Category Archives: IT

July 24, 2015 · 22:58

Get the right info to choose.

I have always believed in this, a person has to make a choice and it is up to the informers to make sure that the people are given the true choices. This is always hard, there is no denying this. You see, we are all biased to some extent. I fell in love with Elite in 1984 and with the coming of Elite Dangerous, that passion returned. So when I read ‘Will Elite: Dangerous Be Wiped Out by Star Citizen & its Beautiful Ships?‘ (at http://moviepilot.com/posts/2015/07/23/will-elite-dangerous-be-wiped-out-by-star-citizen-its-beautiful-ships-3406342) I just had to take a look.

For me there were two reasons, the first is that as a previous passionate Elite player, I am very aware of the game and I feel that I am in possession of expert knowledge to counter most attacks on Elite Dangerous (without having played the game until my XBN1 arrives next month). I know next to nothing about Star Citizens, so when I hear that a game like No man’s Sky and like Elite is out there, I will take a look (I believe that there is a place for all three games if they are up to scrap).

The first quote that got to me is “It’s a beautiful game, but it can also be isolating and boring. You have to be prepared to invest a lot of time into Elite: Dangerous in order to benefit from its gameplay” which was preceded by “it’s held back by numerous irritations“, which got to me just on the go. This all linked back to a previous article. From this I wonder what level of investigation Kenny McDonnell did to begin with.

Now his allegations from the previous will be addressed shortly.

‘Can also be isolating and boring‘

Is that true? The game has Solo Mode (just you), Private mode (just you and your friends) and Open mode (you, your friends, soon to be new friends and all unmentioned wankers), so what do you mean isolating? Now the XB1 version is still not finalised, so this is still coming, for now that version is solo only (well decently dependable solo). There is no denying, that version still has bugs because it is not finished yet and if that is not a real bother you can get the game for $31, which is AWESOME!

‘Prepared to invest a lot of time‘

Well, is that not what a game is about? For the record, the game has several trainings missions for you to get into the game, I reckon that this will take a little over an hour to get it all done, if you also watch the attached trainings videos to help you get the best out of it all you can complete the trainings missions a little under 55 minutes (rough guess). Now, if you want to know the truth, you should watch

https://www.youtube.com/watch?v=8rtajDGnqAo

This is by far the best intro video made. It is the work of Troa Barton, watching it is a must. In one hour he shows the beginning highlights. In that time he gives a short explanation and shows more than I bargained for, so I was hooked again in 10 minutes. In that time he kills half a dozen opponents with the ship you get at the very beginning of the game. So you get a good start in 1 hour, which is again AWESOME!

So is there any truth to ‘prepared to invest a lot of time‘? Yes! You see there are 20 ships and 10 more coming. Ships fall into different categories and some will cost up to 200 million to buy and outfit, you start with 1000 credits, so this is not a small game it is a massive journey and you get the universe to traverse and grow. Some will like mining, some will prefer hunting, smuggling and piracy, some will prefer trading. All options, whatever YOU decide.

Some parts can be boring especially when you are trading, however, boring is good because some trade ships are not that good in fighting, by the time you have earned enough outfit an anaconda, which sets you back over 200 million, you have a ship that can devastate loads of opponents and carry 260 tons of goods, which at 15K per tonne per haul nets you a quick 3.9 million. So all this is not boring at all.

If you are a feistier person where you can tell the opponent that he/she is no ‘2B’ (and kill that person) you are in charge of choosing what to do.

Now we get part 2 with the quote “However, there’s another game on the horizon. One that promises players a space sim like no other; Star Citizen. Star Citizen may have a release date in 2016, but I can see it excelling on the PC“, so Kenny (not the ‘oh my god they killed Kenny’ person), is dissing a game in a bad way against a game that is not out for another year? Odd, because he becomes all speculation for a game that is not even out yet. And let us not forget that Elite (the original) was an established level of excellence in 1985 and now again from all the videos you can see online, this game does it again.

Then he states “We’ll have first-person space combat, mining and trading, all colliding with first-person shooter elements in a massively multiplayer persistent universe“, which is what Elite Dangerous on the PC already is (in space flight). So what’s the beef?

Then we get “Personally, I can’t see Elite: Dangerous performing well under the pressure that Star Citizen will bring to the space sim community on PC“, which is fair enough, it is his view and as such he is entitled to think this. I personally believe that Elite is already bringing the pain of great gaming now!

Now I need to step back for a moment to look back at his previous article which is linked in the article I linked at the beginning.

The price of minerals is too low and therefore not profitable or worth doing.
 – Really? True that your first ship is not equipped for that, but the later ships are and you can get a few millions per trip down the track.

Exploration data could also be upgraded as the player isn’t given enough of an incentive to do so – other than the universe is pretty.
 – Really? Larger ships have great exploration options, but you need a large ship and several components costing millions.

