Category Archives: Law

The choices made for us

Yes, that happens. It happens all the time. We vote and the elected people make choices for us. We support charities and that allows them to save who they think are important. These are choices that happen, to some degree with our consent. In the other hand we are confronted with choices made FOR us, without permission and without consent. And there the problem starts, we cannot make all our decisions and all our choices, in this we also set a larger stage that we can never control, and that is where the issues begin. 

In the first stage we see ‘Covid misinformation on Facebook is killing people’, the article by the BBC (at https://www.bbc.com/news/world-us-canada-57870778) gives us “The White House has been increasing pressure on social media companies to tackle disinformation”, which is nice, but utterly useless. As I see (as a Republican) that there can never be freedom of speech without accepting the accountability of what we say. To put it mildly, I wrote ‘The accountability act – 2015’ On June 4th 2012, almost 10 years ago I saw the solution that all the high and mighty lawyers are steering clear from. My thoughts never became reality, and you might wonder why not? When we see today at the BBC “Earlier on Friday, White House Press Secretary Jen Psaki said Facebook and other platforms were not doing enough to combat misinformation about vaccines”, I am stating that people like Jen Psaki are wording the thoughts of people who are at times too stupid for everyones good. We need to accept that solutions like Facebook are mere publishers here, the people uploading their views are to be held responsible for what they say, but politicians for well over a decade refused to do so. I get it that there should be freedom of speech and freedom of expression, but in that same setting those freedoms need to be enriched with  accountability. 

In the second stage we see ‘Under the skin of OnlyFans’, also by the BBC (at https://www.bbc.com/news/uk-57269939). There we see “Soon Tina was making $2,000 (£1,450) a month and able to rent her own flat. But in January, a hacker seized control of her account, blackmailed her for $150 and uploaded streams of IS terror videos”, as such we see “one of the million content creators on OnlyFans”, yet how much is revealed on the terrorist that resorted to blackmails. So the BBC and others are all about the OnlyFans part, but only (in passing) the BBC mentions blackmail and terrorism. So how much is there on that hacker and has that person been arrested yet? We can optionally see that Tina takes accountability for HER material, but who holds the terrorist accountable? 

Then there is level three, which comes from the Dutch NOS. There we see (at https://nos.nl/nieuwsuur/artikel/2389685-zo-opereert-de-digitale-maffia) ‘This is how the Digital Mafia operates’. The articles gives us “We were able to listen in on a piece of negotiation between a Dutch security company and a hacked company. The online criminals are so professional that the negotiators work in team services. They even seem to use scripts during the negotiation – as if you were calling a customer service”, they even give a video on how a ransomware kill chain is operated by seven different groups, and the US president Joe Biden is all about blaming social media, instead of hunting down these digital criminals with optional targeted kill orders. 

As I personally see it, our freedom has been given away hiding behind ‘freedom of speech’ posters, and the freedom of expression for digital criminals is to get every penny they can get. No one is held accountable for their actions. A choice made FOR us, against us and in opposition of our safety and freedoms. 

So how does that sit with you?

Yes, we might see one side of the table, all whilst the other side is covered with a table cloth. And the Dutch version matters, in this age, after criminals executed the crime journalist Peter R. De Vries the public might get angry enough to force the issue and that gives us a new stage, the dozens of criminals feeling safe in the Netherlands might suddenly lose that freedom of action because of the acts of a person allegedly acting for (or in response) Ridouan Taghi. I reckon that it will take time to ascertain one or the other, but the public does not wait, they will act in loud response and that might be just the coin toss a few people are hoping for and especially the digital crime circles dreads, they are all about white collar crimes, all whilst the response is well above their heads and others will respond in kind, even criminals will react, all to push the limelight away from them. This is the response we get to have in a world of ‘freedom of speech’ without accountability.

In a world where no one wants to pay the bill for what they caused. This might be most visible on Covid and disinformation, but soon enough the Trumpists (drummers as well) and others will see the consequence of action without accepting the liability attached to it. Even now as life in the US becomes close to unliveable, we see that politicians are allowing QAnon speakers to take the limelight. You think the age of Donald Trump is over? Think again, as long as there is a lack of accountability is continuing this wave keeps on going on. 

And the opposition? That is easy, it will not take too long, but the intelligent people could pick up their IP and take it to Canada, the UK and the EU, when that happens and the US Credit card is considered too overdrawn, the stage of life in the US will soon change and not due to a heatwave. In 2021 $15 billion in drugs patents will expire, the year after $36 billion more, and over the next 5 years the US will see well over $20 billion in technology patents expire and now consider that an estimated $25 billion in patents move somewhere else, an economy with an immediate write-off that goes optionally beyond $100 billion lost. Now consider what happens to your credibility when your collateral is diminished by 100 billion? The US might need a new song, one that is different from blaming big tech, they are keeping the US economy alive. All drenched in choices made for us, made for us all. Yet how many of them were made FOR us? And this is not merely about the US, when they go under so does Japan and soon thereafter the EU as well. Do you still think that freedom of speech is the real saviour? It is a one sided coin of a larger stage that ignores the other side of that very same coin. 

Good luck!

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Only death is flawless

I crossed a BBC article this morning that I had to mull over in my mind. I didn’t want to ignore it and to blatantly answer on the spot seemed wrong. The title ‘FBI failed to investigate USA Gymnastics abuser, watchdog finds’ is pretty damning to read. And it does not stop when we see “Numerous missteps and cover-ups by FBI agents allowed his abuse to continue for months after the case was first opened, the report found”. I particularly noticed “numerous missteps and cover-ups”, a setting we always face in every walk of life, but to see it in the FBI corner is a little weird. There is also “the Department of Justice Inspector General found that despite the seriousness of the allegations against Nassar, the FBI field office in Indianapolis dragged its feet in responding”. Here we see ‘dragged its feet’ and I wonder what else the 119 page report had to offer. The report gives us from the start an account from Stephen D. Penny “During the meeting, among other things, Penny described graphic information that three gymnasts (Gymnasts 1, 2, and 3), all of whom were minors at the time of the alleged sexual assaults, had provided to USA Gymnastics. Penny further informed the FBI that the three athletes were available to be interviewed”, so we have 3 accounts, from minors this was in July 2015. Then on the next page we get “The MSU Police Department Learns of Nassar’s Alleged Abuse and Executes a Search Warrant on Nassar’s Residence in September 2016”, so there is a level of inaction for 14 months. Perhaps inaction is the wrong word, the endangerment of minors was unanswered for that amount of time. We also get “FBI’s Lansing Resident Agency first learned of the Nassar allegations and opened its Nassar investigation on October 5, 2016 (neither the FBI’s Indianapolis Field Office nor the FBI’s Los Angeles Field Office had previously informed the Lansing Resident Agency of the Nassar allegations)”, as we see there is now a stage of seeming inactivity for almost 15 months. There we get the larger issue “The Lansing Resident Agency ultimately discovered over 30,000 images of child pornography on the devices seized by the MSUPD during its search of Nassar’s residence”, so we get two issues, not only was there a larger stage of inactivity, the criminal in question had 15 month to do away with ‘30,000 images of child pornography’, we can only be thankful for the arrogance of some criminals. Even as I am on the fence mainly as the mention of the word ‘child pornography’ 30 times, yet on page 55 we also see “The audit indicated that, on May 5, 2016, the week prior to the call from the Los Angeles Field Office, the Indianapolis SSA accessed eight FD-71s in an electronic file which we determined, by the case number, to be an FBI Indianapolis “zero classification file” for child pornography cases that are no longer being investigated. None of those files concerned the Nassar matter”, there are a number of issues with that statement, but I am also willing to admit that there is a larger stage here and the lack of details do not make Nassar guilty, yet the lack of details and the the added “The Indianapolis SSA told the Los Angeles SSA that he had created a formal FBI complaint form (FD-71) in 2015 to transfer the Nassar allegations from the Indianapolis office to the Lansing Resident Agency; however, the Los Angeles Field Office, the Indianapolis SSA, and other FBI employees stated that they searched for the FD-71 in the FBI’s computer system but could not find it. The OIG also found no evidence that such a document had been sent to the Lansing Resident Agency in 2015” at the top of the file gives us a few more items.

