here, but it will hit our smaller island (aka United Kingdom) a lot harder, with millions of gamers in financial hardship. Many will not be able to buy a PlayStation 4, and now, with the pre-owned market under attack, the papers, the news and others remain silent.

It is unsettling to say the least.

Why is it such a big deal?

Consider that the Commonwealth economy gets hit, losing in one area a few million consumers because pre owned games are now illegal, more shops need to get closed as they lose revenue. We see more and more articles via game sites (not by the renowned press places) stating ‘Sony reiterates that PlayStation 4 supports used games’, then why make selling your game illegal in the Sony User agreement? This is all in the week before launch, this is all about getting traction and this happens under the allowing and supporting eyes of the press. No questions are asked! Big business calls the shots and changes the market.

This paraphrased quote came from Ethical consumer: “Sony received Ethical Consumer’s middle rating. Sony had subsidiaries in tax havens which were considered to be at lower risk of being used for tax avoidance strategies. However due to a lack of country-by-country reporting it is hard to tell whether a company is paying the correct tax or not. Multinational companies often shift profits between subsidiaries in different jurisdictions, allowing them to dump their costs into high-tax jurisdictions which can be deducted against tax, and shift their profits to tax havens, where they pay little or no tax.

So Sony is no Google or Amazon, but it does play the legally allowed tax game. That is not a crime mind you, but avoiding tax on one side, and then slice the commerce that does pay taxation on the other side is getting a bit rich. In the end, governing costs money, not paying it means less to support. Worried about the lessened legal aid? Then look at the people using tax shelters!

So as we see the issues of pre-owned games, we see that MCV UK had the same issue, they had the quote from Sony Boss Shuhei Yoshida stating “If you are concerned about our new European TOS, we confirm that you are able to sell or share your disc PS4 products, including in EU.“, so again the issue remains, why make it illegal in the user agreement? A statement can be regarded as ‘erroneous’; an agreement is a binding contract. So the issue remains, can Sony be trusted and why is the press not all over this?

MCV (by Intent Media) is not the upscale journalism place on the grand journalistic scale of things, yet they are all over something the press in general should not be ignoring, so why is the press doing that? There is a third side to this that makes the silence of the press (with the almost unique exclusion from Brendan Molloy of the Guardian in this instance) even more worrying. The statement given by Shuhei Yoshida, should after that fact be regarded as a joke (and a bad one at that).

The TPP (Trans Pacific Partnership) is linked as this charter when we look at one part that set to the following “Criminalise the activities of small business by making every single infringement with the slightest commercial element into a criminal act“.

This means that breaking the user agreement, no matter what Shuhei Yoshida states, means that reselling your game makes that person eligible for criminal prosecution (and in other paragraphs, the shops selling them could find themselves in a similar predicament).

It is important to note that these thoughts come from other sources and even though Wiki leaks presented the full document confirming this, the fact remains that this is not the final published document. What is important to know is that steps are taken to gratify the agreement within the next 6 weeks, whilst according to the Guardian (at http://www.theguardian.com/commentisfree/2013/oct/30/trans-pacific-partnership-tpp-dfat)

The Australian political players involved were either not thinking straight or way too eager to please Microsoft and Sony in these matters, because those are the two players DIRECTLY benefiting from this in a massive way and this goes far beyond their consoles, this is a massive play for profit! Not only will they avoid trade tariffs by 90% at present, they pay almost zero taxation after the fact as well (at present). It seems utterly unacceptable that we open doors to government sanctioned tax havens whilst those big businesses pluck us clean and remain empty on responsibilities on the other hand. With Australia getting 30% – 60% more charged on games and other digital media, we seem to be getting the short end of the stick on many levels. This TPP is a bad idea on many levels and the impression is given that Australia seems to accept the advice from the US. I find it interesting to see a picture of a smiling Foreign Minister Julie Bishop, as she makes small talk with one of the two partners that cannot seem to get their own house in order, at minus 17 trillion the US might not be the actual player in charge. This TPP reads like a joke; it gives additional powers to big business, whilst that big business avoids billions in taxation (in the US alone). In my personal view, how stupid do you need to get here? America has done NOTHING to take on big business and tax avoidance. All their promises have been hollow at best! Acts that have been years in the drawer, issues are ignored and no one take the dangers we are getting to at present serious (they claim to do so and then shelf any acts until the 11th hour). The second partner I referred to is Japan, a nation that is presently holding on to a debt twice the size of their own GDP. So why are John Kerry and Fumio Kishida there, when their governments are basically bankrupt? Doesn’t it make for more honesty to have the TPP with Bill Gates and Kazuo Hirai? They seem to have ended up with the non-taxed revenues.