A small point that someone on Reddit made I completely agree with: Lower the scanning range on planets, so while exploring the player has to go close to the planet to scan them, therefore providing better visuals and experience.
– That might be a fair point, I cannot comment on that.

A greater variety of missions for those that aren’t Elite would be much appreciated.
– Again a fair point, yet Elite is still growing on the PC, so that is an option, further the power play option in the game has several goals to achieve and you get to select yourself HOW to achieve them.

More merits for getting cargo or resistance pockets – they’re not really worth the hassle in the game’s current state.
– I actually do not know (so again this might be a fair point)

An improved in-game chat feature
 – true, for now it is one on one, unlike the XB1 edition where you would have group chat as the system is made for that.

Now, some points here are valid, yet this game is still growing and the game offers 100 times more than the original ever did and it is currently in state ‘released’ something Star Citizen is not.

In addition, the current article had to mention for Star Citizen:

Over a hundred star systems in game which will be hand crafted and will include heavily themed, scenic landing locations from day one unlike Elite: Dangerous.
– fair enough but that game is still a year away, in addition, a hundred systems versus billions of systems is a far stretch of competition.

No procedural generation could lead to less boredom when traversing space.
– So far people opposing ‘procedural generation’ seem to not understand it, for that part just look at many no man’s sky videos. Procedural Generation does not imply boring iteration, that has been shown in No man’s sky a few times (will get to the Elite side shortly)

Far more freedom in terms of ships and their customisation.
– Possible, yet Elite already has 20, 10 are upcoming and there is no information that it will end there, in addition there are all levels of customisation, which is about the ship, not the look.

Superior graphics and more well-designed worlds.
– That is massively subjective, on the PC what I personally saw, some of the sites are beyond amazing and let’s not forget this is a space game, space is overwhelmingly black.

Better control over your ship, with improvements like yaw and more focus on first-person shooting mechanics.
– That shows that Kenny did not do his homework, the instruction videos on the PC show all that, including advanced lateral movement, strafing and so on. I reckon that it requires a decent HOTAS to enjoy (in opposition of the keyboard), so as I expect the XB1 to have the same options, I have not personally seen that.

Now let’s take a look at Star Citizen, the work of Chris Roberts.

Important is that he was one of the people behind Wing Commander, which I played intensely, so I know that this was a good game. So the person behind all this is not a newbie or a wannabe.

Now even though Star Citizen has had its share of Scepticism, we must remain honest. This is a crowdfunded game and it is well funded at present. In addition, a game like this is not an easy feat, yet also, the person behind this has proven his merits with Wing Commander. So as this is a 2016 game, my first view is that whomever start nagging and whining before October 2015 is an absolute idiot and should not have crowdfunded this (or just shut up until the beta is out there in its full potential)

So as we take a look at Star Citizen we need to keep an open mind. From the first go we see something very well done, but this is a trainings mission, if the rest of the game is on par than this game will be well worth it. So apart from walking around, the game definitely looks good (as it is) but the game has a long way to go (several glitches were shown, but as I stated, this is a beta at best). This was an April video, so I can assume that the game has processed from that point. I will not judge the game on what I saw, apart from the fact that it looks good, in addition there is no way to correctly assume that this game will outdo an established game like Elite Dangerous, but I feel that if the game goes on with the level of views that I see now, there is nothing stopping this game to become the third game next to Elite Dangerous and No Man’s Sky. There is no way that it overtakes either based on the information I currently have but that does not stop Star Citizen to become an equal game with a growing fan base.

Now for some future Elite expansions (as per the Elite Dangerous Wiki)

Landing / driving / prospecting on airless rocky planets, moons & asteroids.
Walking around interiors and combative boarding of other ships.

The first two are nice and adds to the experience of Elite

Combat and other interactions with other players and AIs in the internal areas of star ports.
Accessing richly detailed planetary surfaces.
Availability of giant ‘executive control’ ships to players.

The rest is nice too, but I hope that these extensions are not an attempt to add a ‘Mass Effect’ mode to the game (although walking through Space Stations could be an awesome experience.

So both games will have their own moments in where they excel. I do not agree with the view that Kenny McDonnell has regarding Elite Dangerous, but he is allowed his own view. I believe that there is space for both games.

The additional question becomes why must all games have all the options?

I believe that the lover of No Man’s Sky will love Elite Dangerous and there is a decent chance that they will love Star Citizen too.

I see that Star Citizen (from the training mission) is a more serious attempt to create a space flight flight simulator, it seems more on a ‘military’ approach to fighting than Elite Dangerous is. If I would compare it to other games than Elite Dangerous versus Star Citizen in that regard relates to Privateer versus Falcon 4.0, so from what I see now, the people who love more realistic fight flight Simulators would push themselves towards Star Citizens (when it arrives), so feel free to have fun with Elite Dangerous until that game arrives. That is from the little I saw from Star Citizen now, but that is not a guarantee that a more basic flight and fight options would not be available. Star Citizen is, as I see it at least a year away. So in all this I personally have a few issues with the article Kenny McDonell wrote.

