Category Archives: IT

July 16, 2015 · 23:10

You keep what you kill

The business section of the Guardian had an interesting article yesterday. It comes from David Pegg and it is about targeting customers. In the article we see a prominent picture of Robert Redford (at http://www.theguardian.com/business/2015/jul/15/sky-broadband-customers-targeted-allegedly-pirating-robert-redford-film). So what is at play here?

Here we see ‘US firm TCYK, apparently named after film The Company You Keep, made Sky hand over details of customers accused of downloading movie‘, which comes with the opening quote “Dozens of UK broadband customers have received letters from a US firm accusing them of pirating a little-known Robert Redford film and inviting them to pay a financial settlement on pain of further legal action“. You see TCYK got a court order against Sky Broadband, which must now hand over customer details of those TCYK accuses of using torrent sites to download and distribute the films.

These people now get the offer of paying a hefty fine or end up in a legal battle.

So, how does that work in Australia? Well, here we depend on the Copyright Act 1968, where we see in section 36(1) “Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright“, which means you made the movie, you are licensed to handle the movie, or you own the copyright, if you are none of these three, you become the infringer.

Now we get to the nitty gritty of the act (sections 43A and 43B) when we consider ‘temporary reproductions‘, which starts of nicely in section 43A(1) with “The copyright in a work, or an adaptation of a work, is not infringed by making a temporary reproduction of the work or adaptation as part of the technical process of making or receiving a communication“, with the crown part ‘temporary reproduction of the work or adaptation as part of the technical process’, which takes Sky Broadband out of the loop in all this, because Sky just sends packages from point A to Point B and as such, they do not keep any parts of that they communicate, they only keep the logs of what is communicated.

In subsection 2 of section 43A we see “Subsection (1) does not apply in relation to the making of a temporary reproduction of a work, or an adaptation of a work, as part of the technical process of making a communication if the making of the communication is an infringement of copyright“, which might put Sky in the hotspot, yet Sky is at this point an innocent disseminator of information (you know that anti-censoring part people all love), so Sky must prove that by handing over the records. This now counters the (what I would regard as fake indignation) from Michael Coyle, a solicitor advocate at Lawdit Solicitors, who stated regarding the act of Sky Broadband “They should be fighting tooth and nail not to have this information released”, to which I would state “Yes, because we should always protect the people engaging in illegal acts!” more important is the part that comes next “TCYK says that it hired a “forensic computer analyst” to identify IP addresses of computers that were making the film available online” so it seems that those watching the movie are not high on the list, it is about the distributors, those who made the movie available online. So there are two parts. The first part ‘temporary reproductions’, is a part we are still looking at, yet ‘distribution’, which we will also look at.

As Sky is protecting itself by showing themselves to be innocent disseminators, we need to see the logs, part of that is to give evidence that you (or they) are working on a temporary reproduction.

Temporary what?

OK, let’s take YouTube, when you watch a movie, a trailer, a TV Show, you are looking at a temporary reproduction. The movie is streamed into the memory of your computer and once the link is severed at ANY GIVEN MOMENT, the movie cannot be watched and it cannot be re-watched’ it must be pushed into the memory of your computer again. This is different from Torrent systems where a file, temporary or not is actually saved to your computer. This is the confusing part, whether it is a temporary file (what the people refer to as temporary) is actually ‘just a file’ that file remains on your computer, just like many other ‘temporary’ files.

I know, it is still confusing! Let me elaborate, when windows or a windows application needs to handle data, it created a file that changes all the time, we refer to them as temporary files. The UNIX reference is much better, they are called ‘scratch files’. So if you download a PDF, it will create a file, and that file will capture all the packages and add them together. That is done until the file is complete, when the download is completed the file gets written becoming the permanent file. This is the normal way for operating systems to work. The issue is that something is written (read: saved) onto your local destination, when this is done, it is by sheer definition no longer a temporary file. this is the part that is taken care of in Section 43A, now as long as there is no way to make the ‘temporary file’ work via an application of any kind, you can also rely on section 43B of the act where we see in subsection 1 “Subject to subsection (2), the copyright in a work is not infringed by the making of a temporary reproduction of the work if the reproduction is incidentally made as a necessary part of a technical process of using a copy of the work“. This now shows my explanation of temporary reproduction, where we refer to ‘incidentally made as a necessary part of a technical process‘, which could make that part a no go area, was it not for the first part where we saw ‘Subject to subsection (2)’, which is now the issue as this does not apply as per section 43B (2)(a) relying on both (i) which states “if the reproduction is made from an infringing copy of the work“, and the irritating use of the ‘or’ statement for (ii) “a copy of the work where the copy is made in another country and would be an infringing copy of the work if the person who made the copy had done so in Australia“, which takes care of any ‘border’ issues.

So, here we are with an infringed work, so what about the words of Michael Coyle?

Well, for this we need to look at Part V remedies and offenses, specifically ‘Division 2AA Limitation on remedies available against carriage service providers‘, which now puts poor poor old Sky Broadband in the limelight! It is a bit of a puzzle, but in short it amounts to “A carriage service provider must satisfy the relevant conditions set out in Subdivision D before the limitations on remedies apply” (a bit paraphrased), this is set in section 116AH, where we see that the carriage service must provide the following two elements for ALL category transgressions

  1. “The carriage service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers“
  2. “If there is a relevant industry code in force—the carriage service provider must comply with the relevant provisions of that code relating to accommodating and not interfering with standard technical measures used to protect and identify copyright material“

This is only the first of several elements that address the part that the Guardian stated “TCYK says that it hired a “forensic computer analyst” to identify IP addresses of computers that were making the film available online“, that part is also needed for Sky Broadband to prove that limitations ‘a’ and ‘b’ were adhered to. For this we need to take a look to a case (mentioned below) where we see at [697] “The question whether a person has supplied the means with which copyright has been infringed raises its own difficult issues. The primary judge concluded that the BitTorrent system was the means by which the appellants’ copyright was infringed. But I cannot see why the means with which the primary infringers committed acts of infringement must be so narrowly defined. The primary infringers used computers which were no less essential to their infringing activities than was the BitTorrent system. The same is true of the internet connections with which they made the appellants’ films available online”

More important, at [505] we see “It follows that customers, by entry into the CRA, consented to iiNet disclosing and using information, including personal information as defined, for the purpose of iiNet administering and managing the services provided pursuant to the CRA. Part of that administration and management includes compliance with the CRA. In circumstances where iiNet has received evidence of breaches of its CRA (for example, cl 4.2(a) and (e)) the customer has necessarily consented to iiNet using information it possesses, including personal information, to determine whether to take action under cl 14.2 of the CRA“, which all comes from the case Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23, which means that Sky Broadband is going through the motions iiNet in Australia went through 4 years ago. This is important, because the customer relationship agreement is a legal scope that the customer agrees to, which allows for disclosure and more important, now looking at the ‘limitation on remedy’ or bluntly put ‘the massive amount of money TCYK will demand of Sky Broadband if they cannot satisfy conditions’ is where we see actions from Sky Broadband to disclose information.

In addition we need to see the satisfied part “Any transmission of copyright material in carrying out this activity must be initiated by or at the direction of a person other than the carriage service provider“, that part is given by the logs as the viewer did the ‘click here to watch full movie‘, basically that means that the user initiated the act. In addition, there is “The carriage service provider must not make substantive modifications to copyright material transmitted. This does not apply to modifications made as part of a technical process“, showing that whatever solution was used, Sky broadband passed through the information as part of what it is supposed to do as an ISP.

In the end, this will be a messy battle and there is one part that holds less water. It is the statement “Nicolas Chartier, the president of Voltage Pictures, told the Hollywood Reporter this year that he had issued 20,000 lawsuits against individuals accused of pirating the Hurt Locker in order to “make a statement”. “The day after we announced 20,000 lawsuits, the internet downloads of Hurt Locker went down about 40%”“, I am not sure if that will be the end this time, Hollywood has been clasping down in several ways. We see the 10 movies that make a billion, but the hundreds of others that aren’t slicing the cake are not in there, as such Hollywood is now lashing out all over Terra ‘non US’ and we see that it will hit Australia too, even more direct when the TPP becomes fact, at that point having a computer with logs pointing to it with irrefutable evidence might literally cost you your house. There is one side in the TPP that remains undiscussed, especially, as I personally see it behind the closed doors of the TPP negotiations. In all this America relies on fair use, in all this they are eager to criminalise that what is not criminal within the US, it makes for another case.

If we accept the following “Some historians prefer ‘slave’ because the term is familiar and shorter and it accurately reflects the inhumanity of slavery, with ‘person’ implying a degree of autonomy that slavery did not allow for“.

Now we convert that sentence into “Some politicians prefer ‘user’ because the term is familiar and shorter and it accurately reflects the chargeability of usage, with ‘US consumer’ implying a degree of freedom that users are not allowed to have” This is as I see it exactly the core and the broken foundation of the TPP, there is no fair use and there is no accountability on the other side, by all means the TPP ignores the constitutions of more than one nation. This was raised by Alan Morrison in The Atlantic on June 23rd 2015 (at http://www.theatlantic.com/politics/archive/2015/06/tpp-isds-constitution/396389/). The quote in question is “It is January 2017. The mayor of San Francisco signs a bill that will raise the minimum wage of all workers from $8 to $16 an hour effective July 1st. His lawyers assure him that neither federal nor California minimum wage laws forbid that and that it is fine under the U.S. Constitution. Then, a month later, a Vietnamese company that owns 15 restaurants in San Francisco files a lawsuit saying that the pay increase violates the “investor protection” provisions of the Trans-Pacific Partnership (TPP) agreement recently approved by Congress“, this is a situation that could be a reality.

You see, this relates to the case at hand in more than one way. In my view, TCYK has every right to protect its side, the movie it made and the revenue coming from that, so I am not against prosecuting copyright infringement at all. Yet, in all this the shift that TPP will allow for is a situation where ‘investor protection’ will bring a case which will be heard by three private arbitrators; the United States government is the sole defendant in that given scenario. More important, it will be a case brought by “investor-based expectations”, I think we can clearly see the link when we consider “Village Roadshow’s revenue and profits are below expectations, which was down 1.9% to $469.5 million for the six months to December. Net profit was lower by 26.2% to $13.34 million“, so in this case Village Roadshow blamed the weather, yet Village roadshow has blamed piracy on many occasions, so the moment we see a court case based on ‘investor-based expectations’, we should all become weary of this becoming an option the regain revenue from a mismanaged product (which is far-fetched but not out of the question).

So why these jumps?

  1. It might be a movie piracy case in the UK, but the result will hit Australia sooner rather than later and vice versa.
  2. Infringement is a growing ‘market’ and as such, especially in dire times, the industry at large wants to recoup parts of their losses due to infringement, yet will it truly hunt down the real perpetrators?
  3. Too many people rely on their ignorance and ‘they did not know’. This defence is now slowly but surely coming to an end, it is more and more an accepted rule that if you did not buy the article, or pay for it, how come you watched it?
  4. The TPP will change EVERYTHING! This closed door agreement is all about ‘indulging’ big business whilst big business is not playing the game fairly to begin with. In its core it can be seen as a discriminatory violation of ‘fair use’ and ‘constitutional values’.

In all this I jumped at Village Roadshow more than once. Personally I think that Graham Burke has been playing a lose rant game too often, whilst trying not to step on the toes of Telstra and Optus, but that might just be me! In addition, I have additional issues with Federal Attorney-General George Brandis regarding past events. This all links to an article last April in the Sydney Morning Herald (at http://www.smh.com.au/business/village-roadshow-wants-to-work-with-isps-instead-of-suing-movie-pirates-20150416-1mj8cd.html), where we see the quotes “The document centres on a “three strikes” system. An illegal downloader will get three warning notices before a Telco will help copyright holders identify them for potential legal action“, which sounds fine, yet in that part, if at any time the IP address was hijacked, there will not be any evidence absolving the accused person, so the one in court could be the victim in all this. In my view, this is a warped solution to the court case Village Roadshow lost against iiNet, meaning that other avenues need to be taken, which now reflects back to the UK case of Sky Broadband, which could hit Australian legislation. The next quote is “Federal Attorney-General George Brandis and Communications Minister Malcolm Turnbull set a 120-day deadline last December for internet service providers and entertainment companies to create a binding code“, which is indeed central but not in the way reported on. You see, Telstra and Optus are all about bandwidth, the more you use, the better the invoice from their point of view. This is part of the move we see all over the internet in the last article I wrote regarding the short-sightedness of Graham Burke, in the article ‘The real issue is here!‘ (at https://lawlordtobe.com/2014/06/17/the-real-issue-here/), which also reflected on the article ‘FACT on Piracy?‘ (at https://lawlordtobe.com/2014/01/03/fact-on-piracy/) from January 3rd 2014. These articles connect through ISP’s like Telstra and Optus who have been rescaling their bandwidth plans. The consequence of losing out on 4 billion a year. Now Telstra offers 50GB for $75 a month, smaller plans no longer exist, they have been pushing for new broadband boundaries so that their revenue is less impacted, so the impact of $40 and $80 a month is now decreased to an optional loss of $20 and $40 a month. It was (as I personally saw it) always about time and retrenching. It has been forever about big business! By the way, it is not just Telstra, others like iiNet have done the same thing, offering a new margin, reset to the width that has never been offered before. It is about rescaling the broadband plans, which results in resetting expectations and preparing for new data usage adherence.