If we look at the world we just gave away and the innovative world we always fought for, it seems we are making several steps backward, steps that will hurt us for a long time to come, whilst the benefactors are those who remain behind the screens already owning more than god ever did. The greed game usually ends up having roughly up to 99.9992% of the affected being victims, why enforce it even further?

Even though the TPP will not hit the UK directly, these events will lead up to changes that also hit the UK shores sooner rather than later. Even though Tax avoidance seems to be ‘sexy’ enough for the press in general, the Microsoft tax avoidance issues (in the UK around AU$ 2 billion), seems to remain ignored when we consider that Microsoft is all about becoming ‘the entertainment system’ and as such we will soon enough buy TV series and movies online, whilst taxation loses out, which means that at almost no tax, consumers will end up with a temporary product whilst the government gets nil, shops will be driven back even further in economic despair, whilst ‘retransmission laws’ are changing giving the consumer less and less options to see that what they desire (and when they do, likely only by certain rules and certain providers).

All this hits back to the press remaining silent on many of these events. Why?

 

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Protecting Consumers!

I am still on the Sony horse! It is interesting to see how consumers are do not seem to be protected and how little visibility some cases seem to get. I seem to have found what I consider to be severe consumer injustice!

This injustice is on two levels. The first level is on the side of ‘the small print approach’, the second side is on the consumer side through the shops. So as discussed in my previous blog (pricing a Sony game), where they changed the user agreement to make illegal the reselling of games and on the other side the TPP will allow them big companies to charge us more.

At the DPP, no one was willing to take any calls (they apparently do not take any calls ever). They referred me to the ASIC and the Law society of NSW. They were little help, however the Law Society did what it service minded does, and they would be able to refer me to private solicitors. This is what they do (and what they are supposed to do), so there is no case here, other that they were willing to give all the assistance they could. From there I ended up with the fair trades commission who listened and explained on how I had to go to the ACCC.

The ACCC logged the issue and it is now investigated internally.

I also talked to Channel 7, Channel 9 as well as the Sydney Morning Herald. They were all interested, but seemingly unaware to the issues that are going on at present. In my view I have always be loudly outspoken against this and I did so against the acts of Don Mattrick when he was with Microsoft. It seems hypocrite not to speak out against Sony when they try to hide in the weeds not quaking!

I am all for protecting gamers, if the little time I have left on this earth is to get some protection for them against injustice and greed, then this is a fight worth fighting. The gamers are now swiftly placed between the TPP (Trans Pacific Pact), raising the price of entertainment even further and the forces crushing the options of pre-owned games for those not being able to afford full priced games, something must clearly be done.

It is also interesting how the government and the Fair Trade commission remain silent on these matters. Shops rely on pre-owned games to survive after the margins of new games are reduced to an absolute minimum. The pre-owned games keep them into business. As large companies are paying less and less corporate tax as their offers go to downloaded revenue (which often goes via non-commonwealth tax shelters). We see that they are paying less and they are the cause of shutting down local shops with these new arrangements. I believe in fairness and at present there is no fairness in any of this.

Too squeeze a population already in hardship, to hurt them even further with these events is beyond acceptable!

In case you see some response on ‘generic’ or some party line response how this is not the intent of the Sony User agreement, then consider one other piece of information. PlayStation Home offered an amazing private space for sale. It was by loot and it is a graphic and technological highlight. You buy the private space where you can walk around. It is so amazing as this is a new form of private space. Not only is it graphically superior on many levels, it has a new level of interactivity. The private space allows you to monitor twitter via a light bar in your apartment. It offers LOOT™ Radios (music) and EOD TV (movies, TV shows). This is a new era in entertainment, yet not everywhere available. They were very clear in communicating that part. I get that part! Yet, consider that Loot is part of Sony, and that the TPP is about to limit retransmissions of broadcasts even further, how long until consumers ‘lose’ those options? In addition some places cost US$2.99, whilst in Australia the same places cost AU$4.99 and in the UK GBP 2.39. So, when we set this all to the same (US) currency we see:

United States $2.99, Australia $4.61 (+54%), United Kingdom $4.19 (+40%). So not only do we pay on average a lot more, we get less for the overall package. Interesting how this lacks the visibility it deserves!