From my view, you the reader, if you are into these kind of games, watch the Troa Barton video and decide from that whether you would give Elite Dangerous a go, as it will be one year until you can start the discussion whether you want Star Citizen, Elite Dangerous or both.

Just make sure in the end it was your choice due to receiving the proper information!

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July 23, 2015 · 12:07

How trolls do not review and I do

OK, I’ll admit that I am slightly overprotective when it gets to Elite, yet here it is, that is just my side of it. I have loved this game from the very moment I saw it in 1984 on the BBC Micro B of a friend of mine. I got the CBM-64 edition and the fun of wonder never seized for me. I am telling you all this so that you know that I am a biased reviewer in all this.

The reason for all this is a video that was uploaded by ‘The N-Gen’

https://www.youtube.com/watch?v=irUThzqrNT8

in the first 6 minutes you will hear a ‘mumble-rant’ like approach of someone who just does not seem to get it. After 6:30 he will admit that he does not get it.

So finally he decided to just take the training exercise. Now we hear more, but here he makes a few valid points. I see in 2 seconds a lot more than he does in 90 seconds, yet I have played v1 for years, so I had an advantage. This mission would have needed a little tweaking (if you ignored the basic flight video). Because he did not notice the lower left canister, he started to aim with a multi-canon on a target 500m away. Which is, detrimental to your ammunition count (considering the size of a canister). SO, from the video I personally gathered that he was tired, he was on a deadline to ‘produce’ a new video and that he was not getting it. Now, that is fair enough, we do not all like certain games, or we don’t get certain games (in my case that would be any NBA game). In his case at the very end his response is ‘it is a load of nothing’, so good to know that some reviewers should find a decent day job as a non-reviewer, which in this case is ‘The N-Gen’.

As for the facts!

  1. This is an early adoption game, you get to test the game and play the game, you get one hour for free and you can buy it for $31, so when the final version comes out you will play the full version with no extra money required and several of the benefits awarded to you, you get to keep, so you become a day 0 player with extras! I see zero, I repeat zero downsides to this.
  2. A better review came from PloTTwisted, which gives us a lot of parts, he shows that there are bugs, there are glitches, but as he states, the benefits of having a free go for an hour to make up your mind as well as a discount for being the early player is just too good to pass up. He loved the game, he brings out a few issues which EVERY beta has. I for one, as I still see Elite as one of my first loves (Ultima 3 was my first true love in gaming), there is absolutely no way that I am not getting it, I am getting the Xbox One just so that I can play this game (and because waiting for No Man’s Sky for the PS4 is just too irritating).

PloTTwisted also shows that for now you should keep to solo play, which is fair enough, because taking time to be a good player is so worth the experience down the track. So back to the training, you see, when in training mode, you see on the right the text “New pilots should watch this pilot training video” with below that the basic flight link.

Now, for the impression video you might not want to record that part, but watching this would not be that far-fetched. Elite is a space flight simulator, that means travelling in three dimensions and that is something we might take a moment to realise. I think I am the only one who can fly the space shuttle with zero training, oh wait, I can’t do that, so, I too might want to watch the video

https://www.youtube.com/watch?v=crL9H_Vx68Y

which seems to be the PC version). The Xbox One edition is likely to be almost identical. So all the ignorance ‘The N-Gen’ showed, could have been averted by the tired him taking 4 minutes whilst sipping coffee before he wasted 12:51 by not telling anyone anything useful, oh wait, he actually had found an issue, oh no, after watching the basic flight video, it seems he had not, so what should we make of this?

Well, first of all, he has freedom of expressing, so he was perfectly valid in making his movie, I am for that same reason in opposing his view in my blog, and I will make a video the moment I have my Xbox One so I can show people what an amazing game Elite: Dangerous will be. In addition, I am not alone, there is a person named Troa Barton

https://www.youtube.com/watch?v=8rtajDGnqAo

which is excellent! He takes a decent look at it all on the PC and explains several things clearly and precisely. In addition I got introduced to parts of Elite that were never there because a CBM-64 with 64Kb of memory tends to have its own level of limitations, levels that the PC and the Xbox One from 2015AD will not ever face. So for me there is plenty of new stuff (which is fine by me) also, v1 of the game had a few hundred systems to fly to, now we get millions of systems each with planets and space stations, so the game is more than just slightly larger. The fact that you can now upgrade individual systems on any ship just adds to the fun of it all, it will however require you to think a little before you spend, which Troa Barton explains quite clearly and he shows it too.