You keep what you kill fits perfectly, it comes from the Riddick movies, which is basically the credo of a survivor, in this day and I agree, in this economy it is about lasting the longest and as such, they keep what they kill, which are the copyright infringers and their technologies. I do not oppose it, as I feel that owners of copyright are entitled to protect their assets. Yet, when we read Graham Burke we see “He said Australian film producers were trying to educate the public rather than sue them“, which might seem true enough, but behind that, I suspect, is the fear that if the Australian Copyright Act 1968 adds the ‘Fair Use’ principle, his education boat will sink on the spot, moreover, whatever US pressure we get from the TPP, gets drowned by Fair Use, because if it is good enough for Americans, it should be good enough for non-Americans too.

Last in all this is Matthew Deaner, executive director of Screen Producers Australia, who made a fair statement in the SMH article “They’re trying to say, ‘this is the right way to go about this stuff, this has a consequence to us’,” Mr Deaner said“, which we can get behind, yet the colourful rants by both Graham Burke and Sony executives on the utter non-realistic loss of billions is a consequence as well. By not properly and realistically setting the view, whilst, as I personally saw it, Sony executives were hiding behind excuses regarding missed targets that were never realistic to begin, which soured the milk of reality and reasonability.

Will this affect Australia?

Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 was settled in the High Court of Australia, yet the essential changes to copyright, the impact of the Trans Pacific Partnership (once signed) will also impact the future. The lack of a ‘fair use’ clause is as I see it an essential first step to protect those not engaged in active copyright infringement as well as allowing for innocuous acts not to be struck down in favour of big business in a draconian way. In all this, US corporations have relied on unfair advantages, whilst overcharging people all over the non-US in a massive way is just beyond belief.

Even now, example, ‘Ex Machina’ is in the US $17, in the UK $20 (both Amazon), which is already a 20% offset, a title which cannot be bought in Australia. The US has segmented commerce to maximise profits, whilst not giving fair options to consumers. The fact that they still enforce multiple region codes to limit fair consumer rights is also not addressed. This is in part what drives piracy. If Mr Burke is so about educating, how about Mr Burke educating the other side of the equation? With video games where price difference can go up to 100% in difference between the US and Australia, a consumer grievance that Federal Attorney-General George Brandis never bothered to properly address. When we consider the issue of price fixing we see “Price fixing occurs when competitors agree on pricing rather than competing against each other. In relation to price fixing, the Competition and Consumer Act refers to the ‘fixing, controlling or maintaining’ of prices“, in this we see a loaded gun of different proportions. You see, Agreements between related companies are also exempt from price fixing, yet, when this difference is set at 100%, whilst the firms place technological restrictions (region codes) on products, as well as denying fair competition, largely pushed by American corporations, where is the fairness in any trade agreement?

If a trade agreement is about removing trade barrier, in that regard, the region codes should be regarded as detrimental to trade, but the TPP is not about equality, it is about giving the power to big business and limiting the rights of consumers, which is why partially because of created limitations movies and videogames are not equally and honestly made available. So as we look at what some can buy more expensive and others cannot buy at all, Mr Burke should in part refrain from stating that ‘one leg is education’ the other is regarding ‘products being available at the same time as other countries’, it would make him instantly paraplegic. Unfairness is what drives infringement. This was shown in the 80’s in Europe in a very direct way as games, movies and music were so unbalanced that a $450 ferry ride to London (from Rotterdam) could pay itself back during one VHS shopping spree (not to mention the price difference in games).

That same principle applies here, so if this is truly about stopping infringement than the first step would have been consumer equality. Yet this is about the US maximising its profits, counteracting whatever ‘free’ trade is supposed to do, so copyright infringement is not going away any day soon, it will soon create new situations, all because those involved seem to be about abolishing what constitutes a fair user, which is why the TPP should never come into effect.

You keep what you kill

The question is, who gets killed in the end, because as more true illumination is given, the bigger the question mark we see on what propels infringement. If there is one real upside to all this, it will be evolution, it will not take long for someone to change the premise of the game and design a new peer to peer cloud solution that resets the legal playing field.

Strife has always been the number one innovator in both war and technology, that part has not and will not change.

 

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July 1, 2015 · 22:16

Prosecuting Facebook

As I was trying to complete a few legislative issues regarding Greece, I noticed that another part had been neglected for too long, so I decided to cut Greece in half (at least the story) and now take a look at the situation where Facebook might find itself getting prosecuted in the near future in more than one way.

This story started in the Netherlands. The story (at http://www.meuknieuws.nl/wraakpornofilmpje/) ‘Facebook loses lawsuit revenge porn movie Chantal‘. So what happened?

There is a girl named Chantal (now 21), who at one point gave oral sex to her boyfriend, and it got filmed (never a good idea). On January 22nd, through a fake account this movie was spread through Facebook, after which her life turned into a hell. Even though Facebook removed the movie, the damage was done and the movie got spread into all directions. Soon thereafter the fake account vanished. This is the act of revenge porn.

The case got a twist when all the data was removed after two weeks, the data was permanently deleted. Additional information in Dutch can be found here (at http://www.ad.nl/ad/nl/34821/Rivierenland/article/detail/4072928/2015/06/12/Facebook-gegevens-account-gewist.dhtml). The data was (according to Facebook) wiped. The Judge has ruled that Facebook must show diligence and present evidence that all options have been searched to find any data pertaining the crime. The judge also stated that if need be a third party has to be assigned to find and trace the information. Now we have two issues. One is to find the data of Chantal, the second is that the acts undertaken by Facebook could imply that Facebook could also be prosecuted at present.

Why?

Well, if we go through Common Law (Australia/UK) we see that in Australia the Crimes Act section 254 states:

Destruction of evidence

A person who knows that a document or other thing of any kind is, or is reasonably likely to be, required in evidence in a legal proceeding; and either

destroys or renders it illegible, undecipherable or incapable of identification; or expressly, tacitly or impliedly authorises or permits another person to destroy or conceal it or render it illegible, undecipherable or incapable of identification and that other person does so; and with the intention of preventing it from being used in evidence in a legal proceeding is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine or both. There could even be complications as the lady was less than 18 years old giving the case additional uneasy sides.

Ouch Mr Zuckerberg!

In addition, hiding in the US on this is not much help either, this is seen in California Penal code 135 (thanks to the site of Attorney Seppi Esfandi), the penal code states:

California Penal Code 135[1] makes it illegal to destroy or conceal any evidence, written or physical, that you know is relevant to either a criminal investigation or court case. The two elements of the crime are:

That you destroyed or concealed evidence that you knew was going to be used as part of the investigation.
That you destroyed or concealed the evidence wilfully.

Interestingly, he also states a few common legal defences. The first one is the application of the word ‘knowingly’, which already makes it hard for the Dutch party to progress, the second one if destruction was not successful, so if the information is found after the fact it becomes not an issue, because penal code 135 does not have any ‘attempting to commit a crime’ issues. They can only be processed if the deletion was a complete success.

So, in all fairness, my first message to Mr Zuckerberg is to call Seppi Esfandi for advice as the man has 13 years of experience regarding penal code 135.

Why is this still an issue?

Well consider the following sources: ‘Facebook keeps track of every message you type – even ones you don’t post’ (at http://bgr.com/2013/12/13/facebook-user-tracking-deleted-posts/), where we see the quote “Facebook isn’t keeping a database on all these non-posts’ contents, mind you — it’s simply keeping a record of all the data surrounding self-censored posts such as what time it was almost posted and whether it was set to be posted on a friend’s page or on the user’s own page. Kramer and Das say that Facebook wants to understand all the reasons that people decide against posting because the company “loses value from the lack of content generation” every time a would-be post gets the axe” This is a core need in social media data mining, with the specific quote “Facebook wants to understand all the reasons that people decide against posting” which implies that a post would also have records created with a league of meta data.

Then there is this quote ““So Facebook considers your thoughtful discretion about what to post as bad, because it withholds value from Facebook and from other users,” she writes. “Facebook monitors those unposted thoughts to better understand them, in order to build a system that minimizes this deliberate behaviour”“, which we got from http://www.slate.com/articles/technology/future_tense/2013/12/facebook_self_censorship_what_happens_to_the_posts_you_don_t_publish.html. So in anyone deleted the post, there would have been a record.

This is part one!

Now for the next part. This part is seen in ‘Turns out ‘delete’ doesn’t quite mean the same thing to Facebook as it does to you‘ (at http://www.digitaltrends.com/social-media/deleting-facebook-posts-fail/). Here we see the quote “New evidence suggests that Facebook might not really be deleting the posts you think you’re getting rid of. In fact, sometimes these deleted Facebook posts are reappearing“. So if that is the case, than we have two tiered evidence. If these messages are remaining, it implies that there was a record, which also means that if the movie and its metadata has been deleted permanently, Facebook could be facing California Penal Code 135, as well as the issue in several nations where such events have been happening, the only part Facebook could truly hope for is that it is all settled in the US, as it becomes a 6 months versus a 5 year stretch in Hotel Iron Bar.

Even if the case cannot stick, Facebook will now feel the marketing pressure and condemnation that it unknowingly assisted in the transgressors of revenge porn to remain non-prosecutable. So even as US legislation is still trying to make heads and tails of the act from Rep. Jackie Speier, the fact that it is law in some nations cannot be ignored by a global company like Facebook, in addition, the fact that all traces are claimed to have been wiped is further cause for concern.

The question now becomes: is Facebook in danger of getting prosecuted?

That question becomes even harder to answer when we go back to the Digital Trends article where we see: “We reached out to Facebook about the issue, whose representative only pointed out Facebook’s Terms and Conditions page, and highlighted the fact that that when you actually delete content on Facebook, it only goes away if it’s permanently deleted – which is tricky. The problem with permanently deleting anything on Facebook is the fact that nothing is actually seemingly deleted. Just simply “deleting” content stores the content to a backup Facebook drive temporarily. As Facebook puts it: “Some of this information is permanently deleted from our servers; however, some things can only be deleted when you permanently delete your account”“.

That was exactly what happened, yet can there be verification on whether the user deleted it, or whether Facebook removed the user? That part is not clearly given (as far as I could tell). Yet, the issue of truly delete photos/videos on Facebook was never truly achieved until 2012, which means that the video in question was no longer there, yet the fact that no separate log of uploads was maintained in some way remains an interesting mystery, especially in the light of this legal case. In addition, some logging of the original account should also have been kept, again, interesting that this was not done. In an age where 4 Terabyte can be bought for a mere $250 dollars adds to the confusion of why not keeping this logging data, especially as mined data is the bread and butter of Facebook!

This case calls for several questions, the Lady named Chantal might never get a clear answer, yet that should not prevent legislation from taking a long hard look at social media, especially in the age of lone wolf terrorism, because next time it might not be a lady in ‘Bee Jay’ mode, it could be an extremist showing the combination of 4 chemical compounds, which according to Matthew Meselson, a Harvard biochemist is extremely easy, the fact that this could kill a boatload of people makes the dangers of social media a lot more intense, when that media starts to wipe overwrite, not delete) data of inconvenience, the world could find out the hard way on just how dangerous social media could be.

Revenge Porn has been deemed criminal in several states, although they are usually treated as misdemeanors (until the bill by Rep. Jackie Speier gets passed), the case in the Netherlands gives us an uncomfortable truth and that truth is that Facebook seems to be lacking in keeping some victims safe, because the logged logging data could have achieved that very thing.

To state it clear in the end, Facebook is very likely not guilty. I will not state innocent, because certain data, even for mere mining statistics could have remained with Facebook, whilst not breaching any privacy, enough data to give assistance to digital forensics to aid Chantal in her plight.

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June 30, 2015 · 11:33

Lack of vision

It is nice to see something else than the collapse of Greece, ISIS in Tunisia or one or two other things that have covered the front page in the last few days. Although the abuse I got from my statement “Greece is no longer for billionaires, many multi-millionaires can now afford to buy that country” has been hilarious. You see, it is all about vision. I foresaw some of the issues now in play months ago, I can also see the events as some of the status quo players are panicking as they need a solution, or lose a lot more than they bargained for. All that is almost a given. The media is looking at ‘sexy’ articles from economists on how austerity is wrong, but none of them are looking at the accountability a nation has, whilst not keeping its budgets in order is equally hilarious.

You see, the status quo people are all about continuation of THEIR needs.

This all links to the article ‘Twitter to co-founder Jack Dorsey: ‘We don’t want you’‘ (at http://www.theguardian.com/technology/2015/jun/22/twitter-dont-want-jack-dorsey), it is a week old now, but for some reason it had escaped my view. It is a decent article by Alex Hern, not just because of the way he wrote it, but the consideration given in there gives us another view that is the consequence of ‘lack of vision’.

In the article we get the quote “The Committee will only consider candidates for recommendation to the full Board who are in a position to make a full-time commitment to Twitter”. This is an interesting quote to have from a board, especially as Jack Dorsey is one of the co-founders of Twitter. The wiki quote “The first Twitter prototype, developed by Dorsey and contractor Florian Weber” gives us another insight. Jack boy was at the heart of the birth of Twitter and this board is now stating that they rather have a full time commitment person. So as Jack is not the person they want, let’s take a look at the vision that Jack build.