I wonder how much visibility the press and the news casts will give all this in the coming days. In my eyes it might be an interesting stretch to see how much power they have over the press, in case of the UK we should look at how much visibility they give all this. They claim that they could regulate themselves? Well, if this is true, how come that NO ONE (of the big newspapers in the UK) has had any visibly outspoken view on these matters by Sony? I saw a few sources like ‘reddit’ and other bloggers pick this up, but that is about it. If you are wondering on the size of these matters, I am not a journalist, I am not some high powered media mogul, I am just a blogger who knows games. The gaming industry encompasses a market in extent of 20 billion dollars a year. That is a market big enough for ALL newspapers to keep one eagle eye on any news that impacts it. No visibility seems to have been given at present. A questionable turn of events!

Who is looking out for the consumers, especially those who do not have that much to spend?

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A changing console war

We are 12 days from the beginning of a new war, an all-out war, it is the war of the consoles and this war will start now and will go on until past Christmas. Yes, Christmas is the new center of these war efforts.

On the left side we have the one, and on the right side, the other. It is Sony versus Microsoft and it does not matter who you choose or support, you the gamer will make at some point a choice. Some with get neither and some will get both, 4 groups! From my view, I choose the Sony side, as the PlayStation 4 is stated by them as a system for gamers! Yet, both sides made the same mistake, even though Sony had an optional alternative, both systems come with a 500 Gb drive. The PS4 allows for the system to be upgraded with a bigger drive. What I do not understand is why they did not install a 1Tb drive for a mere $20 more. There is a lot more to this, but about that part more a little later.

I will mention at this point, right now, that part of the view that follows has bias. I want to be completely impartial, but to claim impartiality when a person’s passion is attacked is at times way to ludicrous!

My issue with the Xbox One, the Microsoft (aka Micro$oft) product had issues from the very beginning. First, they (Microsoft via Don Mattrick) announced on the need for a once a day login to the Microsoft system. I discussed that in my blog called ‘Discrimination or Segmentation in gaming? (UPDATED!)‘ In June 2013, that part was later recalled, which is why I updated the blog. I do believe in keeping people abreast of the correct information. Microsoft made the blog again in August 2013 in my blog called ‘Tax evasion, copyrighted by Vodafone?‘ This was all about ‘pay as little as taxation as possible‘, which will link to this later. Then in September 2013 we get the blog ‘The marks of trade‘ which again links Microsoft. So, why are these linked to the console war?

The last article has the mayor link to what the consumers of their choice in the console wars are not getting informed about.  “When the digital world is entering the field where more and more possible ‘new’ consumers are updated through the net, it seems that their marketing and party lines need to get a massive overhaul and it should all get a much better mentor system then it currently seems to have.” There is a side that had been hidden, even from me. This side is not on the up and up and even game sites like Gamespot have until now been silent about it. The latter one is silent about it as they might not be aware at all, which would be fair enough.

So what is going on?

The next generation of consoles will evolve into a new world that is all about DRM (Digital Rights Management). Even though you think that this was off the table, certain changes are now becoming visible doubting that all no matter what some executives claim to be the case. In case of Microsoft, for their system, as this is not a gaming system, but it has been labelled as an ‘entertainment system’ this all will become a much bigger issue. Do not think that Sony is off the hook here, they will be part of all this down the road too!

The issue came to light when I was made aware to an article called “TPP ‘A Substantial Threat To Australian Sovereignty’” (at https://newmatilda.com/2013/11/14/tpp-serious-threat-australian-sovereignty). If we ignore mentions like ‘secret law‘ for now and concentrate on “a law that will override the High Court of Australia” as quoted, then we see that our attention was pulled away from lawmaking that will have a massive influence on global users of all forms of entertainment.

Suelette Dreyfus a research fellow from the University of Melbourne states “At its heart the TPP is basically a grab for money. It will take money out of the pockets of average Australians and give it to large corporations in the US“. She also makes a mention on how illegal movies will now have to be policed by the ISP’s, even though the high Court of Australia had already ruled in ‘Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16‘ in this matter. The law changes would influence future events. I dealt with the initial issues of illegal downloads somewhere during the year, but the change might, if enforced mean that, should illegal downloads stop (I am not against that), that the economic fallout would be enormous. Consider that Telco’s would see a bandwidth drop of two marks, which would mean that the consumer bill would lower an average of $30 a month, with over 7 million users this amounts to 210 million revenue per month less (spread over several providers), this would have a massive consequence, but the effect would soon be global if this path continues. To be frank, it does not affect me, I never download movies. I prefer the quality of a DVD/Blu-Ray on my TV screen, whenever I want it.