Consider the gravity, now consider “The OIG also found no evidence that such a document had been sent to the Lansing Resident Agency in 2015”, an issue with serious criminal gravity and there is a lack of follow up, which gives me the feeling that this was more than ‘dragging their feet’, this was in my humble opinion an event to shovel something this serious under the carpet. When we add the events around Jeffrey Epstein and Ghislaine Maxwell, there is a larger stage that  nearly every walk of law enforcement seems icky about, and the fact that most of them have kids comes across as massively weird to me.

This is seen on page 16 where we see “Under federal law, law enforcement personnel who, “while engaged in a professional capacity…on Federal land or in a federally operated (or contracted) facility,” learn of “facts that give reason to suspect that a child has suffered an incident of child abuse,” including sexual abuse or exploitation, “shall as soon as possible make a report of the suspected abuse” to the appropriate law enforcement agency” this gives us a few issues and there we see where the failure takes a much larger turn, are certain abusers protected? Yes, it is highly speculative, but after Epstein, is that such a stretch? The timeline shows that this started on July 28th 2015, he was in the end arrested on November 21st 2016, so he was left ‘unattended’ to for well over a year. In addition, children were left in danger as he was released on a bond. It took a Wall Street Journal reporter who send an alarm light on January 17th 2017. The timeline also gives us that on February 8th 2018 we get “including its claim that the Indianapolis Field Office provided its findings to the Detroit Field Office”, so was this falsifying records? It is a leap, but not quite the leap we think it is. Yet the most damning part is seen on page 26, a part the BBC does not really give us (no blame to the BBC). It is “Both the Indianapolis ASAC and the Indianapolis SSA told the OIG that Penny was instructed twice during the July 28, 2015 meeting to report the Nassar allegations to local law enforcement where the violations were committed, as no apparent violations occurred in Indiana.” Some might say that this was passing the buck, but the frame of accusations is a lot larger, the direct flaw of this is what I would call ‘Clarification, Verification and Follow up’. In a stage where the lives of children are reported to be in danger (or any serious crime for that matter), do you really think that a phone call or a direct email is too much? When IT systems fail again and again, relying on one part is jut too dangerous and that flaw is found in nearly all governmental systems, not merely the ones in the USA. And the ‘excuse’  that we see with “Penny was instructed twice during the July 28, 2015” which is in this document, all whilst the surrounding events. This report (at https://oig.justice.gov/sites/default/files/reports/21-093.pdf) shows a larger failing, and the issue is not pounding the FBI, although there is some entertainment found in having a go at Christopher Asher Wray merely for the need to boost ones ego. Yet the larger stage of that document is that this event is as it is documented a much larger treasure trove for governments to see, check and verify how their own systems are holding up to scrutiny. Yes, we know that plenty of nations have their own systems, but is this document used as a template to see if there are flaws in their own system? I wonder. 

Listen,. We can all have our Monday morning Quarterback moments, my larger issue is wondering how the US and other nations evolve their systems to prevent this from happening (again). I have always lived by the setting that ‘the person who claims to make no mistakes’ has either never worked or is lying. It is important to repair end evolve any system, any protocol and any procedure. It is essential for any evolving forward motion. 

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The Lawyer wins, the law loses

Yes, it is a stage that we will be seeing soon enough. As the lawyer wins, the law loses and tht is just the beginning. As we see ‘Apple loses appeal in Fortnite court battle’ (source: Australian Financial Review) there is a secondary stage that comes up. It is not immediately clear, but someone gave the reader by Jeff Dotzler in GC Consulting in 2019 ‘Will You Get Sued if Your Business is Hacked?’ There we see “Even though the company was able to restore the records, one of the affected clients, Surfside Non-Surgical Orthopedics in Boynton Beach, sued Allscripts in federal court. Surfside accused Allscripts of not doing enough to prevent the attack or lessen its impact and sued on behalf of all affected clients for “significant business interruption and disruption and lost revenues.”” Now consider that ‘significant business interruption’ can be replaced with ‘game score disruption’, a stage I saw coming a mile away. Epic Games did not  consider the stupidity of their actions and now, should they win they will soon face several, if not well over a dozen class cases. They cannot make some ‘we are not responsible draft’, the moment ANYONE at Google or Apple squeals the setting of the hack and it comes with the accompanied ‘We could have prevented that’ Epic Games is lost, it will cost them billions in settlements and lawyer costs. If you doubt that, consider ‘SolarWinds says unknown hackers exploited newly discovered software flaw’ (at https://www.reuters.com/technology/solarwinds-says-unknown-hackers-exploited-newly-discovered-software-flaw-2021-07-12/), so they just got out of one mess only to land in a new one and these people have a decently simple system, Epic Games will have to spend on protection that is several levels higher and I feel decently certain that it is not enough. The moment any profile is transgressed on whilst there was a purchase, that is the game, loss Epic Games and loose they will, a lot. 

Even as we are told “SolarWinds said the flaw was “completely unrelated” to last year’s hack of government networks”, it will not matter, another flaw is found and there is every chance that more than one will still be found. In this Forbes gives us ‘Why SolarWinds Is The Wakeup Call No One Heard’, it comes with “everyone talks a good game, but the very structure of American (and other businesses around the globe) makes it nearly impossible to, for example, deliberately and significantly reduce EBITDA to prepare for cyber warfare” and when you consider that EBITDA is Earnings Before Interest, Taxes, Depreciation, and Amortisation. You see the problem, it is not all, it is earnings before interest and depreciation that bites, earnings before interest is all earnings with cost diminishing this and too many corporate players tend to cut cost. In some cases they have no choice in the cloud a lot does not matter but it is transgressed on (according to some numbers) for almost 90%. And when you add that Amortisation is merely anther view of  depreciation the path is clear. Steve Andriole also gives us “The number of severity of cyberattacks will explode in 2020.  Cyberwarfare has now levelled the playing field in industry, in government, and in national defence:  why spend ten or fifteen billion dollars on an aircraft carrier when you can disable it digitally?” You think that this is about defence? Do you have any idea what 50 million whining gamers can do? EVERY ransomware player will target Epic Games and with an open Android and iOS setting they will succeed. I saw this when this all started in 2020 within 5 minutes, the short sightedness will hit Epic Games and others in a few ways. Think I am BS’ing you?  Consider that several sources gave you a month ago “Hackers Stole 780GB Data Including FIFA 21 Source Code in EA Hack” and EA has been in this game a lot longer than Epic Games has been. That is not evidence, but it is a setting that we need to consider and when Epic Games loses that data the class actions start, and it is not something that they can keep quiet (apart from that being a crime), the people will talk and the parties involved, including government parties will find a nice letter making claim to financial losses. The law source (see above) also gives us a link to the Ohio Data Protection Act. There we see “Under the law, damages cannot be imposed if a state court finds your company had a reasonable cybersecurity plan when a breach occurred and followed it to the best of your ability. Or, as the legislation puts it, the law is “an incentive to encourage businesses to achieve a higher level of cybersecurity through voluntary action.”” In this I offer ‘reasonable cybersecurity plan’, was it followed through? Was there a backup if it fails, was there consideration for cross platform transgressions? In this last part I offer to the older programmers 

IF(clipper)
  
ELSE

   …
ENDIF

Those who know will nod and consider what else Epic Games and others have forgotten, what happens when someone exploits a Sony flaw over the entire system, and at that point these companies have little to no protection. 