Because of an issue one of Jacks friends had, he came up with another idea in 2008, it founded a company called Square. Even though Square is not doing too well, I personally think that this could be turned around. In my personal view competitors of Square have been having a go at this, because of the threat they feel. Square is a sound idea, I reckon it has a decent future if someone with international Gravitas (read: massive brass balls/boobs) gets involved. Even though Business insider has been a little too kind on Jack Dorsey (comparing him to Steve Jobs is a little bit of a stretch), it is clear that this man has vision.

In my view the quote “According to Nick Bilton, author of Hatching Twitter, that first ouster came because he didn’t spend enough time in the office, leaving work “around 6pm for drawing classes, hot yoga sessions and a course at a local fashion school”. “You can either be a dressmaker or the CEO of Twitter,” the company’s co-founder and Dorsey’s successor as chief executive, Evan Williams, reportedly told him, “but you can’t be both.””

On one side there is the idea that the speaker has a point, the other part is that the speaker needs to be a civil servant and not much more. This would reflect on Peter Currie, the chair of the committee, it seems that he was, or he knows where that quote came from, whilst he is identifying a permanent CEO, he seems to be missing the point. Being a 60 hours a week workaholic does not make the quality of work better. It just gives you grey hairs a lot faster, without the benefit of yummy moments whilst they changed colour.

You see, Jack Dorsey is one of those people who needs the additional things like hot yoga and additional fashion lessons because his next idea could be just one course away. One simple conversation, an interaction with for example a nurse trying to fathom the hammock for her little girl and jack could suddenly get that next golden idea, which is likely to benefit both Square and Twitter. For those board members (read: Evan Williams), let’s not forget that some people get their golden idea’s in other ways. It seems to me that from what I have seen, Jack Dorsey and Evan Williams are opposites to a larger extent. If Jack Dorsey is seen as another Steve Jobs, than Evan Williams should be seen as the next Bill Gates. They are totally opposite and whilst the board is trying to figure out which alpha designer they should side with, it might not be a bad idea to find a way to make it work with both. Having two visionaries in your flock is beyond extremely rare. I personally side with the Jack Dorsey’s. I have no business pattern no set discipline, other than my dedication to get the job done. Beyond that my mind wanders on other venues, trying to solve that next puzzle. In that view I saw that hiring specific people for Square could solve their customer service part. Consider the quote from Gigaom (at https://gigaom.com/2009/12/01/jack-dorsey-on-square-why-it-is-disruptive/) “My view is that Square (or something like Square) is going to disrupt the businesses of companies such as VeriFone and Symbol, a division of Motorola that makes point-of-sale devices. Verifone makes a $900 wireless credit card terminal vs. Square, which runs on a $299 iPod touch“.  Yes, this 2009 quote is industrious in shape, size and concern. Whilst places like Verifone are sitting on a business model that does work, Square revolutionised the idea overnight, basically, small business owners would have a tread stone of growth whilst avoiding all kinds of initial investments. Square is that golden idea the interaction of technology and innovation. That is at the heart of vision, how to make it all work differently!

What will be the next vision?

Consider these quotes: ‘People Want Safe Communications, Not Usable Cryptography‘ and ‘76 percent of consumers were not very satisfied with technology’s ability to make their lives simpler‘. There is a market, its consumer base is greying and they need a simpler solution that gives them access without heartburn of an instant stroke after a dozen error messages. The need for simple interface software, but with a range of options is a desire for literally the young and the old. The young because they don’t comprehend, the old because they don’t want the hassle. In all this, markets that are reason for powerful growth and Twitter is in the thick of it. Which means having both Jack Dorsey and Evan Williams is a good thing. If the G-spot of financial advisors is a growing customer base, than the revolution of both Jack Dorsey and Evan Williams, could spell an age of loads of financial orgasms, so as we cater to an evolving mass of people, one cannot have too many visionaries in one building. In all this there is the hardware that changes and the software that grows, whilst the media remains hungry. In all this, vision is the key to unlocking the universe where we live in.

So when we see the quote “Project Lightning is one: the new feature sees Twitter taking an active editorial role during live events, seeking out the best content both on and off the network and embedding it in a dedicated section of the social network’s app“, with the mentioned similarity to Snapchat’s Live Stories, we have to consider that Twitter is now entering an iterative state where it follows ‘other peoples visions‘ to grow its base, in all this I state that catering to the eccentricities of both Jack Dorsey and Evan Williams might be the solution to come up with something new, making Snapchat follow the new Twitter ideas, not the other way round.

So in this we see the need for vision, not to applaud the lack of it.

This we see in the article ‘How same-sex marriage could ruin civilisation’ (at http://www.theguardian.com/science/brain-flapping/2015/jun/29/same-sex-marriage-ruin-civilisation-science), please do not worry, there is a link in all this!

Let me start saying that as a Christian, I do not care! I think any person should find the happiness that they feel they deserve, if that is in a same gender relationship, than that is just fine with me. Finding happiness is already rare enough, having it denied is just utterly counterproductive. You see, someone Facebooked Leviticus 20:13 the other day “If there is a man who lies with a male, he should be stoned“, the fact that the US legalised marijuana the same time it legalised gay marriage is just slightly hilarious when you consider Leviticus. It is all about looking differently at things.

Which is not the view the Guardian article had by the way. Now we get the quotes “Constant exposure to rainbows could mean people can’t see colours as well, and this could be disastrous. How will they know when to stop or go at a traffic light? Or which wire to cut when defusing a bomb?“, which some would call ludicrous, because we can always appreciate colours, only the colour-blind have a predicament, so they will not pass military service requirement, which means they will never defuse a bomb, as for the traffic lights, they can see when the top, the middle of the bottom light is on, which means there is no impact on that either, a science article loaded with half-baked truths and inconsequential arguments. This is how we should see some boards of directors. Their fear of requiring a status quo is now possibly hindering progress.

We need to move forward by innovation, by doing something different, because stimulating the brain is the cornerstone of innovation. For people like Evan Williams, it seems to be narrowly focussing on something related, which is fair enough, for some people that makes a difference, for people like Steve Jobs and Jack Dorsey it is to get exposed to a field of events as wide as possible. It is not entirely unlikely that Jack will attend a course in Biomathematics only to come up with a new biometrics concept that will ensure data security for the next generation. All missed because a board of directors has an issue with what they called ‘dress making’.

You see, I find their stance slightly offensive, it is for that same reason I have been so harsh on Ubisoft. After it made its billion, it moved deeper into business models, which is a bad thought, I understand it from a business point of view, yet consider that video games are art. A business model will decrease the chance of failure, yet in my view it equally destroys the option of ‘exceptional’, the line between ‘genius’ and ‘murky’ is pretty thin. I listened for too long to corporate short-sightedness only to realise too late that they were clueless to begin with. People fixed on PowerPoint presentation de-evolving from ‘status quo’ to ‘getting by’.

And my evidence? Ubisoft has not produced any revolutionary game with a 90% plus rating (truly revolutionary games, not what their marketing calls revolutionary) for some time. The next evolution in games is mostly coming from the independent scene, those pushing forward on their own, remoulding a view and bringing true originality. Examples of this view is Mojang (Minecraft), Campo Santo (Firewatch), The Chinese Room (Everybody’s Gone to the Rapture) and Hello Games (No Man’s Sky), there are more, the larger players have been slacking in titles and in quality of games. They forgot to take a leap of faith, whilst relying on business models.

We see this more and more, considering that Elder Scrolls online has had massive delays, than the PS4 community gets “it’s even worse considering some cannot play on the games release date“, which is after a year delay. I came up with a sequel to Skyrim early 2014, no online, no multiplayer, just an option to make millions of gamers happy. It took me three hours to get the first idea, a few more hours to put part of this to paper. In addition, I randomly designed a new game in my head, no business model can correct for this. Is that it? No, I came up with a new concept for the game developing of RPG games. It remains in my head because I am a decent database programmer (as well as data cleaner and so on), but I am not really a programmer, which gives me a slight disadvantage. I will work it out sooner or later (likely later as I am finishing a law degree).

So I feel for Jack Dorsey and I am on his side. In the end, Jack will come up with another golden idea which will bring him millions, I hope he does that. That board of directors is another matter, these people seem to get the quorum to hold on to status quo and they will also have a person to blame when issues go south. This is at the core of my resentment of ‘the business model’ in the field of creation. It depends on what was and cannot truly value that what has not been made yet.

It is a lack of vision that drives us into extinction, not time. Because time makes us old, vision makes us wise.

 

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June 22, 2015 · 23:57

The News shows its limit of English

It was Sky News that showed a dangerous escalation as per next year if the Conservatives do not change certain parts of their immigration plan. Even though this is now all over the news, the BBC reported this in Feb 2012, it is only that this administration will now be confronted with it. So could this government have made such a blunder?

It is the Guardian that produced the most disturbing quote (at http://www.theguardian.com/society/2015/jun/22/new-immigration-rules-cost-nhs-millions-nursing), stating “Employers have had since 2011 to prepare for the possibility their non-EEA workers may not meet the required salary threshold to remain in the UK permanently.”, as I see it, that quote boils down to “You have 4 years to get rid of them, or get them nationalised“, which is saying a bit much!

Yet, when I look at the immigration rules appendix i (final) i see the following at section 245HF

At (d)(ii)(1) it states:

(1) At or above the appropriate rate for the job, as stated in the Codes of Practice in Appendix J, or

After which we get the 35,000 pound issue, so when we look at appendix J (at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420539/20150406_immigration_rules_appendix_j_final.pdf) we see the following: on page 18 and 19 we see category 2231 Nurses (the appendices are attached to the story).

So the question becomes, what were the papers making noise about? Sky News, the Guardian, Daily Mail, et al. Is it me, or are they just starting a needless panic?

Section I (at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420536/20150406_immigration_rules_appendix_i_final.pdf) states: “Pay requirements which the Secretary of State intends to apply to applications for indefinite leave to remain from Tier 2 (General) and Tier 2 (Sportspersons) migrants made on or after 6 April 2016”

Then on page 2 we clearly see the issues reported.

Let’s go by the booklet:

  • First (a) no unspent convictions (so no criminals, makes sense….yes?)
  • Second (b) no general grounds for refusal and no illegal entrant (again, makes perfect sense)
  • Third (c) have spent 5 years lawfully in the UK, which was always a requirement, and in any combination of the following:
    As a tier one migrant, excluding the Post Study work, or the Graduate entrepreneur.
    As a tier 2 migrant (general migrant); the bulk of all nurses will be a tier 2 migrant.
  • Then this person also needs a letter from the sponsor (their boss) that they still require the applicant (basically that this person has a job, which as a nurse is pretty much a given).
  • In addition to this that the applying migrant is paid at or above the Codes of Practice in Appendix J, which gets us to the other appendix (J) which clearly states that a nurse does not need to make 35,000 pounds.

So can anyone tell me why these papers were not read correctly by the writers of the stories (or their editors for that matter)?

The paper clearly indicates that this is the situation with all nurses for 2016. So why are these publications stirring panic amongst the nurses?

Perhaps the journalists are not British citizens and they failed provision 245HF (f), where it states: “The applicant must have sufficient knowledge of the English language”

OK, that was a mean statement to make, but in this day and age where doctors and nurses are nervous enough, adding silly levels of stress are just a little bit too silly for words in my slightly less humble opinion (just for today).

On the other hand, if there are new revisions and I was unaware of them (basically I had not found them at the GOV.UK site), I will be eating humble pie and upgrading this story as soon as I am aware of it.

20150406_immigration_rules_appendix_i_final

20150406_immigration_rules_appendix_j_final

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June 5, 2015 · 20:58

In reference to the router

Is this a case of Mythopoeia? Am I the JRR Tolkien of bloggers (I wish) and writer of facts by a non-journalist? It might be. You see, this is all about a mythological theme that is constant as war is, because war never changes! Its concept and construct is as old as the first ‘soldier’ who combined a flint and a stick and started to spear people. In this mindset it is all about the other person, an archaic approach to the issue that does not lie beneath, it’s in front of the person not seeing what is right in front of him/her.

It is also the first evidence that we consider the concept ‘old soldier never die, they simply fade away’ to be no longer a genuine consideration. In this day and age, the old soldier gets his/her references deleted from the database of considerations. We remain with nothing more than an old person that cannot connect or interact, the router won’t let him/her!

This is how it begins, this is about certain events that just occurred, but I will specify this momentarily, you see, it goes back to an issue that Sony remembers rather well they got hacked. It was a long and hard task to get into that place Login=BigBossKazuoHirai; Password=WhereDreamsComeTrue;

Soon thereafter no more firewall, no more routers, just the bliss of cloud servers and data, so much data! The people behind it were clever, and soon it was gone and the blame fell to the one nation that does not even have the bandwidth to get 10% past anything. Yes, North Korea got blamed and got fingered and in all that the FBI and other spokespeople gave the notion that it was North Korea. The people who understand the world of data know better, it was the only player less then least likely to get it done, the knowhow and the infrastructure just isn’t there. I did have a theory on how it was done and I published that on February 8th 2015 (at https://lawlordtobe.com/2015/02/08/the-next-cyber-wave/) in the article called ‘The next cyber wave’. It is only a theory, but it is a lot more reliable and likely than a North Korean incursion because of a movie no one cares about.