Brendan Molloy, the Information freedom activist and Councillor for Pirate Party Australia has an interesting view on other changes. “Perhaps the most shocking inclusion in the TPP IP chapter is criminalisation of non-commercial copyright infringement.” The Australian patent law changes, discussed in what is referred to as the ‘raising the bar act 2013‘, is all about promoting innovation. These events change everything. His quote “The text even attempts to consider temporary copies to be copyright infringement!” is an interesting (read dangerous) change. It implies that personal owned transfers (like CD to MP3) could be affected. A final quote is “There is language that would lower global standards on medical patents and potentially extend patents beyond 20 years, all supported by the United States.” This means that there steps in place to thwart innovation and strangle hold commerce. This means that only the big boys will be able to dictate progress for the next few decades, which means innovation goes out the window for a long time to come.

Angela Mitropoulos, Researcher at the University of Sydney has the following to say “The biggest winners in the TPP are the largest global corporations and, with the proliferation of mechanisms proposed, they intend to fully harness the infrastructures of the internet and the full force of the law in order to capture and extract even larger profits and a wider share of the world market.

Basically, the new world terrorists will be the large corporations, if these reported events are true. So how does this strike back to the console war of Sony and Microsoft?

First of all, games and consoles are ALL about innovation. A console is only as good as its games and without innovation a console dies fast. Sometimes reverse engineering is the only way to get true progress. Consider the parts mentioned earlier, and if you have a console (either Wii, Xbox 360 or PS3), look at all the parts you have and how many of these parts were not an official Sony, Nintendo or Microsoft product. Items like recharge-able batteries, controllers and head sets. All that could stop! The issue goes a lot further, if we consider the quote from Brendan Molloy “article QQ.G.10 reinforces one of the worst parts of our current IP regime, which consists of legal protections for technical protection measures. Why should it be illegal to jailbreak your iPhone?

So products like Blu-Ray’s and DVD regions and Smartphones. All of it treated under scrutiny of big business! Consider that due to these changes the new iPhone 6 could then only be there for the Telstra (or Vodafone) customers (presumption). These changes would make these events possible. Smaller firms would quickly be pushed out of existence, giving even more power to big Telco’s. This could also have an effect on consoles. If we consider the implications, then the danger becomes ever more apparent that the innovation that we desire to see gaming go forward is also in danger as a sizeable part of the indie developers are in the Czech Republic, Finland, Germany and a few others, who are not part of this agreement. So, if Sony and Microsoft set their IP stranglehold to such an extent to drive these developers away, then what happens to innovation?

The TPP seems to be about segregation not about innovation (as far as I saw the information pass by), which means that whatever happens will be under complete control for Sony and Microsoft for their respective consoles. Is this bad or is this good?

I think it is a bad thing, if we consider innovation in gaming. I am not against Activision protecting themselves against a reverse engineered version of Skylanders on one side, but to strangle hold a market will never lead to innovation, which translates in our case to better and new original games.

The next part is on Microsoft specifically. This is because they ‘wanted’ to label their system as an ‘entertainment system’ as such; the changes that the TPP is trying to push through will have additional consequences for the Xbox One.

The initial TPP article made the following mention, which came from Brendan Molloy “The United States has proposed several provisions that are anti-innovation. One such provision is a blanket ban on the retransmission of TV signals over the Internet in Article QQ.H.12, regardless of purpose, without permission of the rights holder.” This is where I get back to that small drive in the Xbox One. There are two sides. If we cannot store too much on the Xbox One, then we must either park it on the cloud (where we can be monitored), or we download it again and again (costing us bandwidth). That was ‘yesterday’, when the TPP comes into play, the retransmission of a movie from the cloud might come with additional limitations where any additional ‘replay’ could be charged. I am not stating that it will, yet the changes are ALL about economic control, so it could happen. This reflects back to the part in ‘Tax evasion, copyrighted by Vodafone?‘, because even though we are all charged, the provider is likely to pay a lot less taxation on these services, so not only will local commerce get hurt, those local governments will collect a lot less corporate taxation because of this all. We saw that in cases of Apple, Amazon, Google and a few others.

That means that the digital movie and TV options from Microsoft would go through very specific bans and very tight rules. This means that picking up the Swedish or the Dutch newscasts online might not be possible. You see, QQ.H.12 is one step away from WHICH stations your entertainment system will receive, all set in a nice package pushed through by a nation that is one step away from bankruptcy, desperately in need of money! You still feel safe with your Xbox One?

So, as we see the interaction of QQ.G.10 (jail breaking) and QQ.H.12 (retransmission) we see that in the broadest sense of the word that Microsoft could decide what we see and when we see it. Is this the global, shared world we were supposed to move forward to?

The site ‘Business Spectator’ quoted the following in regards to the TPP. “Besides the United States, the pact would include 11 other nations, among them Australia, Japan, Malaysia and Mexico, though it excludes regional powerhouse China as well as Indonesia, Southeast Asia’s largest economy.” So, it seems that the IP world is no longer about making a global effort in moving forward, with these different trade pacts we will get a new war, not on resources, but on who gets to play with what, when and how and the new consoles are smack in the middle of this changing landscape.