Which gets us to ‘when a breach occurred and followed it to the best of your ability’, but the suing side will argue that the breach could have been prevented on day zero, or even day -1, which will be their way of saying that they opened the system when they were not ready and that is another billion in class actions right there, and I agree with the stage that there will be enough cases that have no bering (just like the loot box cases in the media), yet Epic Games will have to hand to their lawyers to investigate them all, the hours alone will rake up millions and that is merely year one. The lawyer wins his bread and butter for a year (at the very least) and the law is up the creek without a clause. The law was never ready for this, so the going will be good towards the coffers of Epic Games, a looting box that requires time, not money. 

So when we go back to Forbes and consider “When I took the results to the CFO (to which technology weirdly reported), his only question was, “what’s all this going to cost me?,” which of course was the wrong question.” We see there setting, but I wonder who gave that same question to the Chief Legal Officer (CLO) with the question ‘What will this cost the firm?’, a question that he can decently predict when he considers 1-5 class actions and that result has to be scary and any consideration of future profit goes straight out of the window, not merely the legal costs, marketing will have to offer a whole range of products and services to stem the tide of people leaving for the next safer harbour, the most dangerous of all settings, and that is merely the beginning of year one as Android and iOS stores open. Forbes also gives a reference to Andy Greenberg (Wired Magazine, 2019) said about why governments have been unwilling to deal with cyberthreats: “More fundamentally, governments haven’t been willing to sign on to cyberwar limitation agreements because they don’t want to limit their own freedom to launch cyberattacks at their enemies.  America may be vulnerable to crippling cyberattacks carried out by its foes, but US leaders are still hesitant to hamstring America’s own NSA and Cyber Command, who are likely the most talented and well-resourced hackers in the world.” And this is not a government setting, Epic Games will be hit be greed driven and vengeance driven hackers as well as organised crime, a %5 billion company? With the state of cybercrime convictions? They are definitely on board. A stage Epic Games could have prevented from the start, but someone saw 30% of $5,000,000,000 and did the math, but whoever did the math was not ready for the tidal wave they would be inviting through that choice. In this, Forbes had one more gem, it comes from Nicole Penroth and ‘The hubris of American exceptionalism’, when we see “More hacking, more offence, not better defence, was our answer to an increasingly virtual world order, even as we made ourselves more vulnerable, hooking up water treatment facilities, railways, thermostats and insulin pumps to the web, at a rate of 127 new devices per second”, now consider that Fortnite is on Windows, MacOS, Switch, Sony, Microsoft, iOS and Android, they drew more than 125 million players in less than a year, do you think that there will be no flaws? And how many devices a second will that add to the equation? Do you have any clue what level of protection is required, even as Sony, Solarwinds, Nintendo and Microsoft have all been hacked even though they had nowhere near that level of complexity required. This was a dangerous situation from the start and gamers will soon have to seriously consider to remove any program that has an ‘open’ store, the cost will be too high for a lot of them. 

And that is not all, as Nicole spoke about ‘an increasingly virtual world’ the danger that open stores will mean that you either have a dedicated computer, or healthcare and safety products will not be considered to be insured in your house, when that happens we get a whole new level of nightmare, I can only imagine that setting, but I am clueless as to the impact, we cannot oversee that, not with an evolving IoT and 5G evolving before our very eyes.

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Murdered by politicians

Yes, that is the setting, the danger that a politician is getting you murdered. The evidence? Consider the setting we are given We are given “Google is being sued by 37 US states over policies on its Android app store, Google Play you might think that this is fair, but is it? The governments (US, UK, EU) they are all helpless to stop players like REvil and bitcoin miners. They say that they are on top of it, but consider asking the millions of Sweden that could not enter the 800 supermarkets close because of what was done. You see a trickle of events and that is good, merely a trickle, yet when the iOS and Android stores open up, it becomes a tidal wave. 37 states catering to the greed driven, they want to avoid paying their dues all whilst tax offices cannot properly adjust theirs, all setting a stage where the pathetic (Epic) can report that they are avoiding their 30%, but in all this the stage becomes that you will be transgressed on your data and your systems and it will not be a trickle, it will become a tidal wave of advertisements on gambling and deceptive conduct, with every game you have it will increase 200%, so with three games you are looking at an expected 8 times the amount of advertisement (Read: harassment and bullying). So when we see “It criticises the commission Google takes on purchases made within Google Play, which can be up to 30%, in line with Apple’s App Store policies and the stores of other rivals such as Amazon and Microsoft XBox” and there is the second party. These stores promise (and so far kept) all kinds of promises, when you are outside their store, it ends, your internet actions will go to the highest bidder, your system will have all kinds of advertisements and the people who screwed up the neat life you had will back away in the shadow, saying it is out of their control. 

That is how I see it, that is what I am speculating will happen. The moment that comes through, I will delete EVERY game I have, I will remove any third party that was offered to me, the price will be too high and find out how high it will be for you when you leave even one application on there. 

And in an interview (source: BBC) with Sundar Pichai we get “I asked about whether the Chinese model of the internet – much more authoritarian, big on surveillance – is in the ascendant, Pichai said the free and open internet “is being attacked”. Importantly, he didn’t refer to China directly but he went on to say: “None of our major products and services are available in China.”With legislators and regulators proving slow, ineffective, and easy to lobby – and a pandemic taking up plenty of bandwidth – right now the democratic West is largely leaving it to people like Sundar Pichai to decide where we should all be heading”, this fits as the interviewer is not giving the larger stage to what happens when the greed driven get involved, it tends to stream towards organised crime, because they are as entrepreneurial as anyone else, when it is about the green they tend to be a lot more innovative than any government has proven to be, and that is a setting you do not want on your mobile store, ANY STORE. So as Amazon, Apple and Google are turning them away, all the others are a lot less likely to do and for the alleged avoidance of 30%, so far I have not seen any third party player willing to do that. And consider the 10 apps you do have, when they give you the additional 1-4 advertisements, do you see any money there? No, I wonder where all that coin will go to, that I merely the beginning, after that it gets ugly in a hurry, yet at that point when we ask the names of the people involved in these 37 states that include New York, Tennessee, Utah, North Carolina, and Washington DC. How reachable will these people remain for answering questions? I am willing to lay a bet there that they will all vanish like snowflakes in a heatwave. What do you think?

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Greed and Law helping each other

I have written about it before, it is my point of view and my conviction. It is my setting that gives rise to what you could see, and gives rise to what you could know, you already did, but you seemingly decided to ignore it, you decided to enable the greed driven and all parties are smitten by greed, they call it different, yet as I see it, it is mere greed.

How it ends
The end is shown by the BBC (at https://www.bbc.com/news/business-57770557) with “It marks the first step towards the OxyContin painkillers maker paying out $4.3bn (£3.1bn) to settle cases related to the opioid crisis”, it was always about the money. There is an old saying “μυστήριον, Βαβυλὼν ἡ μεγάλη, ἡ μήτηρ τῶν πορνῶν καὶ τῶν βδελυγμάτων τῆς γῆς;” The book of revelations 17:5. Did anyone consider it could optionally reflect on Attorney General Letitia James from the state of New York? We might see and take notice of “While no amount of money will ever compensate for the thousands who lost their lives or became addicted to opioids across our state or provide solace to the countless families torn apart by this crisis, these funds will be used to prevent any future devastation”, will it though?