The FBI has plenty of achievements (FIFA being the latest one), but within the FBI there is a weakness, not a failing, but a weakness. Because the US has such a niche setup for NSA, CIA and other Intel officers, their offices are for the most still archaic when it come to the digital era. They go to all the events, spend millions on courses and keep up to date, but for the most, these people are following a wave that is one generation old, they follow, they do not lead. The entire Edward Snowden issue is clear evidence. I remain to regard him a joke, not a hacker, so far he is just placed on a pedestal by the press, who have created something unreal and whatever they do not to change it, it will only cut themselves. That is the fall-back of creating an artificial hero who isn’t one.

Yet, this is not about Snowden, he is only an element. Now we get to the concept of paleo-philosophy and how it hits government structures behind IT. This all started yesterday (at http://www.theguardian.com/technology/2015/jun/04/us-government-massive-data-breach-employee-records-security-clearances), where we see ‘OPM hack: China blamed for massive breach of US government data’. Now first of all, if one power can do this, than it is China! France, UK and a few others can do it too, but let’s just assume it is not an ally! Here is where the entire paleo-philosophy comes into play. You see, even though war remained constant, the players changed and for the most, it is no longer about governments. This is all about corporations. Even the movies are catching on, there is no true side to Russia or China as the enemy. Yes, their students might do it to impress their superiors/professors, but that would just be there defining moment. Ethan Hunt is not hunting a nation, it is now hunting conglomerates, large players who remain and require to be zero percent taxable. Those are the actual ream enemies for the UK, the US and China. You see, I am not stating it was not China, I am only questioning the reasoning and other acts. You see, I tried to get an answer from State Secretary John Kerry at +1-202-647-9572, who does not seem to be answering the phone, neither is his right hand man, Jonathan J. Finer at +1-7234 202-647-8633. This is not a secret, the State Department has the PDF with office numbers, locations and phone numbers in an open PDF and you can Google the little sucker! In the age where loads of stuff is open the right person can combine tonnes of data in a moment’s notice.

So can the larger players! The quote in the beginning is the kicker “the impact of a massive data breach involving the agency that handles security clearances and US government employee records“, you see loads of this information is already with intelligence parts and counter parts. I reckon Beijing and Moscow had updated the records within the hour that the next record keeper moved into the office. Yet, now in 2015, as the engine starts up for the presidential elections of 2016, that data is important to plenty of non-governments, that part is not seen anywhere is it?

Then we get “A US law enforcement source told the Reuters news agency on Thursday night that a ‘foreign entity or government’ was believed to be behind the attack“, which is fair enough, so how was the jump made to China? You see, only 5 weeks ago, the Financial Review gave us “US Treasury pressures Tony Abbott to drop ‘Google tax’” (at http://www.afr.com/news/policy/tax/us-treasury-pressures-tony-abbott-to-drop-google-tax-20150428-1mu2sg). So as the Obama administration ‘vowed’ to crackdown on Tax avoidance, they are really not the player who wants to do anything to upset those luscious donators of pieces of currency paper (loads of currency paper), so a mere 6 months later the US, is trying to undo what they promised, whilst still trying to push the TPP papers through the throats of consumers everywhere, what an interesting web we weave!

You see, for the large corporation that list of who has access to papers, and his/her situation is worth gold today, for the Chinese a lot less so. Yet, I am not writing China off as a possible culprit! Let’s face it, they are not North Korea, which means that they do not need to power their router with a Philips 7424 Generator! So at this point, I would tend to agree with Chinese foreign ministry spokesman Hong Lei who branded the accusations “irresponsible and unscientific” at a news briefing on Friday.

Now we get to the quote that is central to the entire paleo-philosophy matters: “DHS is continuing to monitor federal networks for any suspicious activity and is working aggressively with the affected agencies to conduct investigative analysis to assess the extent of this alleged intrusion”, first of all, I am not having a go at the DHS. I have done so in the past with good reason, but this is not that case. I think that in many areas government in not just falling behind, it started to fall behind in 2005 and has been falling behind ever since. Not just them though, organised large corporations like Sony, CVS Health, Valero Energy and Express Scripts Holding are only a few of the corporations that do not even realise the predicament they are in. The Deep Web is not just a place or a community, some of the players there have been organising and have been sharing and evolving that what they know. A massive pool of information, because Data is money, governments know it, corporation know it and THE HACKERS know it too. For them it is all relative easy, they have been living and walking the cloud data with the greatest of ease they can conflict data points and flood certain shared data hosts, only to achieve to get behind the corridor and remain invisible whilst the data is available at their leisure. In that environment the intelligence community is still trying to catch up with the basics (compared to where the hackers are). You see, whilst people in corporations and government are all about politics, those hackers were bout mayhem and anarchy, now they are figuring out that these skills get them a wealthy and luxurious lifestyle and they like the idea of not having a degree whilst owning most of Malibu Drive, a 21st century Point Break, where the funds allow them to party all the time. Corporations got them into that thinking mode. So were the culprits ‘merely’ hackers or was it a foreign government? That is the question I am unable to answer with facts, but to point at China being likely is event less assuring. Consider who gains power with that data? This much data can be up for sale, it can be utilised. In the premise of both, China is not unlikely, but what is ‘more likely than not’ is also a matter, even though that question is less easily answered and without evidence (I have none) any answer should not be regarded as reliable!

Now we get to the quote “Embassy spokesman Zhu Haiquan said China had made great efforts to combat cyberattacks and that tracking such events conducted across borders was difficult” it is correct, it matters and it is to the point. In addition, we must accept that trackers can also be set on the wrong path, it is not easy, but it can be done, both the hackers and China have skills there, as do the NSA and GCHQ. Yet, in all that, with the Sony hack still fresh in memory, who did it, which is the interesting question, but WHY is more interesting. We tend to focus on clearances here, but what else was there? What if the OPM has health details? What is the value of health risk analyses of 4 million people? At $10 a month that is a quick and easy half a billion isn’t it?

You see, the final part is seen here: “DHS is continuing to monitor federal networks for any suspicious activity and is working aggressively with the affected agencies to conduct investigative analysis to assess the extent of this alleged intrusion”, This is to be expected, but the intruders know this too, so how did they get past it all again? That is the issue, I gave in my earlier blog one possible solution, but that could only be done through the inside person, to be clear of that, someone did a similar thing in the cloud, or in the stream of data, in a way that it does not show. Perhaps a mere pressure of data in a shared cloud point is all it took to get past the security. How many data packages are lost? what intel is gained from there, perhaps it is just a pure replication of packages job, there is no proper way to monitor data in transit, not in cloudy conditions, so as we see that more data is ‘breached’ we all must wonder what the data holders, both government and non-government are not ready for. It is the data of you and me that gets ‘sold’ who does it get sold to?

So as we see an article of a data hack and a photo of routers and wiring, which looks geeky and techy, was this in reference to the router? Or perhaps it is in reference to a reality many in charge are not ready to face any day soon, and in light of the upcoming US elections of 2016, some of these politicians definitely do not want to face it before 2017. Like the Google Tax, let the next person fix it!

A preferred political approach that will allow them to lose exclusivity of your data real fast!

 

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June 3, 2015 · 19:18

Dr Temp MD

It did not take too long for things to get outspoken, the elections are gone, Greece is against the wall making all kinds of claims regarding Blackmail and creditors and the NHS issues are also waking up. Actually, it is the Health Secretary that is waking up. Actually, that is a little too unkind. Jeremy Hunt was not asleep, let’s just state that the elections slowed issues until the ‘after’ election moment. That moment is now!

I have kept my eye on the NHS issues that play. The NHS IT, which partially collapsed the NHS due to 11.2 billion under labour, which impacted all sides of the NHS, yet it is not all political, the NHS has many sides that do need addressing. It was not their fault, I am not laying blame here, but the pressure that the NHS gets from binge drinking must stop!

If we go by the BBC (at http://www.bbc.com/news/health-32418122), we might see that a detox centre is saving millions, which sounds nice in theory, yet the problem is not the saved millions, it is the £3.8bn a year that is a concern, a worry and the NHS can no longer afford it. So we can go two ways, we can shift the problem with drunk tanks like in ‘the good old days‘, which suits me just fine, and if you have enough money to pay for private treatment, that that is fine too, yet here we see a debatable injustice, should the rich be non-accountable? Do we approach this from a ‘if you can afford it, fine!‘ which amounts to the same. When we see statistics that 1 in 3 for A&E is alcohol related, than there is a clear issue, if there is the additional pressure that the weekend gives up to 70% of the cases which are alcohol based, we have an issue.

There are of course other means, three strikes in the weekend and your academic options are forfeit, it is an option, but will it actually make a difference? The article also has a worrying side, the quote “as much as 50% of the patients [that we see], were not open to any services and some of them had never been seen by alcohol services before“, in that quote Dr Chris Daly is illustrating that the drinking population is changing, which makes for an uncomfortable truth, is it truly alcoholism, or escapism from austerity and bad economy? It makes all the difference, but the NHS is still getting hit, so it is time to seek alternative solutions, but where to go? You see, many solutions is about shifting blame and responsibility. In my case it is about shifting responsibility and in my view, the responsibility is given to he/she who drinks! They get the bill or go into the drunk tank. My view has not unique, I did not know this last year when I championed the idea, it seems that in 2013, the Association of Chief Police Officers (ACPO for short) coined that same idea, those who get thrown in are fined and that pays for the upkeep. The ACPO is now getting replaced by the NPCC (National Police Chiefs’ Council).

I know that there are issues and it is not the best solution, but in a perfect world, the large corporations would not be ‘screwing over’ the nations it is draining of income and as such, the tax coffers could have paid for it all, but that is not the case at present. When a trillion in commerce is taxed at less than 1%, any government comes up short and that is exactly where the UK is now and changes, drastic ones will need to be made. If the pressure of 1,000,000 patients goes away, staff will be under less pressure, £3,500 per shift doctors become less on an issue, which saves additional coin and the NHS can than better be reassessed. The problems of the NHS will not be gone, but the £2Bn gap it faced as was stated on the BBC in June 2014 would suddenly drop to almost zero. How is that for a good idea? Now if we can find a few options for generic medicine by cooperating stronger with India and the NHS will suddenly show signs of life again. Now, there is every chance that people will object. They will mention that there are medical risks and I agree, but guess what, the ‘adult’ who thought he could quickly have 15 pints was supposed to be an adult, now he/she gets to see the consequence of this choice. Should the patient ‘pass away’ than we could also see a drop in rental pressure, which helps more people, and possibly another job opens up, lowering unemployment rates further. Now, if you think that this is over the top, than I will not disagree, but my side states, ‘well, stop them from binge drinking!’ It might seem hard, but dying solves everything!

Hey, that could make for a nice health care advertisement.

The doctor walks into the waiting room, states “I apologise, your … passed away”, “I have a cousin who is very interested in the apartment, and we gave his job details to our janitor, he thought it was a cool job, I heard he starts on Monday!”

Then it fades out and we see the slogan “Alcohol kills!” and under it we see “your apartment and job were filled quite quickly! Only your mother/spouse will possibly miss you”, is that not a killer advertisement?

No, it is not! But it seems that being soft around this subject is not solving anything either, that part has been proven for some time now. I think I know what you will state next. ‘It will be about the alcoholics and their mental health!’ This could be valid, yet some studies show that binge drinking is for over 70% associated with the premise that it is ‘really fun’. Most doctors and nurses disagree and they are NOT laughing!

So, even though I feel that it is not fair on the population at large, the NHS can no longer facilitate any of it. There is a small shimmer of hope, consider that the drunk tank comes with a £150 fee to get out, that invoice should be scary enough, because there will be no more money for food, rent and a few other things, which will reset the focus of such a person. Perhaps once is all they need to get a grip on the consequences, apart from looking like ‘road kill’ and smell like nothing anyone want to be next to, so that person will hopefully sober up, has to walk home and will have no other options for a little while. I personally am not convinced it would work, but if the binge drinking group is lowered by a mere 5%, we would see massive savings, deep into the millions, which opens up the debate, is it worth the risk? I would say: “look at Greece, inaction has now pretty much made them slaves to the creditors for the next 5 generations”, as binge drinking is self-inflicted, I would go for the yes vote, but in all this there is another side, how are they able to get into the binge drinking habit? There are a few options that comes to mind, but this is not about binge drinking, this is about the NHS.

Alcoholism and drugs are only a few factors, the NHS has a massive problem which for one part was addressed in the article.