Trading has grown into a massive choice of legal and less legal commodities, there is the option of mining and trading in rare goods, smuggling was always there, yet in the past it was limited to fire arms and narcotics, we get a lot more options now. The game is truly taking a game into the next generation and that comes with a little consideration, to get good you will need to take a little time, however, as Troa Barton shows, choosing wisely and spending 30 minutes gets you really far on track to going places, so watch his video, it also shows clearly parts that allow you to excel the trainings in pretty much one go, which is awesome in his own right.

And in light of No Mans Sky, people should not worry, there is no choice whether you play one or the other, not only is the universe big enough for both games, if you like this type of gaming, getting both would soon the only consideration you end up having. Based on my non-gaming of the new version and relating to what I saw on the video’s than Elite Dangerous might (not a given) one extra dimension of gameplay if you get a pilot stick with throttle. I wonder if any of them would work on an Xbox One and even though it might not be essential, adding that Top Gun feeling for a mere $89 could be so worth it, but that is for me to consider once I get the Xbox One.

Now the one final thought you might have is how could I comment on a game I have not played? Well there are two parts. In the first, I played the original for years so I can clearly relate to the dynamic of the game. I deduced more from watching three videos than ‘The N-Gen’ did by pointlessly screwing around, dissing a game he basically did not fathom. In the second, I did professionally test and review games from 1989 until 2001, so I have been more than just once around the block when it comes to gaming and game testing.

My verdict is simple, no matter how the Beta will look, the PC version gave me that wonderful returning feeling from playing a game I never stopped loving. The fact that this is not a ‘mere’ remastering but an extreme evolution from 8 bit limitation of hardware to a 64 bit limitation of imagination is the most massive of jumps for any game to make. The added fact that unlike most games that this is not a 10 or 50 hour game. This is one of those games that will stay with you for the duration of your console (if you like this kind of game), which is something that seldom happens in gaming. If I am fair and objective than I should also name a few downsides to the full game (Beta’s are exempt of such judgement). I am not sure if that is possible, the universe is a cruel place, so whatever happens will likely happen to you the player too. Yet, from what I saw in the video’s it seems to me that there is a push for combat (if you want to make it rich fast), which implies (from what I saw) is that the mining side seems too unbalanced (by the time you can afford the hardware), yet in all this, I have not seen how you could scan for rare minerals and collect them, because that should not be a 45 minute trip and in all honesty, when you do strike it rich then, the credits should wash over you like a massive ocean wave in summer, but that could just be me (and that is one side that we never had in v1 of the game).

So in all ways Elite Dangerous exceeds what I could have imagined, so as ‘The N-Gen’ had his view, I will have mine! So what about you the reader? If you have an Xbox One, please check it out, you lose nothing from a free download and playing a game you never played before might open up a door you never considered. Even if you will not like it in the end, you should decide for yourself, not just rely on the other fellow or on my view for that matter.

Good luck and enjoy whatever you decide to play!

 

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July 22, 2015 · 21:22

Spelling fraud with a ‘T’

So, after we see the events in Tesco, which has taken its billions in toll from September 2014 onwards, we now learn that Japan has its own version of Tesco, which we read in ‘Toshiba boss quits over £780m accounting scandal‘ (at http://www.theguardian.com/world/2015/jul/21/toshiba-boss-quits-hisao-tanaka-accounting-scandal).

Here it is not the meagre 263 million that Deloitte discovered would only be the tip of the Titanic sinker, in the case of Japan, it is three times the amount, which initially might beckon the question whether the fall out for Toshiba could be 9 times worse. Is it that simple?

The Guardian gives us the following “Tanaka and Sasaki knew about the profit overstatement and created a pressurised corporate culture that prompted business heads to manipulate figures to meet targets, the investigators found“, the other one is “Improper accounting at Toshiba included overstatements and booking profits early or pushing back the recording of losses or charges. Those actions often resulted in still higher targets being set for business divisions in the following period“.

These two are aimed at one side of a picture, but what some sales people will know is that this is already a disjointed part. Before I go into this, there is one more quote that needs to be mentioned. It is “Despite its shares losing almost a quarter of their value since the irregularities surfaced in April, it is still Japan’s 10th biggest company by market value. It was created by a merger in 1938 but its roots date back to 1875 and it was one of the companies that turned Japan into an industrial power“, so these irregularities have been part of something already for months, in addition, from an article one day earlier we get “The report said much of the improper accounting, stretching back to fiscal year 2008, was intentional and would have been difficult for auditors to detect“.