The method
We see ‘OxyContin is one of the most commonly abused prescription drugs’, and we see that it belongs to the Sackler family, the members who own Purdue Pharma, privately held. They are not guilty, yet they are also not innocent, greed drove them towards their billions, yet they are not the demons we all paint them to be, to not be innocent and to be a demon is to be a different cattle of fish and any Attorney General could tell you that, but they have the money and they all wanted the money, the real demon.

Culprits
Yes, there are culprits in this story. You see some sources give us that in 1996 316,000 prescriptions were dispensed, it grew to an impressive amount topping over 14 million prescriptions with an estimated value of $3,000,000,000. The issue we see everyone painting over is ‘prescriptions dispensed’, this is not something that a person can get, it needs a doctor and it needs a pharmacist. The top 5 are Walgreens Company, CVS Health, Walmart, Rite Aid Corp and Krogers company. They own a little over 25,000 stores and around 113,000 pharmacists. There are ere players in the game. Yet how many Oxycontin did they hand out? How many doctors did these prescriptions?
You see, the interesting side is not what we see, but what we saw on TV in 1978, it was an episode of Lou Grant and that episode (season 2 episode 1 “Pills”) shows us the larger station that plays here and THEY gave the people (government also) the goods 20 years earlier. We all want one demon, but there was not one, there were a truckload of them, but the US government cannot fill their pockets there.

Innocence
It is the first fatality in any war, there is no exception and this is not different. The Sackler family is not innocent, but they are not the guilty demons that the media and the flaming screamers claim them to be. It was simple and it was out there. 14,000,000 prescriptions and only doctors can make them. Yes, we see “lawsuits regarding overprescription of addictive pharmaceutical drugs” yet it is given out by doctors and it is handed out by pharmacies. Yet the New Yorker in 2020 gives us “Purdue Pharma played a “special role” in the opioid crisis because the company “was the first to set out, in the nineteen-nineties, to persuade the American medical establishment that strong opioids should be much more widely prescribed—and that physicians’ longstanding fears about the addictive nature of such drugs were overblown”, I get that and we should understand that, yet in this (at https://www.justice.gov/opa/pr/opioid-manufacturer-purdue-pharma-pleads-guilty-fraud-and-kickback-conspiracies) we also get “Purdue also paid kickbacks to providers to encourage them to prescribe even more of its products”, so who were those providers? Who received these kickbacks? We are not likely to see those are we, we will merely see words like ‘settlement’ and ‘undisclosed parties’, innocence was the first victim to fall, none of the players were innocent. And the government is equally guilty. The NPR (at https://www.npr.org/2020/12/22/949309266/doj-sues-walmart-over-unlawful-distribution-of-controlled-substances) gave us in December 2020 “The Justice Department is suing Walmart. In a civil suit filed today, the Justice Department alleges that the company’s pharmacies and warehouses helped fuel the opioid crisis. Walmart’s pharmacy chain dispensed billions of opioid pills, including OxyContin and other highly addictive medications. And this lawsuit claims that the company broke the law hundreds of thousands of times”, so that took a decade? And when we consider ‘broke the law hundreds of thousands of times’, how come that store is still open? And it is Brian Mann who gives us “according to the DOJ, Walmart did exactly the opposite, filling huge numbers of unsafe and illegal prescriptions, allegedly doing so for years without alerting the government”, and there we have it, the crux of the Lou Grant episode, the evidence that set the caper in motion in 1978, but that is not all, the article also gives us “NPR has been looking into this. And we found that some of the company’s own former pharmacists tried for years to raise the alarm about allegedly illegal activity. Ashwani Sheerin (ph) is a pharmacist who worked for Walmart in rural Michigan. He told NPR he saw real red flags”, not all pharmacists are evil, but we see the stage of revenue pushing, it is greed in action and when we see ‘tried for years to raise the alarm’ we see that the Justice department is not innocent either and the media is not innocent either. A stage where they all love revenue, circulation and ringing the bell loudly was apparently not an option. So whilst we see “had reached an agreement with Purdue that would see its owners, the wealthy Sackler family, pay an additional $50m”, I wonder where Walmart is in this and with them a whole range of pharmacies. Because it was never Walmart alone, not with an annual 14,000,000 prescriptions.

Solution
There might not be one, but us all recognising that Justice reacted well over a decade too late, that is as I personally see it, the FDA dropped the ball, likely more than once, especially as this has been going on for years, optionally well over a decade. And it is Attorney General Letitia James with “prevent any future devastation” who has the ball now, I wonder if she drops it, or hands it over to someone else, as NPR gives us pointing the finger at Walmart, but they are not alone and the records of the FDA are also in question. When I look into ‘Federal Regulations for Clinical Investigators’, I wonder if it helps investigations, or slows them down.
You see Oxycontin is a schedule 8 drug and we get “Doctors must follow state and territory laws when prescribing oxycodone and must notify, or receive approval from, the appropriate health authority”, you see this matters as pharmacies need a doctors prescription, so which doctors were behind the 14,000,000 annual prescriptions? 

So there you have it, I made no claim that the Sackler family was innocent, they are not, but they are not the demons we see them to be, this is a much larger problem and it was left unchecked for well over a decade, or there was at the very least a decade of inaction and too many filled their pockets and yes the Sackler benefitted, but they were not alone, Walmart was part, but there too they were not alone and the doctors who prescribed these pills, what is their price for a prescription? As I personally see it, the law enabled greed to continue for too long, the law and greed enabled each other, and the end is still not in sight, no matter what Attorney General Letitia James and in this she is not alone either, doesn’t San Francisco, Los Angeles, Chicago, Boston and Philadelphia not have any Attorney Generals? Where were they in the 2000-2021?

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Choices by media

We all have them, we all have choices, believes and convictions. The media has them as well and they are entitled to them. I never objected to their choices, I merely want them to have accountability towards their actions. To kick this off, I need to confess. I had difficulties believing Bill Cosby was guilty. I went with what TV fed me, his character, his demeanour and I will admit, I was taken in by all of it. I saw the jokes, I saw the accusations and when we got ‘Bill Cosby released from prison after sex conviction overturned’ my mind went to different locations. I am unsure. Yes, I accept “The court ruled that the prosecutor who brought the case was bound by his predecessor’s agreement not to charge Cosby”, it does not make him innocent, yet why would any prosecutor come with an “agreement not to charge Cosby”? From a legal point of view it strongly implies that the prosecutor had no evidence to begin with. If the evidence was there, that promise would never be voiced by any prosecutor. And this got me thinking on Kevin Spacey. When we see “Kevin Spacey accuser who tried to sue anonymously is dismissed from case” (source: ABC) and we are given “A US judge has dismissed all claims by one of two men suing actor Kevin Spacey over alleged sexual misconduct in the 1980s, after the plaintiff refused to identify himself publicly” that is a voiced 50% loss, 50% went out the window just like that. And that is merely the beginning. The media is now in a much larger stage, a stage of denial and a stage of their big mouths that could land them an 8 figure settlement, optionally 9 figure, but that is a stretch. You see, at the height of the ‘House of Cards’ he was cast out, thrown away and that show was the talk of the town. Now we see the impact of the media and their need for a pound of flesh. So when we consider ABC giving us “The other plaintiff, actor Anthony Rapp, said he was 14 in 1986 when Spacey engaged in an unwanted sexual advance with him during a party at the actor’s home. Spacey, 61, has denied CD’s and Rapp’s sexual misconduct accusations. His lawyers did not immediately respond to requests for comment”. Did it happen?  I do not know, but in legal settings evidence matters, flaming opinions do not. Yet for an issue to wait 20 years until Kevin Spacey has his golden moment sounds off by a lot. And is no one asking what a 14 year old person is doing at a party? There might be a valid reason, there might not be, yet the lack of information in the media makes me wonder. A media that is too much about flaming and too little about informing. So I am not upset with Netflix when we see “Spacey starred in Netflix’s House of Cards before Netflix severed its ties with him after sexual misconduct accusations surfaced in 2017”, Netflix had to protect what was theirs, and there was damage, but in all this the media flamed that damage and when we see “the man known in court papers as “CD” said revealing his identity would cause “sudden unwanted attention” and be “simply too much for him to bear””, I have an issue, this could be a blackmailer hoping to cash in, ‘could be’ being the operative part. More important when we consider ‘10.83 The Sixth Amendment to the United States Constitution provides that in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him’, a simple foundation and when I see “Peter Saghir, a lawyer for CD, declined to comment on Thursday” I wonder what had gotten into Peter Saghir. It is speculative of me to think that the case with just Anthony Rapp was too thin to proceed. Yet the media is not looking at that picture or any picture that has the shown image as a picture in picture. And it is Reuters who gives us “Peter Saghir, a lawyer for C.D. and Rapp, declined to comment on Thursday. He has suggested that C.D. might pursue an appeal if his case were severed from Rapp’s”, so he is willing not to be ‘anonymous’ when Rapp is off the charter? It gives us a larger stage that the Rapp case is thin, optionally too thin. And that is when Kevin Spacey will made the 8 or 9 figure claim, he lost that much and that is the ball game and when the media gets that much of a claim, the game changes, the wolves become crying chihuahua’s trying to hold on as much of that money as possible, in a stage where every penny counts, losing over a billion if not well over ten times that much pennies will make them suffer, and with all the BS I have watched over the last decade, the media could do with a little suffering. 