We now get to the issue that is hard to oppose (but I will try). The quote “Dr Mark Porter, chairman of the British Medical Association, said the NHS’s greater reliance on agency staff “is a sign of stress on the system and the result of poor workforce planning by government”“. Is that entirely true? I think that there is a hidden non-mentioned fact here. The NHS stresses have been an issue for a longer time and yes, there are issues, but let’s go over all this. Simon Stevens is the government CEO now (that title never stops making me chuckle), before that it was David Nicholson and before that it was Lord Nigel Crisp. I want to step over all the scandals as they are just getting in the way of the issues. You see, the entire chuckling bit is an issue. It is hilarious to see a political appointed CEO, I personally believe that it is a recipe for disaster with a 100% chance of leaving a sour taste in the mouth, one way or another! It needs to get a more commercial appointment with a new board, a board of executive advisors, one political, one financial and a few medical advisors. It would be great if the CEO is a medic, but the UK is short of them already, pushing them to a governing desk is not really a solution, which of course is a little shoulder thump to Dr Mark Porter (with the friendliest intention). Of course, the quote by Shadow minister Andy Burnham is equally entertaining “mistakes by the Conservatives had led to the expanded use of agency staff“, which sounds a little over the top as the staff issues would be resolved by an IT overhaul, which Labour fumbled whilst spending over 11 billion, so that solution did not pan out and now, the conservatives are still fixing the mess. In addition, the statistics show a sheer increase of costs. In the term of Labour 1997 – 2010, the costs for the NHS doubled. The earlier mentioned IT failure being a chunk of it. Before Labour the hospital services represented 4.9%, whilst by 2010 it had grown to 21%, which is like 400% more. Yet, be careful and do not just blatantly accept my numbers either! My source (at http://sticerd.lse.ac.uk/dps/case/spcc/wp02.pdf) has a few issues, and there is a lack of clarity on reasons here. However, pharmaceutical services went down from 43.5 to 39.8 and even in 2010 to 31.8, which is good, but the history of generic pharmaceuticals is not clear in this regard, which is reliant on the ending of patents. Dental services has a fluctuation around 5%, so there does not seem to be a lot of options here. Yet, we must give clear admittance that there are elements that Labour could not foresee. The NHS costs went from 6.6% of GDP in 1997 to 9.6% in 2010, which happens when people grow old and do not die, they require treatment. The adjusted GDP was £279Bn in Q1 1997, £373Bn in Q4 2010, which means that the shift is a lot more than 3%, it is an additional £11Bn on top of the 3% shift. That shift in this ‘greying’ population will only get stronger. I am all for giving them the best care, they did their job. Which made me look at the drunk tank for those who have not done anything yet.

Yet, there is also other evidence. One part is found in the Public expenditure on health and care services (at http://www.publications.parliament.uk/pa/cm201213/cmselect/cmhealth/651/651.pdf). On page 35 we see “The evidence presented to the Committee demonstrates that the measures currently being used to respond to the Nicholson Challenge too often represent short-term fixes rather than the long-term transformations which the service needs“. I do not disagree with that statement, yet the commercial side remains an issue. Sir David Nicholson needed to cut 20 billion, or more. The Nicholson challenge was there to (attempt to) achieve this. When we see the political side whinge left, right and decently less from the centre, we need to accept that they are not paying the bills, when was there an agreement on both sides on how much the NHS was allowed to cost? Drastic cutbacks were the challenge and I am not stating that it was a great or the right solution, but it was close to the only solution. By the way, these cutbacks got started under the previous administration, headed by none other than Andy Burnham, so as he is stating issues with agency staff, I need to voice ‘howls of deriving laughter!’ it amounts to this blogger calling MP Andy Burnham a dunsel. You signed off on the need to cut back, you now do not get to steer the conversation in that manner Mr Burnham! The additional quote in his name is “Andy Burnham, the shadow health secretary, has further complicated the picture by suggesting a reformed NHS may need less than £8bn“, in what universe? After we dehydrate the drunks and drown the elderly? The mere increase in needed funds over the term 1997 – 2010 is an adjusted £11 billion that is just the increase, not including the required amount, which was already £18 billion in 1997. If I was a mean man I would point out to Mr Burnham that Excel does not treat the mean and the sum function in the same manner. So the sum over 4 years is not the same as the average per year per 4 year term. As stated, I am not a mean (not the same as average) person, so I will not say that to Andy Burnham MP for Liverpool. However, we need to be fair, Liverpool has its share of famous people, but perhaps no famous science people? In music there are the Beatles, in comedy there is John Bishop, there are actors, writers, but perhaps not any math people? Ah Darn, the famous John Horton, who came with the Combinatorial Game Theory (CGT) as well as revelations in Quantum mechanics. Mr Burnham, you should have known better!

Back to the NHS issue we go!

You see, it is in its most basic concept a simple equation BUDGET = SUM(COST1,COST2,,,COSTn); budget is known and for a while budget had to go down, which implies (using the word ‘means’ here might be confusing) that costs MUST go down. The biggest ones are usually location, maintenance and personnel. Location can usually not be tempered with, maintenance can be looked at, but with too much specialist equipment in NHS locations, there is not too much you can do and these devices usually come with a servicing fee that is not the cheapest one and with 20 devices you are usually looking at 15+ contracts. There are more devices and parts that fall under maintenance, yet there tends to be minimal movement here, so personnel remains. It is not fair, I completely agree, yet the list tends to be not that large and staff is usually the first cut (or not replaced). We all agree that it is short sighted, which The Health Committee agreed with. By the way, how many committees are there in the NHS and how much do those events cost? I’ll bet you that they are not playing for the cat’s violin, so there are costings there too. So as we see the following “As set out in the Health and Social Care Act 2012, each CCG must have a governing body. This body must have an audit committee and a remuneration committee“, now what will that part cost?

So you see, the list goes on and on. Some costings are a given, some are not and the needed funds increase every single year. In 10 years, the percentage increase over the GDP growth amounted to those eleven billions alone. We would like to do it better, more intelligent and cheaper, but how? If healthcare depends on high quality, there was never that much leeway to begin with. So are we left with the inhumane choices? I refuse to believe that, but to start to be less pampering to the binge drinkers seems in my humble opinion to be an acceptable first step.

I also believe that Jeremy Hunt is on track with the agency staff cuts, which is outrageous, but where to get the people then? I mentioned to him that he should consider opening the door to Australian medical graduates. Even though there is a rural shortage (no one wants to go there) the urban shortage is less true shortage. Perhaps Canada has that same option? What if these graduates work in the UK for a few year, for a decent income and an annual percentage payment to their study debt? It is usually easier to find graduates willing to be a little adventurous for a few years. It could work (at least lessen the pressures) and it will be a lot cheaper than £3,500 per doctor per shift, that will be an absolute given. If this solution works in getting the issues of the boil, the agencies will have no other option but to lower prices, their prices are linked to demand plain and simple. The NHS is literally experiencing the pounding the CIA got in 2003-2010, analysts went external as their income went up by 250%-400%, which was all the rage back there! So as the NHS HR literally knows how a CIA HR representative feels, we giggle a little more. But it is no laughing matter, analysts are 13 a dozen, Medical practitioners and nurses are an entirely different ball of wax and that equation is not easily solved.

So as the pressure of shortage remains, so will the existence of Dr Temp MD, it could even shift further into the temp direction, which spells bad times for the NHS. There is however one final part. In that Dr Mark Porter has a role to play too. The British Medical Association (BMA) is the trade union and professional body for doctors in the UK and has always ‘pushed’ for the highest standards, this was done to such an extent (before Porters time) that willing graduates from several nations were unable to get a VISA and rebuild their life in the UK, there is something to say for that ruling, but by keeping the ‘projected’ level of care so unobtainable high, the UK now faces a shortage issue. I think that these rules of immigration need to be looked at and additional solutions should be tapped into. I cannot guarantee that this will be THE solution, but it seems clear that not looking at this possibility will leave the NHS in the near death state it is now!

It is only one step, but any solution for the NHS should only be taken step by step, which is always better than no action at all.

 

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June 1, 2015 · 23:33

Redo from start?

I have been considering the games that are, that are soon to come and those we wish to see again. I feel that I am not unique, I am one of many who feels the same way many gamers feel. It all started with a simple pre-order notice I saw at JB-Hifi. The order was not for Mass Effect 4, but for Mass Effect, which seemed a little odd. Soon I found a few less reliable mentions of a possible upcoming re-release of Mass Effect 1, 2 and 3 for Nextgen (Xbox One and PS4). I got excited, because overall the Mass Effect series are nothing short of a marvellous achievement. Consider that Mass Effect is one of the earliest Xbox360 releases, it still hold a storyline that was amazing to play. Yes, we will replay and we will know certain key parts, but that is still not an issue for those who love Mass Effect.

The revamped version of the last of us seemed to have instilled a desire for games on Nextgen that should make developers happy. Is that because the lack of good games or is that because the new games are leaving us cold? I think it is a little bit of both. As studios tried to play the ‘marketing game’ they are now learning harshly that playing that game on gamers is a sure way to see your product get smashed. The outrage that Assassins Creed Unity brought is only one of the elements. I will go one step further, a relaunch with upgrades to the story of Assassins Creed 1, 2 and brotherhood would very likely be more successful than the next Assassins Creed. This for the simple reason that the makers seem to have lost their way (the fact that Unity is regarded by many as the worst Nextgen release does not help any).

Even a relaunch of System Shock (1+2) is likely to draw in a much larger crowd than the likely disappointments new PS4 RPG’s are going to bring. The added issues is not just the game, the problem is for the most the marketing division for these developers; a decent example is the Division by Ubisoft. My issue is that so far the game might look good and could even become great, but in their approach to feed the hungry hordes of journalists and to remain ‘visible’, the people at E3 2014 got to see something that is now not coming until 2016, even the Q1 part here is currently under debate, so as the gamer is promised a game that is now 19 months from its initial ‘presentation’ the people are wondering whether to trust the game because of the mental link we all make between presentation and delivery. It leaves many of us with the thought ‘how many bugs do they need to fix‘? Now, that thought might not be the correct one, but when 10,000+ people think it, some outspoken nitwit will scream it on YouTube, which results in many players moving away from what could be a good game. An example here is Elder Scrolls online, which is a marketing disaster, yet when we see the review from ChaosD1 (at https://www.youtube.com/watch?t=2082&v=csY7RYF4rKQ), which is excellent and might change the minds of those who walked away from Elder Scrolls Online.

We the players now want to move to games we know, we trust and believe in, which gives added weight to relaunched games. Let’s not forget that Borderlands, The Last of Us and God of War 3 were excellent games. There is however another form of relaunch, one that is not actually a relaunch, but a new evolution of the game. Elite, the legendary game from the BBC Micro B, might have made its fame on the CBM64, it is the upcoming console version which left some parts intact that is now the talk of many towns and even more gamer communities. It shows a new air and an approach to a ‘sandbox’ world many are eager to get onto. As Elite upped the game by mapping the galaxy, with the added wink to legendary science fiction moments, which they did by adding Vulcan and the Leonard Nimoy Space Station as well as Pratchett’s Disc Starport. It is still many years away (as he is in good health), but the moment will come when we will get a place like Badger’s station or the President Lampkin’s station of justice as Mark Sheppard joins the legendary ranks in Elite: Dangerous. You might wonder what does it matter, but it does! You see, as the gamer identifies with moments of his own ‘reality’, the things he/she is passionate about! The game becomes more fun and we will see that people connect more to a game. The danger is that when the threshold lowers and too many ‘legends’ are added, it could drive down the sentiment overall, but the sentiment remains! This will not hinder the upcoming No Man’s sky and both titles will very likely appeal to many players. In that same air we should see the upcoming Shadow of the Beast. What was a scrolling game with slashing on the Amiga/Atari ST, is showing itself to be a Nextgen blood dripping slice and dice extravaganza. This is a new group where the makers can relaunch their original idea and many gamers will love them. So, as the ‘new’ games don’t hack it, the gamers will get treated to a game that did and will do so again. The benefit here is that game makers will need to up their game by a lot to get out there. In the end the gamer wins no matter what! (Don’t you just love that?)

So they will pray at the ‘shrine of Pong‘ to replay System Shock, which does not hinder others either. When we consider Paradroid, or even some games for a chosen crowd like Sierra Entertainment’s games called Manhunter New York and Manhunter 2: San Francisco. They were well above average games then and could now get vamped into truly awesome games tomorrow. Perhaps we will actually live to see the conclusion of part 3 in London. It will be up to Activision to decide and as I see it, it just takes one visionary view within Activision to unlock that revenue! That same feeling is there for the Ultima series. Even though game 10 was an experience released too soon, the idea of an ‘Elder scrolls World’ that is Britannia could be massive. The fact that a developed ‘world’ is scanned and transferred to a first person environment complete with quests, side quests and upgraded storyline could give way to a new generation of gamers, let’s not forget that those who played the original are now regarded to be in the ‘old’ section (yes, that includes me), whilst the young section will experience something completely original in a new jacket. A world where you get Ultima 4, 5 and 6 in one game on the same world with the challenges to master is not only new and novel, pulling it off would raise the bar of gaming considerably. Something all gamers desire!

We became complacent in gaming as we played the Assassins Creed series, which for the most was just ‘more’ (specifically 2, Brotherhood and Revelations). Shadow of the Beast and Elite: Dangerous are now showing that ‘more’ can be an entire new range in evolution, a part many gamers (and developers) have not truly contemplated. As those behind the developers, learn to look behind them on what was and what can be great again, we learn, actually as I see it, it is the gamer taught the developer that games can be recycled.

Yet, we must also consider that it is not about the open world part, a trap I myself tend to fall into. The immersing part of being trapped in a house and surviving it, or as some will call it Alien: Isolation is basically redoing what was great and leaving the player with a replayable challenge. Which is the holy grail of gaming! I believe that more could be coming. I still regard Metroid Prime and Metroid Prime 2 (GameCube games) as one of the most amazing games Nintendo ever released, they did on 3” DVD what many developers could not achieve on a 4.7” Blu-ray, which is truly amazing.

On the other side we see the failures, the hype that was Watchdogs is regarded by some as a failure and a joke. I do not completely agree, but overall the game is not the titan it was heralded to be, but it could be the introduction to a second game that is really awesome (Assassins Creed 1 + 2 are evidence of that), I am just willing to see the glass half full in the case of Watchdogs and I am willing to give Ubisoft a little slack in this game, especially as they do not deserve any slack for butchering the Assassins Creed series (yes, I am slightly obsessed with that). On that same line I tend to set Thief! It was not great, but decent, I do not regret getting the game when I did.