So if your console does more then play games, the question will soon become ‘at what price‘ will it do what it does?

Philip Dorling from the Sydney Morning Herald reported this 2 days ago “Australians could pay more for drugs and medicines, movies, computer games and software” so even though we get to pay 30%-60% more on games at present and 60% more for movies, we might end up paying even more then that? I am not even touching medication, which is a hot iron on several levels. To read that Tony Abbott is quoted in the article with “Prime Minister Tony Abbott has indicated he is keen to see the trade talks pushed to a successful conclusion next month” gives us further pause for concern. The man just got elected and it looks like he sold us out to the Americans within 80 days of his election, this must be a new world record!

So the choice of your new console could come with an additional price tag, one that the politicians will happily leave to big business to decide. I have not known ANY instance EVER, where greed driven entities EVER decided in favour of the consumer! It is an expensive lesson gamers might soon be forced to learn again soon.

Have a great holiday and don’t let that new console hit you too hard in the Credit Card on the way out of the shop.

 

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Crime still pays!

If the banks are any indication then there is plenty of indications that only amateurs become burglars, thieves or murderers. If you really want to move forward in strong financial ways, then one needs to become a banker. That is the message we read when we see the Dutch approach to their RABO bank in regards to the LIBOR scandal. The RABO received its 774 million euro fine. Part of the information is here at http://nos.nl/video/568494-rabobankbestuurder-schat-geschokt-door-renteschandaal.html

One of the issues is that they paid off the Dutch version of the CPS with a 70 million euro settlement.

The news mentioned that some got fired, some lost rank, and people lost commission (no explicit mention whether all lost it). This is part of the problem. Some got away and they can try again at some point. I personally found the mention that chairman of the board Piet Moerland’s departure to be a hollow one. Yes, this is just my personal view! He would have retired next year. Consider that the RABO puts a fine of three quarters of a billion in the books this month, which gives us that the next fiscal year the board is less likely to get any commission, which gives us the view that the RABO boss decides to retire and not work for free. Interesting is, that whilst the issues of LIBOR have been visible (for well over a year) that the final moment when the amount is known sends him to make a gesture resulting in his non-working near future. There is no evidence that the top knew what was going on. Yet another story by the NOS shows that even though traders got such lovely extras, no real internal investigation existed on how they got to these high commissions.

There is something to be said about Sipko Schat, who was in charge of the traders in that period and who remains with the RABO bank. That part is not negative. There was no indication of any sorts (or so it seems at present) that he had any idea what was going on. We can doubt that, yet considering the structures of the other involved banks, the viewpoint that Sipco Schat seems to be innocent and unconnected is a rational and acceptable one.

So why the issue on crime that pays?

It seems to me that if we consider the Dutch Banking law of 1998 that at present, there do not seem to be enough handles in place to successfully prosecute these transgressors and this issues goes vastly beyond the Dutch borders, which is the one part that truly bites the people of many nations (not just the Dutch). It is my conclusion that the Dutch prosecutions office was willing to settle for 70 million, for the realistic reason that the chance of getting true legal justice for the transgressors seems to have been unlikely and for those who got to feel the axe, the proceedings for the crown would have been a lot lower. Yet prosecuting them might have been a better option. This is because many are now seeing and feeling the same sting of the years of building frauds for the Amsterdam International tunnel (to name one of several events), where three constructors settled for 1 million each, even though the transgressions showed inaccuracies of well over 30 million. This was in November 2001. There were additional building fraud cases in 2002 and 2003. Isn’t it interesting how builders and banks seem to get to settle for the fraction of the transgressed amount?

Even though much of the actual damages will get returned, not all of it will and it seems to me that profit margins remain to be too good for people not to try a roll at the high yielding criminal slot machine.

I see the issue in several nations that non-violent crimes are not correctly weighted (so, not just in the Netherlands). Too many judges seem to remain oblivious on the consequences of non-violent crimes, often these events get trivialised in courts (not just the Dutch). Not enough power is placed on improved legislation and successful convictions against financial crimes and no one seems to be willing to rock the stable boat in these regards. Until the cutting knife of the law shows unreservedly that traders and bankers could lose their professional licences and qualifications for such transgressions too many remain willing to give the slot machine of ‘hefty returns’ a go, as $1 might give them $xn if they can roll the bars to F-RAU-D, because even if they get caught, there seems to be a decent chance for them to hold onto a fair share of the unfair gained amount.

 

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