Some people are all about Bill Cosby and Kevin Spacey, I am on the fence because we are lands of law, evidence is part of that and when the media is all about emotional flames, it tends to be the setting for a lack of evidence. Yes, this is speculative, but in that I have been proven right a lot more often than I was proven wrong. 

So what is next? 
When you see the flamed accusations against Spacey and Cosby, all whilst the media is going with excuse after excuse against Ghislaine Maxwell, daughter of dead media mogul Robert Maxwell. It seems that the media seems to be a protective shield for anyone with strong ties to media. So when you see the slams against these two gentlemen and we see ‘SHAMED Ghislaine Maxwell was left “broken” by her “horrendous childhood”’, ‘Ghislaine Maxwell’s prison cell flooding with raw sewage’ and more, yes she is so sad and so broken, but these people cannot afford a ‘$1 million home paid for in cash’, can they? When you have enough money to get a “4,300-square-foot house sits on 156 acres of land, at the top of a half-mile driveway” (source: NBC News), things do not add up. Especially as her daddy forfeited (read: default) on £50,000,000 in loans and went yachting. Yes, poor, poor little Ghislaine. 

Do you see the problem? The media has two measures and none are holding evidence too high and in all this we become the flock that relies on flamed materials, too often devoid of evidence.

So when you see this and we reconsider the hack (Kaseya) and now we add Government Security Info (at https://www.govinfosecurity.com/kaseya-ransomware-attack-this-dramatic-escalation-a-16996), I wonder what is true (I really do wonder) they give us “There’s one big question that hasn’t been answered, says Tom Kellermann, head of cybersecurity strategy at VMware Carbon Black. “Who gave REvil the zero-day?””, yet Fortune dot com gives us “The Dutch Institute for Vulnerability Disclosure said it had alerted Kaseya to multiple vulnerabilities in its software that were then used in the attacks, and that it was working with the company on fixes when the ransomware was deployed”. So one side gives us ‘zero-day’ the other gives us ‘multiple vulnerabilities’, as well as ‘it had alerted Kaseya’. Yet no one will give us how long this was known by Kaseya, how long the issue was out there and for how long Kaseya did too little in protecting their customers? The media is on both slots and the lack of voiced investigations are staggering, so when will we get the real deal, the state of matters drowning in facts and evidence? 

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Mercy on stupid people?

In this age when we have 8,000,000,000 people walking around, should we show mercy on stupid people? I am not talking about people with some mental disorder, I am not talking about people with a speech impediment or people with a physical disorder. No, I am talking about people with a  greed disorder, a mental stage of everything is for free. Should we allow them to be alive? It is a serious question. You see, the BBC gives us ‘How hackers are using gamers to become crypto-rich’ (at https://www.bbc.com/news/technology-57601631) and the BBC adds to the stupidity to put a picture of a nice girl there, although these transgressions are most likely done by well over 90% males. The list “Versions of Grand Theft Auto V, NBA 2K19, and Pro Evolution Soccer 2018 are being given away free in forums” implies that. You see NOTHING is for free, and nowadays, the sun might be (for now) the only thing that comes for free, but air is close to no longer free. In the last decades we wasted air quality to such a degree that more and more need oxygen and that stuff is not free and not cheap. So when I see “hidden inside the code of these games is a piece of crypto-mining malware called Crackonosh, which secretly generates digital money once the game has been downloaded. Criminals have made more than $2m (£1.4m) with the scam, researchers say.” I reckon that this goes far beyond the UK borders and as such the revenue will be a lot higher, in addition, the stupid person thinking that they are getting a free game are using electricity like there is no tomorrow. So any gamer having anything from a 750W Corsair to a 1200W Asus Thor will be donating $0.50 – $0.75 a day per PC to that criminal group. And that is the best news theory, if they leave the computer on and unattended the price could go up by 200%-400% a day, which means that this free game is costing you a lot more, optionally buying that game in the story will cost you $48 at Amazon, implying that you will pay for the game more than once after 15 days, if you are lucky after 20 days. So how free was that game? You might not pay for the electricity yourself but it will reflect in the bill and mom and dad will hold your PC up for ransom if you do not pay the electricity bill. 

So far two places out of a lot more gives us: 

United States: 11,856 victims
United Kingdom: 8,946 victims

As such the $2m is delusionally optimistic, the damage is more than likely a lot higher, especially when we see 

When Crackonosh is installed, it takes actions to protect itself including:

disabling Windows Updates
uninstalling all security software

And that was merely the better news, when you consider elements like

computer slowing down
wearing out components through overuse

You end up with the short end of the stick, and you better believe that it is a lot shorter than you hope it is. So should I feel mercy when a stupid act degrades a persons PC, sets the cost of living a lot higher per week, but that does not matter, does it? You got a free game out of it!

There is one side that bothers me, it is the quote “Tracking the hackers’ digital wallets has revealed the scam has yielded over $2m in the cryptocurrency Monero, Avast says”, it is the part ‘hackers’ digital wallets’, wallets is plural, as such there is every chance not everything has been found and there is even a much larger chance that they will find one group and have several groups walk away, because they were never spotted, and they were optionally a little more clever than the other players. The damage I a lot worse, yet when it comes to stupid people, I do not mind, more game time, more original game time for me. And this is merely the first setting, you see, I took notice because it flushes the one element out into the open. I touched on this with “I believe that it is a first step in the overly effective phishing attacks we face, Facebook might not be part to that, but I reckon the phishing industry got access to data that is not normally collected and I personally believe that Facebook is part of that problem, I also believe that this will turn from bad to worse with all the ‘via browser gaming apps’ we are currently being offered. I believe that these dedicated non console gaming ‘solutions’ will make things worse, it might be about money for players like Epic (Fortnite), but the data collected in this will cater to a much larger and optionally fairly darker player in this, I just haven’t found any direct evidence proving this, in my defence, I had no way of seeing the weakness that SolarWinds introduced. It does not surprise me, because there is always someone smarter and any firm that has a revenue and a cost issue will find a cheaper way, opening the door for all the nefarious characters surfing the life of IoT, there was never any doubt in this.” I wrote it in ‘Not for minors’ in December 2020 (at https://lawlordtobe.com/2020/12/18/not-for-minors/) and anyone (read: Epic) with claims that they will stop this, would be lying to you. Criminals are massively intelligent and their opponents (police and FBI) are not equipped to deal with this, that is beside the manpower shortage they would face. So when you get to slide between stupid kids and greed driven short sighted IT solutions, the people are about to lose a bundle, for the tech criminals it will be Christmas for them 340 days a year (with 25 very well paid holidays).