What will come next? Well, that is the question, so as many stare at the horizon for Fallout 4 and Mass Effect 4, we should not hesitate to look behind us to see new (and hopefully improved versions) of Tenchu and Mega-lo-Mania. In my view as all the developers are focussing on multi-player and micro transactions, they forget that the bulk of ALL gamers need moments of escapism, where they need not weigh anything, but focus on just having fun. This is why Minecraft is so bloody addictive. Diablo again shows levels of fulfilment. It is basically why people on Facebook keep a game like Zombie Slayer around. It has no mental need (minimal) it has decent graphics (images) and it shows progress. I will take it one step further, especially as I am not that much of a zombie fan. It is in my view one of the reasons why some of these games will always survive, when we add Pokémon to the mix we see that part even further. It is only because of the technological flaw that Sapphire and Ruby could no longer be played, yet now, with the 3DS editions, we see the power of that formula. Those who played before still love what can be played again, so as some stare forward to the horizon of new games due to technology, do not forget about the treasures behind us. Now some do not feel that ‘vigour’ when they play Colonization, a Sid Meier masterpiece, because it is board like and turn based, but what happens when the mastery of Colonization gets blended with the freedom of play that Seven Cities of Gold on the CBM-64 brought? Evolution, re-playability and challenge all in one go! I would really be curious to see such a result. I believe that within 95% of all gamers is a casual gamer that just wants to have fun, which is why Diablo and Minecraft will survive forever, we will do the multi thing in Mass Effect 3 for periods of time (best multi player experience EVER!), yet we will always return to the games that mentally satisfy, the part that scripted games cannot deliver, a niche market with long term gaming fun many developers seem to ignore.

Let the games begin!

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May 25, 2015 · 00:03

Dark side of the moon

The Guardian ended up with an interesting article on Friday. The title ‘Malware is not only about viruses – companies preinstall it all the time‘ (at http://www.theguardian.com/technology/2015/may/22/malware-viruses-companies-preinstall), it is a good article and Richard Stallman is a great man, but there are parts in this article that I have an issue with. Mind you, the man is not telling stories or lying, but he is showing one side of the coin. He is also reinforcing other sides to the software industry that are a definite issue.

The first part is a part I am completely in agreement with “In 1983, the software field had become dominated by proprietary (i.e. non-free) programs, and users were forbidden to change or redistribute them“, a side which I do not oppose. In addition there is “But proprietary developers in the 1980s still had some ethical standards: they sincerely tried to make programs serve their users, even while denying users control over how they would be served“, I have a partial issue with the last bit ‘denying users control over how they would be served‘. I disagree for two reasons.

The first is based on resources. In those days, an IBM PC was a massive behemoth, it had 256Kb memory and if you were really really rich, you also had a 10Mb hard drive. So, yes, the expensive personal computer had less resources then the cheapest $39 Non-smart Nokia phone. Go figure! By the way, that 10Mb hard drive was priced at $1499 in those days. So, user control was an issue, because resources did not allow for them, but soon thereafter, the 512Kb PC was released and there was so much we could do then! No sarcasm here, it was true! In those days I learned and mastered Lotus Symphony an excellent program! This was also a time when we started to get some choices in control, control remained limited, but some control was gained.

Next we see the first part that is an issue, even though he makes a nice point on End User License Agreements. I would like to add the Terms of service as a clear point here, but overall there is a part that is too coloured. The quote “So many cases of proprietary malware have been reported, that we must consider any proprietary program suspect and dangerous. In the 21st century, proprietary software is computing for suckers“.

I cannot completely disagree that Microsoft soured the market by a lot, it has done so in several directions, yet Corporate Earth is at times too stupid to consider growing a brain, which is also part of the problem. It is an element that is shown all over the place. The Netherlands, Sweden, UK, France, Germany, Denmark and even Australia (I worked in all those countries). Instead of sitting down and considering a switch to LINUX with open office, the IT and other elements are just too lazy and too under resourced to push for a change, so the users are no longer people, they are for the most mere meek sheep following the ‘corporate standard‘, which means that they too use windows and Office.

Another direction is the hardware world. Windows comes preinstalled, more important, Windows and Microsoft have been a driving force, forcing people to buy stronger and more expensive computers. Even though many users have not needed any need for more powerful and stronger hardware, Windows forced them to upgrade again and again. Anyone not into gaming and using their computer merely for office activities and browsing mail on the internet should not have needed to upgrade their computer for the better part of 10 years, but that is not the reality, go to any computer shop for windows hardware and we see how the ‘old’ ASUS, ACER, Lenovo, HP or Toshiba no longer hacks it. Which is actually weird, because if you reinstall your old laptop with LINUX and Apache Open Office there is a high chance that you will work in 90% of the time just as fast as with that new $2000 laptop on Windows 7. Setback? You have to install and configure it yourself. Upside? LINUX and Open Office are both free software, no costs and no fees!

Is it not interesting how companies are not jumping on that free horse? Why is that you think? In addition, with all the needs for government costs to go down, why are they not more pro-active to push for a shift towards LINUX? Is it security? This is also odd, because with the massive amount of non-stop security patches, Windows is not that secure to begin with.

So where do I disagree? Well the first clear quote is “Some are designed to shackle users, such as Digital Rights Management (DRM)“, I believe that if a firm makes software, it has every right to prevent illegal use, for a long time, how many people do you know that have a LEGAL version of Adobe? Even when the stars are in your favour. In many Universities, Adobe offers the entire master collection (all their software) for $400, which is an amazing deal! I got my legal versions of both Windows 7 and Microsoft Office Ultimate for an additional $199. Why not buy it? No many just find a download place and get the software for free, in addition you can get the codes. It goes even further that I stumbled on a place in Germany some years ago where they were offering the OEM stickers for PC complete with license key for 20 Mark. I could not tell the difference from the original sticker in the software box I had bought. Do you think that DRM would have been such a push if people just bought their software? I will take it one step further, I feel certain that if every person was charged $275 a year, we all would have the complete Adobe, Windows and Office programs free to download, with no need to illegally copy anything.

But there is still that other side. You see, I still believe that Microsoft and hardware providers have been forcing a technological armistice race upon the consumers, which now adds up to us all wasting resources on iterative junk we should not need. So even though I do not completely agree with Richard Stallman here, he does have a point.

Now we get to an issue that I actually faced without knowing it “Even Android contains malware in a non-free component: a back door for remote forcible installation or deinstallation of any app“, you see, I thought I was bonkers (which I actually are) but for some reason one of my apps had suddenly be removed and not by me. It was not something I needed. I had just downloaded it from Google play out of curiosity, but suddenly it was gone! In addition, on more than one occasion it just decided to update my apps, without my permission. When you have bandwidth issues, seeing a force upgrade which could cost you is not that nice a moment.

Yet, for the most, I remain a loyal fan towards Android, even though at times programs use background resources for reasons unknown, or are they unknown?

We get the next part from the quote “Even humble flashlight apps for phones were found to be reporting data to companies. A recent study found that QR code scanner apps also snoop“, there is a lot more at http://www.facstaff.bucknell.edu/ejsmith/scan.this.or.scan.me.2015.pdf; now we have ourselves a massive issue, although the paper shows that there is a prompt for GPS and the sending of GPS, none of them has the situation where they do not prompt for GPS and still send it. Eric Smith and Dr Nina A. Kollars who wrote the paper give us another consideration on page 8. There we see “Moreover, contemporary privacy norms are increasingly threatened as what initially appears to be signals of consumer preference slide further into determining bigger-picture life patterns and behavior. The term most commonly used to address this creeping phenomenon is the literature on consumer panopticism“, which now refers to ‘Gandy, Oscar H. The Panoptic Sort: A Political Economy of Personal Information‘. Before getting the book (which is worth the purchase), you might want to take a look at a paper by Adam Arvidsson, from the Department of Film and Media Studies, University of Copenhagen, Denmark (at http://www.surveillance-and-society.org/articles1(4)/prehistory.pdf), you see, my partial issue with the article by Richard Stallman becomes slowly visible now. He is right in his view and his vision as he sees this, but you the user did this to yourself! You think that Facebook is ‘free’, that these apps are there merely for amusement (some actually are), their goal is income! Some work the Freemium game market, where games like ‘Book of Heroes‘ gives you a free game, but if you want to grow faster and better in the game, you will have to invest. For the most, these games will rely on the investment from $10-$25 to truly open up, which is, if you consider the amount of hours played still great value. Freemium games also come with that ‘try before you buy’ approach, as you can play the game, but to enjoy it, to get more moves and more joy a few dollars will be essential. The other part that relies on ‘captured data’ did they inform you? If not, there is an issue, but the app programmer will get his pound of flesh, either by cash of by data!

Yet the other side is also true, you see, as Richard mentions and as Adam Arvidsson report on, there are places like Red Sheriff, that rely on hidden script, which is more advanced/intrusive as it keeps track of ALL your online movements. You get this script as a ‘present’ when you visit one of its affiliated sites. Did you the internet user sign up for that? When we see the reference on who pushes this. We see “since most major commercial sites use Redsheriff“, which means that nearly all will somehow be tracked. I for one do not really care that much, but I never signed up for any of it, so should we see this as an invasion to our privacy?

This is where we see that freeware is almost never free.

Yet Richard also alerts us to another state of freedom, or lack thereof! In the quote “If the car itself does not report everywhere you drive, an insurance company may charge you extra to go without a separate tracker“. Can anyone explain to me why it is ANY business of the insurer where we are?

In the end, Richard states three parts, which are fair enough, but overall the issue is missed. The issues reported are:

“Individually, by rejecting proprietary software and web services that snoop or track“, here I do not completely agree! I used Adobe as an example for a reason, there is simply no viable alternative, it only became worse when Macromedia bought Adobe (I know it is the other way round, but I will remain a faithful Macromedia fan until the day I die!), there is in addition, no tracking done by Adobe, other than keeping track whether you have a valid license, which I never opposed.

“Collectively, by organising to develop free/libre replacement systems and web services that don’t track who uses them“, which I whole heartedly agree with, I am even willing to devote time to this worthy cause (not sure how I could ever size up to the hundreds of Richard Stallman’s, but I am willing to give it a go!

And last there is “Democratically, by legislation to criminalise various sorts of malware practices. This presupposes democracy, and democracy requires defeating treaties such as the TPP and TTIP that give companies the power to suppress democracy“, this is the big one. The political branches all over Europe and the Commonwealth have sold us short and have not done anything to properly enforce the rights to privacy. In addition, Google and Apple remains in a state of non-clarity on what data these apps capture and what they convey. In that regard Facebook is equally guilty. Facebook goes further that it does not even proper police those who claim to give a free app, only to no longer work, but when you went to the install the data is as I see it already captured by the app provider, which gives wonder to where that data went.

In regards to suppressing democracy, which is perhaps partially overstated, there is an issue with the TPP that seems to empower large corporations and nullify the protection to smaller innovators and even governments as the TTP wants to enforce “where foreign firms can ‘sue’ states and obtain taxpayer compensation for ‘expected future profits’”, how long until we get an invoice for overinflated ego’s? Especially from those people in the entertainment industry claiming the loss of so many billions in an era when the bulk of the population can hardly pay their rent!

I regard Graham Burke of Village Roadshow to be one of the greater jokes this era has brought forth. Consider who he is supposed to ‘protect’, he goes on regarding “‘crazies’ whose hidden agenda is the ‘theft of movies’“, which is not that far-fetched a statement, because movies will be downloaded and not bought, it happens, yet not to the degree Graham Burke claims it is! So we get him soon enough to claim billions from losses due to the massive download of ‘the LEGO movie’ perhaps? Yet in the public forum on copyright infringement, we did not hear him utter a word on bandwidth, perhaps the response from Telstra’s Jane Van Beelen would likely have been a little too uncomfortable Mr Burke?

You see, in my view it is less about the democracy as Richard Stallman sees it. The legal protection seems to be massively delayed as bandwidth is income, and when piracy is truly stopped bandwidth will simmer down. If we accept the word of Village Roadshow with global revenue of 13 billion since 1997. Yet, I wrote about movie piracy in ‘The real issue here!‘ on June 17th 2014 (at https://lawlordtobe.com/2014/06/17/the-real-issue-here/), in the calculation, which I kept very conservative, Telstra could lose up to 320 million a month in revenue, due to diminished bandwidth, which gets us 4 billion a year. Consider that Village Roadshow is global, which means that Australian revenue is a mere fraction of that, how soon until they see that Village roadshow might only get 5-10 million a year more, against the 320 million a month loss for Telstra? So Mr. Burke is not regarded as a serious party as I see it (yet he is not an invalid party), Telstra would have too much to lose, not to mention the loss Optus and iiNet could face. However, if the TPP changes that with ‘expected future profits’, whilst there is absolutely no quality data to prove that the loss is nothing more than there ego’s talking.

There is the crunch that politicians are too afraid to touch!

Yet, in light of many factors, legal protection (including protection for Village Roadshow) is essential, yet the large corporations seem to hold the game to the need of their bottom dollar, which is the dollar, not democracy or decent rights. If it were decent rights than telecom companies would properly monitor abuse of digital rights, because the movie is for Village Roadshow to sell, or to stream for a fee via Netflix. I do not deny this at all, I just oppose the outlandish income some of them claim that they ‘lost’!