The last paragraph alone implies that like with Tesco, this system could not be done without massive ‘support’ from accountancy firms, moreover in all this, we have to wonder if anything will be achieved, especially as PwC (Pricewaterhouse Coopers) seems to have fallen off the view of journalists, and as we have seen no news from the SFO (Serious Fraud Office) since December 2014, we can ask in equal measure, whether the now sparkly news on Toshiba will go anywhere at all. Is it not interesting that PwC added 64 new partners three weeks ago, they get all the limelight as we read “Luke Sayers, chief executive of PwC Australia, congratulated the new partners on their appointment, praising their outstanding professional expertise“, whilst at the same time we get “IOOF has hired accounting giant PwC to review its regulatory breach reporting policy and procedures within the firm’s research division“, whilst in all this, PwC should still be regarded as the number one problem, as for a long time Tesco’s ‘issues of monetary matters‘ ended up getting overstated by well over a quarter of a billion, and so far it seems that either the SFO is nowhere, it is hushed or it seems to pussyfoot around PwC as the PwC marketing engine goes on like there was never a glitch in their seamless sky to begin with.

Now it is important that the entire PwC issue hits the UK, so a global company like PwC should not get hindered by one rotten basket, especially as they have dozens of baskets. Yet as one basket was regarded to have gone ‘rotten through’, the fact that there remains a system of silence, gives way to ask the question why PwC should be trusted at all and in that light, in the case of Toshiba, how intensely damaged the accounting business has become, you see Tesco and if we go by the words of Sheldon Ray of the Financial times we see “non-GAAP earnings per share that were more than 100 per cent higher than its GAAP numbers in the last quarter. Another reported 2 cents a share non-GAAP profit vs $1.41 per share loss under GAAP in one quarter” (at http://www.ft.com/intl/cms/s/0/f07720d4-c9b1-11e4-b2ef-00144feab7de.html#axzz3gWXJGSSF), so how deep goes all this? This grows in light when we consider ‘Richard Bove on Fannie Mae’s Accounting Irregularities‘ (at http://www.valuewalk.com/2015/07/fannie-mae-accounting/). Not a number one source, yet consider the quote “The result of their work is a conspiracy theory concerning the government takeover of Fannie Mae in which the public has been lied to concerning Fannie Mae’s financial condition in 2008 and in subsequent years“, this is linked to the work by Adam Spittler CPA, MS, and Mike Ciklin JD, MBA, MRE. Spittler is a Senior Associate at KPMG and Ciklin is an investor in a number of start-up digitally based companies, so we see that there is at least some Gravitas with these people, now add to that the information from the Washington Times (at http://www.washingtontimes.com/news/2015/mar/11/fannie-mae-recklessness-risks-future-financial-cri/), where we see ‘Mortgage giant hired unqualified auditor with conflict of interest for critical position‘ and “Nearly seven years after it was bailed out from the housing market crash, mortgage giant Fannie Mae is still engaging in behaviour that could precipitate future financial crises and taxpayer losses, a government watchdog warns in a report to be released Wednesday“, which was an article from last March. Now, the fact that this is not ‘new’ news is not the issue, what is the issue is that there is an almost Global act of blatant disregard, leaving the people the feeling that accounting seems to be set to levels of intentional misrepresenting companies for the need of bonuses and the ‘Holy Dow’. The fact that the activity against such transgressions is seemingly kept of the table in these economic times will only grow stronger unrest.

Yet, is my view correct, is it not me that is in error? Let’s face it, One in the US, one in Japan and one in UK does not a conspiracy make, it does not reflect on some non-existing criminal empire based on the quill, ink and parchment (as accounting used to go in the old days). What is an issue is how on a global scale governments seem to act or not act is matter for discussion, yet in all this external forces have been at work too, let’s face it that the US in 2008 was a place of desperation, even as it is now still on the ‘to-be-regarded-as-bankrupt’ even governments will make weird leaps when they are pushed into a corner. In my view, the fact that the bulk of global accounting is pretty much in the hands of half a dozen accounting firms remains cause for alarm and PwC is in the thick of many events. Including the 40 million property scandal surrounding Xu Jiayin last march.

Yet back we go to Japan, the land of yummy Sushi and as it seems shady bookkeeping. You see, there is no way to tell how deep Toshiba will get gutted, if Tesco is any form of indication, there will be a massive backlash, If 256 million leads to a well over 3 billion drop in value, what will it do to Toshiba? More important, with Japan so deep in debt, would it push Japan over the edge of bankruptcy? Let’s not forget that Japan hung over that Abyss a few times and the US seemed to have ‘intervened’ in favour of Japan in the past, in this case, that might not ever be an option again. For those who think that I overreact, think again. Tesco lost value factor 12. Now, we all agree that this is extremely unlikely to hit Toshiba to that degree, but what happens when stockholders walk out? Now consider that Toshiba is amongst the 10 largest Japanese companies with a global reach that equals IBM, that whilst Japan has a debt of $10 trillion, the fallout will hit Japan (again). To give view to the next part, I need to revisit a part I mentioned in the past. Let us take a look at the following example:

In week 10 a salesperson makes a sale, knowing it will not be a solution, during the next week that customer gets managed all over support and after a week, they escalate and communicate with the customer on solving it, a week after that the customer gets the apology that there is no solution, but that the customer will get a full refund, case closed.

