Category Archives: Law

October 21, 2017 · 12:14

Not the worst idea

An article hit my eyes this morning. First I was furious; this was easy as I had been set up with a lousy morning already. The one where you wake up knowing that bashing a person to death would be met with life in prison and the thought that this would be OK. I was that angry this morning! So, it is a given that you should not read certain news in an emotional state, but then I realised. ‘This might not be the worst idea‘. The article is ‘Marriage equality opponents call for broad right to discriminate‘ (at https://www.theguardian.com/australia-news/2017/oct/21/marriage-equality-opponents-call-for-broad-right-to-discriminate), you see, here we see the shortsighted, optionally two individuals who embrace the life of ‘Homo flaccidicus‘ (aka Homophobes). With “Monica Doumit, responded that the group “believes that no one should be coerced to use their creative talents to endorse a message with which they disagree”” we see opportunity. I will get to that later. And with “For example, we support the right of the many advertising agencies and meeting venues who have denied us service during this campaign to do so.” Monica Doumit opens a can of worms she would have been much better steering clear of. Tiernan Brady is right when he states that the comments showed the ‘No campaign‘ was engaged in was merely “a blatant attempt to unravel existing anti-discrimination laws which serve everyone in Australia well, not just LGBTI people”. Yet, Tiernan my friend, it might not be the worst idea. You see, Monica showed to be not the best intellectual mind and I will now lower my standards to meet hers. You see, these same people will not be forced into a different state, they forgot about their own self-interest in this. It will be their duty to loudly point at adulterers all the time and perhaps even stone them (I am opting for mandatory stoning). When you consider that amongst the penises and vaginas they know at least one out of three is involved with adultery (apparently that is what the statistics claim), so their foundation of friendship will be diminished by 30% at the very least (optionally for footy players this number allegedly goes up to 60%). So not only will they lose business to friends, the people that they are stigmatising will move to other grounds as well. So soon there will be no business left for them. Well, the Muslim community will, according to: “Sahih Bukhari (83:37) – Adultery is one of three justifications for killing a person, according to Muhammad.” be lowering the population soon thereafter as well. So house prices will dwindle down and I would like that too as I can’t afford a house in Sydney at present. So, getting back to the snakes and caves! When chastising the adulterers, as we read: “Mark 10:12 – And if a woman shall put away her husband, and be married to another, she committeth adultery“, so these people will have to point out even more weaklings (in their mind). With divorce being close to 40%, these ‘discriminating No sayers‘ will soon have no friends, no business and no future. And the nice thing is that if THEY do not do these things we can do it for them and put them out of business that way as well. You see, doesn’t the heavenly father massively frown upon hypocrites?

So what they claim is not the worst idea, because they are forced to adapt to standards that will make themselves pariahs to the open world and there is no turning back from that. Merely because we all hate hypocrites and as we realise that Catholic Priests with young boys are no more than sodomites committing adultery, we could hang them in the trees around St. Mary’s Cathedral. This is the polarised world the No-sayer wants, and as it will largely impact these people, let us try this solution for a while. Their defence is that they are not announcing violence, merely stating their belief. Yet they forget that stigmatising and refusing service out of the allowed path of commerce is basically Psychic Assault, which in my book translates as: assault is assault no matter how you slice it.