So on the dark side of the moon we see that (actually we do not see any of that) things are not right. I do not completely adhere to the idealist view that Richard Stallman validly has (we are all entitled to our views), but he touches on several parts that definitely need change and until we see a governmental push away from Microsoft solutions, we will see that the government will spend loads of money on never-ending updates to hardware and software. We all agree that such a change is not easily made, but in light of the cost of living, the fact that nearly no one makes that change is equally worrisome.

When we stare up to the sky we always see the same side of the moon, the dark side is wild, and is covered with impact craters, impacts we never see. It is a lot more reminiscent of the chaotic wild life of malware, a side that is constantly lacking the exposure it should have, mainly because it affects the bottom dollar.

 

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May 20, 2015 · 00:43

Fear is a tool

It started with a thought, one I have had for a little while and one that had been voiced in the past. Today, in the Guardian we see part of this in the article called ‘How we sold our souls – and more – to the internet giants‘ (at http://www.theguardian.com/technology/2015/may/17/sold-our-souls-and-more-to-internet-giants-privacy-surveillance-bruce-schneier). I respectfully disagree with parts of this.

The first premise is the important one.

Did we sell our souls, or were governments on a global scale lacks and slow regarding the rights of privacy?

That is an important question as it is linked all over the place. We tend to look (as I have mentioned numerous times) regarding the information the intelligence community gets, but at the same time we allow ourselves to get mined and exploited by every social network available. A nice example that the article uses is the Hello Barbie. The Washington Post gave us loads of information in March (at http://www.washingtonpost.com/blogs/the-switch/wp/2015/03/11/privacy-advocates-try-to-keep-creepy-eavesdropping-hello-barbie-from-hitting-shelves/), but it did not get the global visibility it required to have.

You see, there is nothing wrong with an interactive toy. I reckon that as programs became more and more interactive, then so would toys and the Hello Barbie doll is the premium evolution for children. The big issue is not the toy, but this simple line: “As the doll ‘listens’, audio recordings travel over the Web to a server where the snippets of speech are recognized and processed. That information is used to help form Hello Barbie’s responses” Why? Why use the web? Why not connect to a device that has the software installed? The answer is simple, this is only in one part about the doll, it is a lot more about collected data and data is value (their marketing department will come with some “it’s  all so much easier via the web answer”). Collecting the questions of children gives way to trendsetting and to marketable exploitation. Of course, in that light the adult edition, where the answer to every question becomes “not now darling, I have a headache” is likely only 6 months away.

You think I am kidding? Data is the core of value, marketability of data is the new ‘O’ for industrials. Knowing how to push the button by answering the not asked questions in advertisement is the rage, the El Dorado of the marketing industry. So when we see the quote at the end of the article “Mattel and ToyTalk, the San Francisco-based start-up that created the technology used in the doll, say the privacy and security of the technology have been their top priority“, we should state that if security and safety were such important parts, you would have kept these issues local and not via the web. As for security, if hackers can take down Sony, then Mattel might not be that much of a challenge and in that light, that collected data would be worth a fortune, so people will get that data one way or another.

Beyond the toy need of a child is the need for health. That part is dealt with in “Many medical devices are starting to be internet-enabled, collecting and reporting a variety of biometric data. There are – or will be soon – devices that continually measure our vital signs, moods and brain activity“, now we get to the juicy stuff! You see in the UK there is the Data Protection Act 1998. Yet here we see the following issue:

Section 36 gives us: ‘Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III’. So Barbie is already exempt in this case.

Even though section 2 gives us in section 11 ‘Right to prevent processing for purposes of direct marketing’, which is in part II, so Barbie is again exempt.

However, we do see protection under part one section 8. Here we see: ‘Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data’. Yet the danger here is that this regards ‘personal data‘, the definition under part one states: “personal data means data which relate to a living individual who can be identified”, which is not the part that is transferred, so it does not count. The personal data is what mommy, daddy or junior enter within a website or social media, outside of the UK (or Commonwealth), so that they can receive a much more personal ‘experience‘ with Miss Barbie. This is at the core of the problem, but it is only one factor. The same applies in 99% of the cases to healthcare and fitness equipment that connects through the Bluetooth, Wi-Fi and the web link. All this gets collected. So when we wonder regarding the excuses on software on cheaper through the online experience, several parts give clear indication that this is about collecting data, because data is the new gold. How much do you think a health care provider is willing to pay, so that they have data that allows to cut off, or additionally charge the riskiest 10%? Even though those people are already paying premium, to have a check on the safest group and to flag the least safe group is worth a bundle. Anyone selling that data for less than a 9 figure number is getting royally screwed.

And it goes on beyond the mere computer and the internet. More precisely your smartphone. The apps you install track you here as well. They track your location and sometimes download your address book, calendar, bookmarks and search history. Not to mention a host of other parts. The most annoying part of it all is that you the user gets to pay for your bandwidth, so if your data gets downloaded, you are likely to see background usage of the data and the bandwidth used goes to your total usage.

The gem of the Guardian article is shown near the end “And it’s all possible because laws have failed to keep up with changes in business practices”

This has been the number one issue for well over 4 years now and the lawmakers have basically been sitting on their hands, pretty much all over the commonwealth I might add, because data is money and those captains of industry require overhead (read data profits). It comes down to the same issue with the laughingly disturbing discussion on movie piracy. Telco’s rely on bandwidth, without that, there profits go down to the basement, in that same light their reliance on data seems to hinder governments to react in a timely manner. Research, investigations and commissions. We have seen data issues since before Edward Snowden. Yes, in all these years, how many successful alterations were made to the Data Protection Act 1998, via either legislation and/or the House of Lords? You do the math, yet the answer is simple. As I see it, look at your two hands and do not use the 10 fingers that is how often, a mere ZERO times! Just like the internet consumer change, the internet data change has seen just as many evolutions.

The worst is however yet to come!

You see, the newer mobile phones often have the capacity that surpasses many laptops and tablets. I witnessed just 4 days ago how a friend used his mobile as a SharePoint because he had to update his PS4. What He had not realised is that the PS4 also started to update his installed games. It took him less than two minutes to realise this and in that time his 2GB bandwidth was gone! Welcome to 4G bandwidth!

He’ll lose an additional $10, so he did not think it was a biggie, but now consider how much data can be passed over to wherever the applications decides. So when we get these small messages, when we are lulled into a sense of ‘security’ consider where your data is and who else has access. That is at the heart of the matter, as well as the heart of the legislative failing. Who else has access! When data is stored at any third party provider, the app maker might guarantee that THEY will not allow access to the data, but that does not state that this is the case, you see, if they have the data parked in any other provider, what does the rules of those providers stipulate? Only they? Only the executing service agents? The world of data is quite literally the new Wild West of Business and IT, a reasonable untapped frontier and we all forgot that we think that data is there and only we can access our little field of data, whilst in reality and corporation with a tractor can get to any part of that data field. It is all nicely settled in the line “are exempt from the data protection principles”, so as we consider our data and why we are not keeping it local, consider one final ‘deletable’ part, which is also in the Guardian article “In 2009, Amazon automatically deleted some editions of George Orwell’s Nineteen Eighty-Four from users’ Kindles because of a copyright issue. I know, you just couldn’t write this stuff anymore ironically“, yet even though the irony is out there, consider that your data is also on the cloud. So what happens when that gets deleted? Not by you or by the provider, but by a third party who got around it all? You might wonder why that is an issue, if you do then consider the final question in this dilemma: ‘Who is the owner of a deleted file?’

So here is the fear part:

Where is your data?
Who ‘owns’ it?
Who has access to it (besides you)?

These are one side of the fear equation, on the other side you have the data local storage, which you must personally manage, you must backup this data and you must keep track whether it is all backed up. Some users feel uncomfortable with that. A nice example can always be found when someone in your vicinity cries over a crashed mobile and all contacts lost (I saw that a few times happen to people I know in 2014).

One fear or another, they’re gonna getcha!

So you the user have gone with the flow and the privacy for billions is up for grabs because no one wondered, asked or pressured, now that part is almost indefinitely gone, only by adjusting the laws can we see a restoration of proper privacy of data and information, but those who rely on the value of data are extremely intent on not letting those changes happen. Consider this part from an earlier Guardian article “Facebook places tracking cookies on users’ computers if they visit any page on the facebook.com domain, including fan pages or other pages that do not require a Facebook account to visit“, do you think Google is any different? So as you are tracked and as data is combined from social media, from websites, devices and even toys. How much privacy do you think you are enjoying at present?

Now we get to a truly speculative part. Consider Google with its Nexus range. Now the new Nexus 6 looks nice (way out of my budget range), there is a 32GB and a 64GB version. No issues here! In all aspects a decent game changer for the Nexus fan. Now we get to the Nexus 9, the tablet. Before I give my view, let’s refer you to Forbes, here we see some interesting details (at http://www.forbes.com/sites/ewanspence/2013/01/29/apples-128GB-ipad-just-gave-every-android-tablet-manufacturer-a-headache/), an important fact is that this is a January 2013 review, so more than two years old! In that regard the specs do not seem to have changed! So this ‘new’ tablet is only to be begotten in a 16GB or 32GB version. So it has a lot less storage than the Nexus 6 mobile phone. It has a few more weaknesses, but basically, as Apple already had a 128GB edition, Google remains at 25%. In my view this was intentional! The machine was released late November 2014. Why would they not have a version that is at least 64GB? My iPad 1 (yes version One) which I bought in 2011 already had 64GB). This is not a mere oversight from a bungling manager, as I see it this is an intentional drive to get people towards Google drive, with data stored in a place where some might have access (the non-user that is). Remember, this is pure speculation on my side! Google could have made a contender and is offering nothing more than a consolation price. Offering it at a very competitive price, but it comes with the foresight that people will be driven to the Google Drive, sooner rather than later!

Please feel free to reject this notion, but ask yourself, in the fight between IOS and Android, why would Google not offer a machine a lot more competitive? This is at the heart of the matter, this is as I see it the crux of it. There is of course a danger that we make ‘relationships’ between fiction and facts in events that are a figment of our imagination, but in the competitive industry that is called ‘mobile devices’ to remain behind to this extent to that degree calls for questions, does it not?

There is one part to add, the Guardian article was originally adapted (by the Guardian) from ‘Data and Goliath’ by Bruce Schneier, Bruce Schneier is a security technologist and CTO of Resilient Systems Inc. He can also be found tweeting his heart out as @schneierblog.

 

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May 11, 2015 · 15:53

Another online danger

It seems that we the consumers are soon in danger of being left out in the offline cold. You might not realise it, you might not even worry, but your money, your payments online are finite!

You see, not only are the events of last week troubling (not the UK election mind you), the consequence of allowing this to move forward unanswered could be a costly one.

With online presence there is the additional danger of non-online absence.

For this I will emphasize it with one example. The game is from Enix and the title is ‘Order of War: Challenge‘, if you had bought it from Steam, then you have a possible issue, because the game has been wiped of your account. Now, this is not a massive issue of today, this is an issue from the sheer point of view called ‘You paid for it!’ and now it is no more and you can never play it again. An important fact is that this issue played in 2013, so you might wonder what gives!

That is an excellent question. I for one would not care too much for Steam, I never did. Yet the issue of yesterday is now quickly progressing towards issues out today and even more important those who are out tomorrow and after that. This goes far beyond the wiping of a ‘Silent Hill Playable Demo’. Some changes are made because the circumstances changes, which is fair enough. That is not the true issue (even though the Silent Hill fans who missed out would be miffed).

The issue is found in the mobile and console games out now and more important those released after tomorrow.

Let me give you an example.

The mobile/Tables environment has a game called ‘Dungeon Keeper’. Many of those who loved that game when it was originally released on the PC went nuts the moment that game reappeared. Yet, in hindsight this new game was a massive failure on many levels. The game had actually destroyed the image the masterful game maker Peter Molyneux had built. The game is now all about delaying events and forcing people to make very expensive purchases online in the form of Gems. As micro transactions go, this game is the one example why micro transactions should be illegal. A nice view is given at https://www.youtube.com/watch?v=GpdoBwezFVA. Yet compared to the pc edition of the second game (at https://www.youtube.com/watch?v=6DJmS7prcmE), the mobile game is horrendous.

Now we have an additional side, I cannot tell when this happened, but several people (including me) have only had access to the game once in the last two weeks, there have been ongoing server connection issues. In light of the issues that have been mentioned in the past there is now a matter for other cause. You see, if there is an issue with a game, if you had purchased enough gems, the issue at hand is not just that you are forced to a server, the fact that the server is no longer there and the player can no longer play gives weight to the question whether there should be legal consequences for those eager to sell a micro transaction relying game. Can something offered as ‘freemium’ but will only work smoothly when purchases be made, should that game be allowed to be non-functional?  Should the makers not offer an offline side to the game? That is at the foundation of what is wrong. The danger of consumers paying for something that can be removed as soon as the exploiters no longer consider the product to be viable and it stops working for various reasons.

What are those reasons?

Well Dungeon Keeper is a first example. The fact that a server is down is one thing, the fact that the server cannot be reached for two weeks is an entirely other matter. Which leads us to the question, should games that only have online server options be allowed? Beyond that, when gameplay is removed, are those who paid for additional gaming experience be entitled to credit vouchers?

This is the loaded question because basically it is payment for a service, which should be regarded as temporary, however, was that clearly communicated to those buying the service? Now we have ourselves a different video game altogether!