Week 10 Sale made
Week 11  Support starts
Week 12 Escalation
Week 13 No resolution
Week 15 Refund

Now the part, the sale was made, in Week 13 no resolution, now we leave one quarter and go into the new quarter, the refund will not affect the sales person’s bonus, nor will the sales target be affected due to negative sale.

This is based on actual events, now think of the impact when this is not mere sales, but 1.2 billion in sales. Did this happen? I cannot state that all of the funds were done in that way, but consider the impact of increased sales and the people who enjoyed their bonuses from that (if that happens in Japan).

Consider the quote “blamed on management’s overzealous pursuit of profit“, which we get from the ABC article (at http://www.abc.net.au/news/2015-07-21/toshiba-top-executives-quit-over-us12-billion-scandal/6637976). Now add to that the quote “underlings could not challenge powerful bosses who were intent on boosting profits at almost any cost“, so how was the profit boosted? You see, this is not just an auditing issue, when we look at these large companies and the way that sales are arranged and forecasted, consider the events involved. To name but a few

  1. Leads
  2. Contacts (the consequence of a lead)
  3. Forecasting (the consequence of contact and the push for sale)
  4. Sales registration (Scopus, Salesforce, SAP)
  5. Accounting
  6. Reporting

Six iterations of paper and electronic trails that had to handle 1.2 billion in virtual revenue to some extent. Even if the leads cycle was avoided (by going through existing customers), there are other divisions that needed to be aware of a large non existing sale. You see, twelve hundred million dollars makes for a massive amount of monitors, laptops and other items Toshiba makes. Even over time, flags should have been raised on several levels, so when I read “The report said much of the improper accounting, which stretched back to 2008, was intentional and would have been difficult for auditors to detect“, which implies that the intentional misdirection was done over 6 iterations, which means that the group involved was a bit larger than we read in the articles at present. More important, how well did the Auditors seek in this regard? Which now takes me back to the reference I made earlier regarding “PwC added 64 new partners“, so how good are these ‘senior’ players? Making someone a partner, so that they can be misdirected by a senior partner would be equally disturbing. The fact that Toshiba falls through just like Olympus did, in a place where these events are regarded as ‘shocking’ according to investigating lawyer Koichi Ueda does not make me any less nervous. How institutionalised is overstating revenues on a global scale? You see, this is happening a lot more than many realise and even though many are not found, it does not mean it is not happening next to your own place of business. Now we get back to the issue I raised regarding Fannie Mae. The fact that it is not unrealistic that the government looked the other way here is still a fact we must consider. More important, are the two parts not mentioned in any of this. The first is linked to the issue I reported on January 30th 2013 (yes over 2 years ago at https://lawlordtobe.com/2013/01/30/time-for-another-collapse/) in my article ‘Time for another collapse‘, I questioned the way the Dow did not just recover, it did so whilst places all around us were remaining below par for a very long time after that. Now consider the following speculative theory:

What if places like Fannie Mae used the ‘leave one in’ approach. So there were mortgage packages and derivatives. So, we have four properties that are doing fine and we add one worthless one to the mix. The package deal as the salesperson states. So the buyer ends up with a ‘value’ and whilst one part is ‘given’ without value, that person has a good deal, now consider that this one place is no longer a lost place, it is no longer a write off. Over time the market would recover with less losses, so is this truly an action that is virtually impossible? Moreover, if such a thing truly happens, would it be fraud? How could an auditor ever find the event in the first place?

This now links back to Toshiba, not just in how you push up 1.2 billion, but how to get it passing the view of a ton of auditors. In the case of Tesco, I personally considered the involvement of PwC from the first moment the news came out, there it was a less murky place because as supermarket chain their product goes to Joe and Jolene Public. That is not the case with Toshiba. Not only are they global, but with a power plant division (including the one that makes you grow in the dark) as well as medical equipment (likely needed for previous mentioned division), Toshiba deals with consumers, corporations and governments, which on one side requires a lot more administration, but that administration would have the ability to go murky on an exponential level, which gives added value to the claim “difficult for auditors to detect” yet that gives option to two parts, is there a questionable level of administration, or are we confronted that the auditing partner in this case was a 28 year old recently promoted individual who now gets his/her first real large account?

Why these statements?

You see in all this, on a global scale, the law has failed. It fails because the rewards are just too good to pass up for those playing that game, the chance to get away with it and the option to keep at least a decent part of these earnings safe makes the option to do this again and again almost a certainty. The law has no bite and the corporations involved are too powerful to get smitten down, so this avenue will continue for a long time to come. In addition to this we ask what else is affected and why is there a tendency from the press to not keep these matters a lot more visible? Consider how much the Guardian and others reported in 2014, if you now Google ‘PwC Fraud SFO Tesco‘ we get nothing after December 22nd, what a Christmas present that is! What is funny that one other part showed up, which is Keith McCarthy, now director at PwC London, who was Chief Investigator with the UK Serious Fraud Office before that, so would it be mere speculation that the best way to avoid prison is to hire the police officer so you know where they will be looking? #JustAsking

I am only asking!