And that was just the beginning, how long until these easy virtue characters offer games with even more powerful ways to mine? A version of some merge 3 game but now utilising 95% of your processor 100% of the time? It will not interfere with receiving calls, it will not interfere with laptop, tablet and other device, but you become the pawn in a need to mine and it will cost you a lot more than you think. How long until someone combines screensavers and locked screens with the old SETI program and let devices mine the truckloads out of massive data files and we all contribute for every downtime minute every day? That was the danger that greed driven Epic contributed to (as I personally see it), that is the danger that we all face, and it gets worse. You see Yahoo told us ‘Epic is deliberately keeping ‘Fortnite’ off Microsoft’s Xbox Cloud Game service’, isn’t that interesting? The cloud is their competitor, so they want to open up all the markets for THEM, but they are not that eager to hand their game to a streamer where they cannot collect as much. As I personally see it, it is about their margins, it always was and as such I personally consider their case to be a bogus one, but they opened a door, a door criminals will be eager to use, so how long until they offer Fortnite cheats, Fortnite chests with weekly prices, hardware and skins? It will be the gateway to more systems and the law is not ready and the makers of games will find out too late that the floodgates had been opened. That is how these events usually go, but in the end it will not cost them anything, because they will cover all third party solutions and it will be up to the gamer (and their parents) to pay that price. 

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Blame Canada

Yes, we remember the song (some of us do), yet we never thought it would go this far, to this extent and to this degree. I thought I was angry when I wrote ‘Faith by the hypocrite’ on June 7th (at https://lawlordtobe.com/2021/06/07/faith-by-the-hypocrite/), 215 children and now, we see ‘751 unmarked graves found at residential school’ (at https://www.bbc.com/news/world-us-canada-57592243), and ‘Hundreds of unmarked graves found at Canadian indigenous school’ (at https://www.reuters.com/world/americas/canadian-first-nation-finds-751-unmarked-graves-former-residential-school-2021-06-24/), so where is the rage, where is the media with their unnamed sources and accusations like they did with Saudi Arabia, they had no evidence then and they are openly ignoring it now. There is no hounding of Cardinals, chasing of Bishops and a lot more is missing, but this is a stage I NEVER ever expected to happen in any Commonwealth nation, mass murder, a mass murder that involved the clergy and optionally members of the law and government as well. When I see “An indigenous group in the Canadian province of Saskatchewan on Thursday said it had found the unmarked graves of up to 751 people at a now-defunct Catholic residential school, just weeks after a similar discovery rocked the country”, I also fail to see a mass of people hunting down the Catholic church and it’s so called ‘benevolent’ actions, how benevolent was it to the hundreds of people, almost a thousand in two locations. This is not a failure, an error. This was as I see it intentional misplacing people, optionally for financial gain, optionally murdered. And at this site we also see “It is not clear how many of the remains detected belong to children, Cowessess First Nation Chief Cadmus Delorme told reporters, adding that oral stories mentioned adults being buried at the site, enforcing my view of intent, children and adults do not die in an accident and as Al Jazeera even gave us “Pope Francis expresses ‘pain’ after remains of 215 Indigenous students found, but does not offer apology long sought by residential school survivors”, we see a failing, a very large failing from the Deacon at the bottom to the patriarch of paedophiles at the very top and we all just sit back and watch it happen. If our first impulse is to protect the children (any children), the waves of inaction I see is darn right unnatural and when did we ever embrace unnatural actions?

And when I see ““Canada will be known as a nation who tried to exterminate the First Nations,” said Bobby Cameron, Chief of the Federation of Sovereign Indigenous Nations, which represents 74 First Nations in Saskatchewan. “This is just the beginning.””, at this time I tend to agree and the lack of arrests is just staggering, so how long until 2-3 head honchos of the Catholic Church are ‘relocated’ to a nice place in Vatican city? 

And there is also the issue with the media, I see a lack of media supporting Bobby Cameron. Yet I also see something familiar, it was 40 years ago that I saw Brubaker, it was one of the first Robert Redford movies I saw, and it had an impact, but not to the degree it should have had and now when I think back towards Accomplices to the Crime: The Arkansas Prison Scandal by Tom Murton and Joe Hyams, I am hit by some of the similarities and I am massively surprised that so far I seem to be the only one making the link, the train of thought that people in ‘assumed power’ had in those days, taking coins left right and centre is baffling, how the aftermath of then seems to be similar to what we see in Canada now and the media is not all over it. How weird is that?

I also see a lack of media asking questions of the Catholic church and I see a lack of actions all over the place, but I do acknowledge “We are treating this like a crime scene”, the entire article mentions the word Crime twice, how odd is it not? I also see the political need and savvy when we see ‘Justin Trudeau fires back at China after it calls to investigate Canada’, yet the stage of almost 1000 corpses in Canada is one that no one in the Commonwealth ever saw coming, an approach to genocide, but Justin Trudeau had a beard, it might be his one upside to the Covid era. The man looks better with a beard. I do get his response, but it was the wrong one to give at this time. You see it is all well and good to give us “a Canadian truth and reconciliation commission had worked from 2008 to 2015 to address the mistreatment of the indigenous population”, yet they failed to find the two hundred and fifteen and the seven hundred and fifty one dead people in that time, so I reckon Canada has a larger issue and this becomes the this large event that involves the Catholic church, as such the gloves need to come off and the large non-accountability events for the clergy needs to stop, as well as making the church tax accountable, the cost of digging into the past is growing and the church has had enough mulligans (with or without a blessed golf club). And as I personally see it “there may have been markers for the graves at one point but that the Roman Catholic church, which oversaw the cemetery, may have removed them” that some people were aware of the criminal activities and decided to hide what they could. Yet, as I see it, the larger stage is unmentioned, the media has too much to gain by not mentioning speculated optional Catholic Criminal Events. And my evidence? Considering that Google search reveals 225,000 hits on ‘Bobby Cameron’ in all this (total of both events), and the journalistic farce called ‘Jamal Khashoggi’ with no evidence had 10 times more hits on the international stage within 2 days. Oh, that is before we get to UN essay writers (Agnes Callamard) giving us their speculated view with ‘CIA conclusions’ in all this, how active has she been in regards to the Canadian events? I will tell you “Bobby Cameron”+”Agnes Callamard” gives you ZERO hits on Google search, so what is going on with the rights of the people that are part of the Canadian First Nations group? 