You see, this part will be a growing issue as people are dependent on downloads and could storage of games that are not played on a daily basis. There is the added consideration that these providers never did anything wrong as they might have specified that in the terms of service, yet who reads them? This is not a business agreement, or isn’t it?

Let me move on (for now to another example).

Now we have (or better states we used to have) the PlayStation 3. It has the option of PSN and PlayStation Home. PlayStation Home was discontinued, but what about those people who have spent money for years on the locations there? There had always been an implied assumption that there would be PlayStation Home in PS4. Clearly implied is not correct, too many sources stated most options in silence. Then when the PS4 came it was initially incomplete and in 2014 the verdict was final, no PlayStation Home on the PS4. And recently PlayStation Home was also removed from the PlayStation 3. There was no fault here, there was never any clear agreement that PlayStation Home was to be ported to the PS4, but to lose it on PS3 would never be an acceptable option to those who like it.

I thought it was a cool place, it was partially useless, yet it had the option of being a playful marketing tool. Trailers, unlockable extra’s for games and so on, there were even a few decent games in that environment. Because it had channels so that people could chat, it was something that is out there that would forever be an option. Now it seems that Sony is mostly rejecting the social media, or it is partially doing that. PlayStation home is not the only place, the profiles are a second part, but here we are forced online and in an almost ‘anti-social network’ situation.

This is where the wheels come off the wagon, you see there is another side to all this!

This all links to the previous as there is a real danger that someone at some point will deactivate a service, then what? There is currently an uneven, unequal and a dangerous push to force people online. There is now a second part that has massive consequences for gamers on a global scale. I have made references with the TPP (Trans Pacific Partnership) before, and it seems that several other sources are now on the bandwagon regarding the dangers here, gaming is only one aspect (and not even close to the biggest one, but because of the global setting of gamers a lot easier to spot). It is not just the ‘profile’ issue, that is the least of it all, but it is a driving force around it. More important, the cost of being ‘online’ could soon be another matter altogether.

It would be too simple to state that the TPP is just a bad consequence of a group of utterly incompetent politicians, mostly staying presently at 1600 Pennsylvania Avenue, but that would be not entirely correct either. You see, their inadequacies resulted in a group of industrials to change the premise on Digital Rights Management (DRM) on a massive scale. For the most, I have mixed feelings. I believe that it is perfectly legit for a corporation to protect their product from being illegally copied. Now, the internet providers (ISP’s) are all about bandwidth, so as such, they like people who copy movies, they love it even better when people copy Blu-rays, because 100,000,000 people going for 2-3 blu-rays every night is a massive amount of bandwidth. There is to the smaller extent that a DRM is all about setting up who can legally use something and who cannot, but that seems to be the smallest tip of the iceberg.

An article in the Sydney Morning Herald gives us ‘http://www.smh.com.au/federal-politics/politicalnews/trans-pacific-partnership-will-push-medicine-prices-up-review-finds-20150303-13sxty.html‘. This is not entirely correct, but not wrong either. If we take this quote “The leaked treaty text also reveals new American and Japanese proposals designed to enhance the ability of pharmaceutical manufacturers to extend and widen their patents on drugs and medicines“, it is the word ‘extend’ that is the issue. Because some pharmaceuticals are all about prolonging, we see more and more new patent additions to give any drug a longer exclusivity, which means that generic medication will be less and less of an option. There is in addition the quote “Jeffrey Bleich, accused Australian consumers of habitually stealing copyrighted content and of being some of the worst offenders with amongst the highest piracy rates … in the world“, that statement makes Jeffrey Bleich an idiot to some degree (not the worst he’s ever been called), because his peers in the Netherlands, Denmark and Sweden say exactly the same and he should properly investigate these matters before making those statements.

Now, he was not being too bright (or massively misinformed) and a mere voicer for large corporations, which is to some degree his job I reckon, but he could have been a smudge more thoughtful in that regard. You see, the American side has been utterly stupid for a long time. Because it was always American first, then ‘whomever is left’! We have seen that in Movies, Music and games. Although music not as much. It started in the mid 80’s when Greed took over and American corporations were utterly clueless on global corporate actions from day one. I am not just talking about Games, or movies (even though they are the most visible ones). No the utter consumer disrespect shown by Ashton-Tate, IBM, Lotus Development Corporation, Oracle, Novell and Adobe was beyond belief in those days. You would actually look forward to meeting with Macromedia, WordPerfect and Corel to see that humanity in IT was an option. Now many of them changed tunes over time, the movie and games industry stayed behind for a long time, it is only recently that the US is seeing that the money of their blockbusters are coming from outside the US in some cases in excess of 75%. Now we have ourselves a ballgame! Now we see the shift some are making, but in other ways.

You see, there is a reason why some people have an aversion to buying a game at 40%-70% more. In my early days, I had no options, a game advertised in the American magazines at $19.95 would cost me $69, that’s a not so nice 300%, so America changed the environment from the very beginning. Even today, Australian gamers will pay 40%-70% more for a new game. Now, we will see casual mention on how it is all about shipping. Well guess again. PSN (PS4) was offering games on day one in a shop for $89, On Amazon it was $59 and guess what, the download in Australia was priced at $99.

How do these elements link?

There are two parts. First the quote by Julian Assange “The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies“. It is actually not that far a stretch, you only need to consider the legal disagreements between Apple and Samsung to see the dangers here.

After which the following claim is made “The leaked text shows that this agreement is more about corporate power than “free trade”. Investor-state dispute settlement is really a form of corporate sovereignty“. That part can be found here (at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter/page-1.html).

Basically, in there you can find the issue “where foreign firms can ‘sue’ states and obtain taxpayer compensation for ‘expected future profits’“, this now reverts back to the earlier mention of games, movies and especially music. A false dimension of revenue has been maintained by corporate ‘baboons’, claiming ‘loss of revenue’. Relying on incomplete information from Napster, Kazaa and a few others players in the peer to peer networking solution. They basically went on the premise, one download means one sale lost. I believe that this was never a reality. People might download and listed, but would never have bought the bulk of it in the first case. That same premise of certain lacks is seen when we see the quote “Attorney-General George Brandis has signalled his intention to introduce more stringent copyright laws to crack down on online piracy“. In that regard the attorney general does not seem to strike too high on the academic scale of logic (on any given day for that matter). I posted an article on September 10th 2014 called ‘Changing topics?‘, in there the issue is better shown, you see it is not just about copyright, because that could have been dealt with quite easily. It was about Malcolm Turnbull’s anti-piracy forum. You see, if copyright was truly the issue, which would have been easy. But in that event the words ‘revenue‘ and ‘bandwidth‘ were very much skated around. Telstra was extremely cautious (and eager) to steer clear of that because in the case of Telstra, monitoring bandwidth, people actually stopping copying movies will cost Telstra billions! Now we see the consequence!

You see, America is figuring out that it cannot deal with its own ISP’s and they definitely cannot deal with the others like Telstra, Tele 2, Com Hem, KPN, TDC and a few others. They are doing it stepwise and the TPP will give them some options. Now back to that term that is laughingly referred to as ‘expected future profits‘.

One source states: “Losses to Video Game Makers Due to Piracy: $8.1 Billion“, based on what numbers? ISP’s state they cannot monitor. Then we get “Pirated Software Impact to Businesses: $63 Billion“. Again on what premise and how?

Well the first one gives us: “Video game piracy of hand-held games leads to the loss of about $8.1 Billion a year, as losses due to pirating of Sony PSP and Nintendo DS games between 2004 and 2009 lead to worldwide losses of nearly $42 Billion“. Here we see an interesting side. These are only two consoles. More important, these consoles have again and again limited legitimate access to games released in US and Japan again and again. So is this truly about piracy, or is the decision as seen here “Monster Hunter 3rd is the best-selling PSP game ever in Japan with 4,780,000 copies sold. Its PS3 HD remaster sold an excellent 500,000 copies as well, yet neither version is scheduled for an international release“. By the way, is the maker not guilty of discrimination? Let me be frank, I will not and have never condoned pirated games. I believe in getting a game and playing the original (I rarely buy games, so when I do, I will go for the VIP options that an original game brings). So, is this about piracy, or about segregation?

That part is harder to prove in the business case. The source “Business Software Alliance, “2011 BSA Global Software Piracy Study,” May 2012” is an issue. I cannot be certain how they got to $63 billion, but with so many illegal versions of Office, that number seems a lot more plausible. It is funny that there, US and China are the biggest transgressors representing a little less than one third of the entire lost stack. The UK is set at 1.9 billion and Australia less than a billion, yet how were these numbers achieved, through ‘rough’ estimation perhaps?

Now we get to the monkey’s banana moment “Losses due to Music Piracy: $12.5 Billion“, which is stated “According to the Recording Industry Association of America (RIAA)“, yes, they wanted the number to be as high as possible, because it made bad productions and louse representatives look a little better. In addition, some of these numbers cannot be decently vouched for in any way, shape or form. It boils down to well over 500 million CD’s, in a numbers game that number on a population of 7 billion seems small, but here is the kicker, that same source had the following, which I found illuminating: “In a survey of over 6,000 people in Finland between the ages of 7 to 84, researchers found that on average each person who downloaded pirated content online had about 2,900 pirated music files and 90 pirated movie files. The researchers who conducted the study believes that downloaders have more music files is due to the ease of downloading pirated music. According to the study, downloading movie files require faster internet speeds, more digital storage space, as well as a higher technological ability to playback movies“.

The term ‘each person’ now becomes really interesting, because 90 movies boils down to 360 Gb, and 2900 songs come to an rough (very rough) estimation of 14.5 Gb. A person downloading that much would be visible on the ISP counter. You see, you buy bandwidth monthly and downloading this much, as well as watching online and perhaps stuff they no longer have, you are looking at $80 a month, however, only 6 years ago, I paid $70 for 25Gb. you see how the picture changes? That is centre here. By the way, if you think that 25 Gb is little, consider that I have only hit that maximum once during my entire contract with my ISP and that was because on a Friday my system decided to update Windows 7, Office 2013 and my Adobe Master collection, which was quite the resource drain that evening.

Your online presence is now a danger in more than one way. In the first more and more ‘providers’ are forcing us to save on the cloud, forcing us using bandwidth. Now, I understand the first download, but many systems are now gearing towards less memory and more reliant on cloud drives. Which was my issue with the Microsoft Xbox One even before that system was launched.  Are those not streamed services? More important, my issue there was that once a service is disconnected, would we just lose it all overnight? Consider your movie and TV series collection. What happens when your old versions of Star Trek, Dexter and Game of Thrones are discontinued?

In addition, if online presence is essential for our services to run, how will that be monitored? I only need to refer to the Sony hack, to give you a first fright that certain owned items could be lost by a mere scripted command. Again, a situation the consumer is not ready and not prepared for. Now, in the case of PlayStation Home, there is some understanding that certain services will be lost, could a local copy have solved it? (I am asking, not telling). There are unresolved issues, mainly because the new technologies move so fast and to be quite honest, some considerations are new, we never had to make them before. We the consumer must accept that some parts are lost to us at some point. Yes, I loved HERO on the Atari 2600, but to expect that game to function 30 years later is not that realistic either. In that regard, we have attached to software (especially games) to the same extent we hold onto a book. They are not the same, which is a simple reality.

But the dangers of online remain, or do they? In that regard, the issues I raise are mostly about time. We see the failing of a game and losing out on what we spend within a year totally unacceptable, yet in that same notion, we should find peace in the notion that nothing lasts, it is all a mere matter of time. Yet, there we see a partial solution, we cannot realistically expect the provider to give ‘eternal’ support, but is a local version (no servers) after a while, or before the service is pulled a possible solution? That I have yet to see and it is not that far-fetched, because in the end, with the amounts of products and the change of IP, that part is slowly but certainly becoming an essential step to consider, especially in light for the business model of any software corporation. Consider you the player with your game of Halo, or Gears of War. I reckon that at some point, you will accept that online mode falls away, but how would you feel is the single player option falls away too, especially if you still have the console or PC to run it on?

A gaming dimension that will fall away at some point, but are we ready to let go of those moments? Now consider that your console/PC can no longer link to the service, even though you have the original disc. In the new DRM, it is entirely possible that no online verification means no playing the game. This is the certainty that we face and the TPP will push us there a lot faster than you realise. Should you doubt any of the last part, then consider the site gog.com. It holds some of the most brilliant games ever created (sold at very low prices), people still revere these games and many of them (especially the original dungeon keeper) will find a place in the heart of gamers. Moreover, several of these would make fine console games when adapted (higher graphics in most cases). I believe that the MSDOS Dungeon Keeper could be a hit 3DS game (like many other games on that site), even today.

Gaming is not about the latest game (decent graphics and sound aside) it is about joy and the games on that site are most pure joy to play.

Now you might all think that this is about games and many of you readers do not care about games, but now consider that same step when you look at your Office 365 account and the fact that you are pushed away from a version that works perfect for you (like the nightmare Office 2007 users faced in the past). There is an abundance of programs that offer a similar scary outlook.

Now translate this to collections you do care about. Your music, your TV shows, perhaps even your digital books. Do not take the word of those stating that it will not happen, because it will, it has happened in the past, it is happening now and it will happen in the future. The DVD and book on your shelf are a touchable item, that part is (if you treat them properly) secure, something online can be lost by merely removing a server or damaging its data. If someone states that this can never happen, then look at Sony, they experienced that event first hand.

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