Anyway, with a wish for a better lifestyle, I will consider helping Toshiba to retrench their IP and Patents for a mere 0.4% of the value, now if I could only persuade my Law Professor to help me out, 0.3% for her and 0.1% for me, I should end up with enough to buy http://www.cooperbrouard.com/St-Peter-Port/Ridge-House-property/3835453 and retire in a relaxing way!

I agree that I could do better, but then I was never a greedy person, which is a failing the Toshiba executive clearly lacked.

 

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July 19, 2015 · 21:03

Getting back on the horse

Finally a blog article from me that is for the most all about my view of gaming  (because there is nothing interesting about reading stories regarding Varoufakis being a sore loser in the Guardian).

We all have these moments where we go shopping, whilst there are no funds available. A situation I have been very familiar with, yet we still go browsing in many places to see whether there is something to work towards. This certainly describes my case and as I found out soon thereafter, I got myself into a mingled world of facts and none facts a lot more than I bargained for. So what started this?

I’ll be honest, ever since the release of Elite: Dangerous I have been living on the edge of my previous addiction. It is one of the most loved games I had ever played. I still think back with utter fondness playing this game on the CBM-64. Wireframe and low resolution were at the core of a game that offered such fun, its challenge and entertainment that left its mark on me ever since. I played the remake on the Amiga somewhere in the 90’s, but the original was still the soul breaker for me. With David Braben making the ‘now’ version for today’s PC environment and by adding not just a galactic map, but by almost mapping the ENTIRE galaxy, this game is now an entirely new revelation and because Sean Murray keeps on not giving a release date for his upcoming masterpiece No Man’s sky, my desire to play Elite: Dangerous increases. It is however not that simple, my PC (which still works excellently) is now 9 years old, so it cannot deal with today’s gaming. As I stated, there is no way to afford a new PC at present, which is why I kept on browsing.

Now we get to the issue: The amount of gaming systems out there appear to be a joke! I lost two days getting back into the field I had high expertise in, but as I moved to consoles (as keeping up with gaming PC’s became way too expensive, even when I had my good income), the market moved on (as it would) and I learned that changes had been many. Now, for the most I understand it all, but the diversity to learn what is needed to know is one that a non-hardware savvy person, gamer or not, is one that could boggle the mind.

It took me two days to get back onto the level of knowledge I once had. Even now, there are still diminishing gaps.

So, why is all this an issue?

Well, even though the graphics card was always an issue, in my days I moved from a Diamond Viper (which was top of the market in 1998) to a NVIDIA GeForce 6800 card (in 2005), which was again pretty high up (and not cheap), at this point I could game pretty much anything, I had the top of the range SoundBlaster and a good screen and I could game and compute my life away behind my desktop.

Now gaming has changed. For one, it is no longer really about sound cards, the system board has all it needs for gamers, so we are left with the proper processor, the right amount of memory and the graphics card. This is where the issue starts. The diversity of graphic cards is now a jungle, how can any parent choose the right system for their kid, or for that matter, how can any newbie gamer select the best card for their needs?

I can tell you right now that many shops are truly lacking in knowledge there. When you go to online places (which is an initial MUST), you get a boatload of options too. System prices range from 999 to 4299, so where is the best choice? In the middle or at the far end? Questions that many do not have and others state: ‘the more expensive the better’ (which is a truth to some degree). You see, at some point I decided to stay one hardware iteration behind, so that I could game at a very high level, yet needing a decently less amount of money. That truth in gaming remains to be an almost absolute truth. There is a new property in play, one that was never a real issue even 5 years is now a massive part, it is about the noise level of the graphics card as some of those bad boys make noise when they are working, which is not that dissimilar an issue from the Xbox 360 DVD drive and fan noise. So getting a quiet system is worth it. A lesser item is the power consumption of such a card, which at maximum uses as much energy as two PS4 systems in full gaming mode and at the price of $999 (just for a graphics card), that bad boy costs the same as two PlayStation 4 systems. So is gaming on the PC worth it?

That is the question you must ask yourself, especially considering that gaming will take another bang in hardware in 3-4 years, even as you might only need to replace the graphics card, you see a devaluation of 25% a year. That is the part many people are not always considering, which fair is enough. Now, the truth is that if you see some games like Skyrim, where some mods were made to truly blast the hell out of the word pretty, as an RPG fan, I would fold like a bad poker player at the mere sight of the created graphics, yet, I never felt that Skyrim was anything less than amazing on a console, and I knew that the PC was a lot better.