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In earlier news

This partially reflect on what I stated yesterday in ‘The stage of what is’ (at https://lawlordtobe.com/2021/06/20/the-stage-of-what-is/), it is however now that I take notice of news that Reuters gave us on the 18th. There we see ‘China must develop unified, open-source smart car OS -ex-minister, now for the most it comes to be in the ‘bla bla bla’ shape. I never much cared about cars, but for some reason I took notice of ‘China must develop’ (at https://www.reuters.com/business/autos-transportation/china-should-develop-unified-open-source-smart-car-operating-system-says-ex-2021-06-18/), for the most, I do not care, but the notion of that part of the sentence made me stop and read the article. There we see “the world’s biggest auto market, should develop its own unified, open-source operating system (OS) for smart vehicles, as well as auto chips, to maintain its advantage in the electric vehicle (EV) industry” there was nothing to disagree with, it is in any national interest to further its goals whether it is China, the US, India, the United Kingdom or Australia, we all have national interests. Yet when I took notice of “China should learn from the United States’ curbs on Chinese technology companies and boost its independence in vehicle-related technology” the cogs in my skull started to spin, which took more alarm to “U.S. President Joe Biden in April said the United States must ramp up production of electric vehicles to catch and surpass China”, which was interesting as I thought that the US (with all its marketing) was ahead of China in that field. So we have a different setting, one wants to catch up (and Democrats do not do that too well, all talk and no achievements tends to do that), China wants to make more headway optionally unbalancing the automotive industry even further. Yet it is the end that gives us “The Harmony operating system of Chinese telecommunications firm Huawei Technologies Co Ltd (HWT.UL) can be used in vehicles as well as smartphones” and that is the killer. I talked about that yesterday, I stated that HarmonyOS was a much larger problem and now we see the direct impact in a second industry, all whilst the Democrats (Republicans too) want to wage war on BigTech, yes, when was that EVER a good idea? So you are gearing up for the marathon and the first think you do is shoot yourself in the foot, now we see that the idiot athlete is shooting itself in both feet, so where do you think that athlete will end? Wanna buy a wooden spoon for the awards? 

Yesterday I also referred to an earlier story from 2020, where I mentioned “if HarmonyOS catches on, Google will have a much larger problem for a much longer time. If it is about data Google will lose a lot, if it is about branding Google will lose a little, yet Huawei will gain a lot on the global stage and Apple? Apple can only lose to some extent, there is no way that they break even”, now it seems that this was less accurate, and ‘if HarmonyOS catches on’ should be replaced with ‘as HarmonyOS is catching on’, you see if China gets the advantage there, it can offer that solution to Germany, France, Spain, Italy and the UK all fighting to gain the upper hand in Europe. Do you think that they will ignore the HarmonyOS solution whilst the US is marketing itself ahead without evidence of actually being ahead? The damage to Google and Amazon will add up a lot more in this way and as HarmonyOS gains momentum, it will also gain momentum in 5G domotics and smart-wear. Yes, the Americans will say no, no, no, we already have something, so buy OUR solution. Yet the numbers from Tom’s guide (less than a month ago) give us: 

And now compare that to Statista from September 2020, yes there is momentum but when you are trailing by 80% to number one, you have a massive problem.

Consider that Australia is wielding a 5G solution 300% faster than the US, do you think it does not matter? Think again, the US is desperately behind nations it used to look down on and China is ahead, by a lot and with the HarmonyOS trump card (also a card Donald Trump handed them) the headway that China is making in 5G will change the setting of who Europe aligns with, they have no choice, their debts are crushing them and China would be a way out, so at what point will the US dump the BigTech BS that is largely its own fault and was created and grew as the other players became complacent? We can now use the line the US tended to use against all of us against them

Winners talk, bullshitters walk

A stage they set in motion and fuelled by relying on buying IP (and viagra) and not working hard to keep innovative ahead of the game, now they get to see the other side of the equation, one where they are in line to lose industry after industry because the shots were called by stupid people. How is that working out for them? So as President Biden is trying to create a united front against Huawei (China) he will be noticing that the armour used is less and less effective, as HarmonyOS matures (towards version 2), America’s only way is to find a solution with players like Google, Amazon, Apple, IBM and Microsoft and their BigTech front will have to collapse, or they need to accept that China takes all in the end. That is the setting and when politicians from both sides of the aisle are crying ‘regulate BigTech’ its own enemies within will delay matters more and more, which works out nicely for Huawei, so when France or Germany allows HarmonyOS (Germany is more likely), HarmonyOS will sweep the landscape from automotive to 5G domotics and that is just the start, the backset for Google will grow. The issue is that Google still has options and the lag is not that large, but in that setting US politics need to grow up and wake up, the latter part is more important at present. So whilst we needed to take more notice of earlier news, the news that was earlier and needed to be properly addressed was in 2020 and that was not done, and now the US has a massive problem in multiple fields, so how is that coming across? And as the Daily Telegraph apparently gave its readers two days ago that Trump admitted defeat, we see that the former American El Jefe was almost 6 months late in learning simple top-line statistics, so what happens when this president is unable to learn from those blunders and make matters worse? Lina Khan is merely a first step (which I am not blaming her for), but not the only step. When we see losers crying foul (at https://lawstreetmedia.com/tech/google-asks-court-to-narrow-scope-of-rumbles-antitrust-case-in-mtd/) on the setting of ‘monopolisation of the online video-sharing platform market’, all whilst Tik-Tok (a Chinese invention no less), grew by well over 110%, in addition to the stage that YouTube was bought in 2006 by Google and they made something real from it (they bought it for less then $2B) and it made them $20B in 2020, so a decent invention, all whilst Rumble came 7 years after YouTube and is a Canadian solution almost no one has heard of, so they seemingly try to make their money in court (as I personally see it), and this wave of crybabies is stopping US innovations, you see if these players had true innovation they would be in the game, Tik Tok came three years after Rumble and surpassed them (almost overnight), and is now valued at $250,000,000,000, which is the impact of innovation. It is time for the US and its FTC to stop whinging with BS court cases and have a larger look at the industry and the impact that others have, especially when they should not need to waste time in courts. 

The US wants to be number one, but in the process has no issues tying the hands of people who can make that happen behind their backs, how will that ever result in any option to win? 

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The stage of what is

Yes, we all have that and I am no exclusion, ‘what is’ is the first part of a question that is dangerous. The answer that follows tends to be subjective and personal, as such it is loaded with bias, not that all bias is bad, but it defers from what actually is. This was the first stage when I saw ‘Lina Khan: The 32-year-old taking on Big Tech’. Then we get “when it comes to unfair competition, there is one sector that has been singled out by Democrats and Republicans alike: Big Tech”, this is the beginning of a discriminatory setting. There are two sides in this and let me begin that Big Tech is not innocent, so what is this about? Lets add ““What became clear is there had been a systemic trend across the US… markets had come to be controlled by a very small number of companies,” she said”, now we need to realise that there are two parts here too, in the first she is not lying and for the most, she is correct. 

So why do I oppose?

The US, most of the Commonwealth and the EU all have a massive failing, they have no clue what they are doing. I have seen that side for over 30 years and it is the beginning of a larger stage. You see the big tech part needs to be split in two elements big tech and those who ‘use’ (or abuse) the elements of big tech. Big tech was more than the FAANG group (Facebook, Apple, Amazon, Netflix, Google), in the beginning there was Microsoft, IBM and Sun as well (there were a few more players but they were gobbled up or ended up being forgotten. When we see charts of technology and market capitalisation we see Microsoft in second place, so why is Microsoft left outside of the targeting of these people? Microsoft is many things, but it was never innocent or some goody two shoes, the same can be argued for IBM, IBM have been gobbling up all kinds of corporations in the last 20 years, so why is IBM disregarded so often? It it nice to target the companies with visibility towards consumers, but that puts Microsoft with more than one issue in the crosshairs, but they are ignored, why is that?

Then we get back to the BBC article (at https://www.bbc.com/news/technology-57501579) where we see “Her general criticism is that Big Tech is simply too big – that a handful of large US tech firms dominate the sector, at the expense of competition”, she is not incorrect, but there are more sides to that story. In 1997 I gave an idea to bosses (in a software firm) on consumers messaging each other and for a firm to be in the middle of that. Being a gateway and a director of messages and giving visibility to people of other matters (I never used the word advertising). It was founded on a missing part when Warner Brothers created (in partnership with Angelfire) a website hub. So fans of Babylon 5, Gilmore Girls and a few other series could Create their own webpage, they got 20MB for free and an address, like in Babylon 5 I was something like Section Red number 23 (I forgot, it was 25 years ago), the bosses stated that there would never be a use for that, it was not their business and there was no business need for something like that and 4 years later someone else created Facebook. Now I am no Facebook creator, what I had was in no way anywhere near that, but that is a side a lot of people forget, the IT people had no clue on what the digital era was bringing and what it looked like, so as they were unaware, politicians had even less of a clue. So when Google had its day (search and email) no one knew what was going on, they merely saw a free email account with 1GB of storage and everyone got on the freebee train, that is all well and good, but nothing is for free, it never ever is. 