Fortunately for me Elite: Dangerous does not require the most massive card, so that system is a lot less unaffordable than any new system, but unaffordable it remains, so what is this about? First of all, people need to really take a look at what they are willing to afford online before walking into a computer shop. Places like http://www.pccasegear.com and http://www.mwave.com.au/ (for Australian consumers) are good places to take a first look. When you see the prices you are in for (that is before you add the keyboard, mouse and display), you need to see what the graphical needs will be, and moreover, how some games perform. In this I relied on http://www.tomshardware.com/  in the past and it is still around. It is here where we would read “In the graph, MSI’s card is listed at 34 decibels. This is done to represent just how quiet the Twin Frozr V solution really is. The meter wouldn’t register a reading two inches from the rear panel, even when the fans started up“, that is indeed one part that matters, another part is frame-rate, so how smooth is the game, this site gives us that too, although one setback is that Tom does not seem to test all resolutions whilst the new gamers all want 1440p and a few now demand 4K resolution performance graphs, but the new upcoming cards will likely show that too.

There are other sites that give good independent review of cards, just be willing to spend an hour looking at the different places before you go shopping, I have tried a few conversations out there and I can tell you now that these places (read: shops) are often devoid of true inside knowledge on cards, finding one gamer amongst that lot is a treasure, but also a hindrance, as you might find yourself overspending a bit sooner and a little more than you expected.

In all this, PC gaming will remain and there is no reason why it should not, but in this day and age that part is too often forgotten, and electricity, especially in the UK does not come cheap. The amount of gamers not considering their electricity bill is growing on a daily basis.

For example, 9.429p per 1kWh, 600W PSU means 0.094 x 0.6 x 24 = £1.35 per day, meaning that your gaming PC (if you keep it on all day) will cost you £495 a year alone. The Australian example is harder as energy suppliers seem to REFUSE to give out clear pricing, only when they know all your facts will they give you any information, making them slightly less reputable than the ice dealers in Kings Cross. So if we go by the same system and a 20c per KwH, we get: 0.2 x 0.6 x 24 = $2.88, which amounts to $1042 a year on power to the gaming system alone.

You might think that this is trivial, but in this day and age, in these moments, you better consider shutting down your PC. A friend of mine got scared as he got his quarterly bill, he now shuts down the computer properly. It is one of the running costs of gaming that people forget as they think it does not matter, and when you are renting in a university dorm it might not, but when you work, you are not working to be the bitch of Energy Australia, or EDF Energy for that matter, are you? At least UK power (www.ukpower.co.uk) gave me some decent prices to work with.

How does this relate?

Getting back on the horse is a term we see ourselves confronted with, because the term ‘is the juice worth the squeeze’ is becoming a predominant question in gaming, not just in PC gaming, the fact that several high profile cases have changed the industry is linked to all this. When we see Assassins Creed: Unity, with needing gigabytes in patches, where a game almost a year old is still receiving patches (number 5 was released 3 days ago). The gamer’s view of quality demand and the industry of lacking the ability to meet even the minimal requirement here is also affecting the choice of gaming system. Why spend $4200 on a system that will require patching for a year? And that game is not alone. Arkham knight is now treading that same line, an industry inherently unable to even meet basic expectations. And even though Witcher 3 exceeded expectations wildly, the new patch is massive at 7Gb and as Forbes is informing us (at http://www.forbes.com/sites/davidthier/2015/07/18/theres-a-problem-with-the-witcher-3s-new-patch/), where we see “the new patch means that The Witcher 3 doesn’t perform as well on either the Xbox One or the PS4, dipping down to 20 FPS fairly consistently in some of the game’s busier locales” gives clear indication that PC gaming is however much desired a path that is riddled with issues at a price so much higher than the console world.

So even if it were possible for me to get back on that horse, I have serious doubts whether the juice will be worth the squeeze, because at $4200 ($1999 is a more realistic choice in decent gaming PC’s) I would demand a decent level of perfection in gaming and even though the hardware meets it, it seems more and more clear that the industry is no longer able to meet these expectations, so even though I will require a PC at some point, my old one still (thankfully) suffices for non-gaming purposes and gaming on a PC is no longer truly surpassing the joy of a console.

Many will not agree with me on the latter and that is just fine, some will get great gaming on their PC when it comes down to World of Warcraft and League of Legends, yet when we consider the following headlines ‘Battlefield 4 – what can we expect from the summer patch?‘ (July 10th 2015), ‘Batman: Arkham Knight PC Version Fixes Not Coming Until Fall‘ (July 16th 2015), ‘The Huge Witcher 3 Patch Is Rolling Out Over The Next 24 Hours‘ (July 17th 2015) and the least said about ‘F1 2015 Errors, Crashes, Bugs, Performance, Low FPS, and Fixes‘ the better, with 2 patches within a week (including a day 1 patch) and as stated “PC community still seemed to struggle to get a decent gameplay experience” the question is not just about the massive cost of hardware, the issue becomes, if this industry does not up its game by a lot real fast, will there still be a long term future for these less affordable gaming PC’s?

 

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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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