As such a lot of companies remained inactive for close to half a decade, Google had created something unique and they are one of the founding fathers of the Digital age. Consider that Microsoft was clueless for close to a decade and when they started they were behind by a lot and there inaccurate overreaction of Bing, is merely laughable. Microsoft makes all these claims yet it was the creators of Google who came up with the search system and they got Stanford to make this for them, just look it up, a patent that is the foundation of Google and Microsoft was in the wind and blind to what would be coming. By the time they figured it out they were merely second tier junkyard vendors. And (as I personally see it) the bigger players in that time (IBM and Microsoft) were all ready to get rich whilst sleeping, they were looking into the SaaS world (diminishing cost to the larger degree), outsourcing as a cost saving and so on, as I see it players like Microsoft and IBM were about reducing cost and pocketing that difference, so as Google grew these players were close to a no-show and do not take my word for that, look at the history line of what was out there. In retrospect Apple saw what would be possible and got on the digital channel as fast as possible. Yet IBM and Microsoft were Big Tech, yet they are ignored in a lot of cases, why is that? When you ignore 2 out of 6 (I am not making Netflix part of this) we get the 2 out of part and that comes down to more than 30%, this is discrimination, it grows as Adobe has its own (well deserved) niche market, yet are they not big tech too? One source gives us “As of June 2021 Adobe has a market cap of $263.55 B. This makes Adobe the world’s 32th most valuable company by market cap according to our data”, which in theory makes them larger than IBM, really? Consider that part, for some reason Adobe is according to some a lot larger than IBM (they are 112th), so when we consider that, can we optionally argue that the setting is tainted? In a stage where there are multiple issues with the numbers and the descriptions we are given, the entire setting of Big Tech is needing a massive amount of scrutiny, and when I see Lina Khan giving us “markets had come to be controlled by a very small number of companies” I start to get issues. Especially when we see “there is one sector that has been singled out by Democrats and Republicans alike: Big Tech”. You see singling out is a form of discrimination, it is bias and that is where we are, a setting of bias and to some extent, we are all to blame, most of us are to blame because of what we were told and what was presented to us, yet no one is looking to close to the presenters themselves and it is there that I see the problem, This is about large firms being too large and the people who do not like these large firms are the people who for the most do not understand the markets they are facing. Just like the stage of media crying like little bitches because they lose revenue to Google (whilst ignoring Bing as it has less than 3% marketshare). 

The who? The what? Why?

This part is a little more complex, to try to give my point, I need to go back to some Google page that gives me “What is Google’s position on this new law? We are not against being regulated by a Code and we are willing to pay to support journalism—we are doing that around the world through News Showcase. But several aspects of the current version of this law are just unworkable for the services you use and our business in Australia. The Code, as it’s written, would break the way Google Search works and the fundamental principle of the internet, by forcing us to pay to provide links to news businesses’ sites. There are two other serious problems remaining with the law, but at the heart of it, it comes down to this: the Code’s rules would undermine a free and open service that’s been built to serve everyone, and replace it with one where a law would give a handful of news businesses an advantage over everybody else.

This is about that News bargaining setting. Here we get ‘by forcing us to pay to provide links to news businesses’ sites’, and I go ‘Why?’ A lot of them do not give us news, they give us filtered information, on addition to this is that if I am unwilling to buy a newspaper, why should I pay for their information? If they want to put it online it is up to them, they can just decide not to put it online, that I their right. In addition some sources for years pretty much EVERY article by the Courier Mail get me a sales page (see below), this is their choice and they are entitled to do so.

Yet this sales pitch is brought to us in the form of a link to a news article. It still happens today and it is not merely the Courier Mail, there are who list of newspapers that use the digital highway to connect to optional new customers. So why should they get paid to be online? In the digital stage the media has become second best, the stage that the politicians are eager to ignore is that a lot of the ‘news bringers’ are degraded to filtered information bringers. In the first why should I ever pay for that and in the second, why would I care whether they live or die? Do not think this is a harsh position, Consider the Daily Mail giving us two days ago ‘Police station is branded the ‘most sexist in Britain’ after investigations find officers moonlighted as prostitutes, shared pornography with the public and conducted affairs with each other on duty’, so how did they get to ‘most sexist in Britain’? What data do they have and hw many police stations did they investigate? There is nothing of that anywhere in the article, then we get to ‘after a series of scandals’, how many is a series of scandals? Over what time frame? Then we get to ‘Whatsapp and Facebook groups used to exchange explicit sexual messages and images have been shut down’, as such were the identities of the people there confirmed? How many were there? What evidence was there? All issues that the Daily Mail seems to skate around and ‘In the latest scandal, PC Steve Lodge, 39’ completes the picture. Who else was hauled to court and is ‘hauled’  a procedural setting in an arrest? When one rites to emphasise to capture the interest of the audience it becomes filtered information, it becomes inaccurate and therefor a lot of it becomes debatable. Well over a dozen additional questions come to mind of a half baked article on the internet, and they get paid for that? And as we consider ‘He was alleged to have’ we get the ‘alleged’ part so that the newspaper cannot be held liable, but how accurate was the article? That same setting transfers to Lina Khan.

The article gives us ‘or rather a perceived lack of competition’ as well as ‘markets had come to be controlled by a very small number of companies’, they are generalising statements, statements lacking direct focal point and specifications. In the first ‘perceived’ is a form of perception, biased and personal, ones perception is not another ones view of the matter. It is not wrong to state it like that, but when you go after people it is all about the specifics and all about data and evidence, as I see it evidence has been lacking all over the board.
And when we consider ‘markets had come to be controlled by a very small number of companies’ I could add “PetSmart has 1650 shops in the US, they could set the price for tabby’s on a national level, is that not a cartel foundation?” Yet these politicians are not interested in a price agreement of pets are they, it is about limiting the stage of certain people, but by doing so they will hurt themselves a lot more than they think. On November 14th 2020 I wrote the article ‘Tik..Tik..Tik..’ (at https://lawlordtobe.com/2020/11/14/tik-tik-tik/), where I wrote “if HarmonyOS catches on, Google will have a much larger problem for a much longer time. If it is about data Google will lose a lot, if it is about branding Google will lose a little, yet Huawei will gain a lot on the global stage and Apple? Apple can only lose to some extent, there is no way that they break even”, and a lot ignored the premise, but now as HarmonyOS has launched (a little late), the stage is here. When it is accepted as a real solution, Google stands to lose the Asian market to a much larger degree and all because a few utterly stupid politicians did not know what they were doing, more important Huawei still has options in the Middle East and in Europe. So the damage will add and add and increase to a much larger degree, especially if India goes that way, for Google a market that could shrink up to 20%, close to 2,000,000,000 consumers are per July 1st ill have an alternative that is not Apple or Google, that is what stupidity gets them. My IP will connect to HarmonyOS, so I am not worried, yet as I see it the Federal Trade Commission (FTC) better start getting its ships properly aligned, because if HarmonyOS is indeed a decent version from version 2 onwards the US tech market could shrink by a little over 22.4%, the US economy is in no way ready for such a hit, all because politicians decided to shout without evidence and knowhow of what they were doing, a nice mess, isn’t it?

The stage of ‘What is’ depends on reflection and comprehension and both were lacking in the US, I wonder what they will lose next. 

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