So as these outspoken ‘no sayers’ (a path they are allowed to) are moving into the field of the ‘broad exemptions to discrimination law‘, they pretty much dug their own grave. In the mere practicality of these events, yes there are people who are uncomfortable with certain settings and they might voice this. So that couple could move on, especially as there are well over 2200 photographers and dozens good photographers are chomping at the bit to get any job that is out there. You see, the Guardian also gives us: “He said a bill would be guided by three principles: “Firstly, existing discrimination in the Marriage Act should be eliminated; secondly, a strong protection for religious freedom should be provided; and thirdly, we should not reintroduce commercial discrimination in Australia.”“, we can agree that part one is not an issue, it should not affect anyone who is not into the LGBTI field and their happiness should not affect the hetero sexual population in any way. If someone claims that it does, they are more likely to have internal struggles on contemplating what happiness is in the first place. I have always been in favour of religious freedom and as such there should not be an issue for the most either. There will always be groups that are offended by ‘another‘ religion. We merely need to look at Ireland in the 70’s to see that happen and nowadays they are so accommodating to large corporations like Apple that they have seemingly forgotten about the ethical issues between Protestants and Catholics and is seems that this wave is now moving to France and Luxembourg as well. Now we get the final part. With ‘we should not reintroduce commercial discrimination in Australia‘ another can of worms is opened. You see commercial discrimination never ended, it merely got pushed into the corner where the light is low. The evidence is clear in nearly every shop and we see the impact every day, but we ignore the evidence. We the people, we the multicultural sexual community (homo and hetero) are getting great at economic discrimination and as such there remains an issue where, if not set out in the open and force the issue towards people like Monica Doumit this will gradually become a way of life and that is not what we want, moreover, it is one that we need to fight visibly and outspoken, because before we know it, we will have a world where anything not in the mind of a small group becomes the standards and the bulk of us move from being a citizen to be no more than a pariah. This is a real danger and that is why I took my example over the top. By forcing them to the letter of the exercise as they ‘unravel existing anti-discrimination laws‘, by making them act against their own foundation of values, they will soon learn that their view was not merely wrong, it was self-destructive. So as we push for that to happen, if these laws are ever adjusted, we can than also tackle to a larger extent the commercial discrimination that is still in place.

We end up getting two wins in the event, I merely wonder if we can pull it off whilst keeping casualties to a minimum. I am not convinced that the casualty list can be kept to a minimum, yet what would be clear is that the casualties would go far beyond the LGBTI group, which might show the other casualties on how unfair and unacceptable the forced life of an LGBTI person was in the first place.

So as I stated at the beginning, it might not be the worst idea. It merely is one that comes with a higher cost than most trying to instigate it realise.

 

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October 20, 2017 · 14:21

It starts with a wrong label

Yes, merely ‘the wrong label’ is the beginning of what we see (at https://www.theguardian.com/society/2017/oct/16/nhs-data-loss-scandal-deepens-with-162000-more-files-missing) when we see the press look at ‘loss‘ and data files. You see, when we see a million documents that have been removed, that whilst the media (in this case the Guardian) uses expressions like ‘went missing‘ and ‘gone astray‘ we need to worry about the media as a whole. You see this is nothing less than an optional cover up of intentional negligence, multiple acts of manslaughter and perhaps even mass murder. That is quite a leap is it not? You see, when 137 documents are removed and wiped from a system it is a clear cover-up. Just lose those and 925.000 other documents and you get a systematic failure and no one looks too deeply, because now we have an optional situation where MP’s can vie for a few billion to ‘fix it‘. Yet the levels of what went wrong and more important the fact that I myself had a solution available (which would require another year to implement) is exactly the solution that would be preventing this. By the way, this is not about me trying to sell ‘some’ solution. This is merely the application of common sense. We can all agree that a document can get lost, it should not, but it happens. After the loss, if the system is set up correctly, the loss could be recovered. That is when a system is properly set up.

Yet, the opposite is what we see now. Now, we get a mess that is even larger and no one has any clue on how to proceed.

This last statement requires clarification, because merely stating an issue, does not make it one. It is initially seen in the quote “Officials said that in the course of their inquiries, they had identified a further 150,000 medical documents that had been mistakenly sent to the outsourcing firm Capita by GPs; and a further 12,000 missing papers that had had not been processed by SBS“. So it involves several GP’s, which means that the infrastructure has either a systemic failure, or has been mishandled by those in charge. The document went out of the hands of the GP’s, and those who had no copies basically threw away the health of their patients. So what happened when it went to the outsourcing firm? They should still have the papers, or they have forward them to someone else. You see, 12,000 papers (with envelopes) is a large bundle of paper and that does not just go missing, someone received it, processed it and what happened afterwards? How was it processed? The systemic failure is larger when we consider “However, despite staff raising concerns, the firm – which is 49.99% owned by the Department of Health – did not alert the department or NHS England until March last year, 26 months later. SBS was then “obstructive and unhelpful” to NHS England in the inquiry it then instigated, the NAO found“. The 26 month period implies in my view that arrests and prosecution of staff becomes clear. Was that done? What were the actions of the Department of Health, the NHS or the DPP for that matter? 26 months of inaction, it is perhaps the first clear part in this that gives rise to my suspicions. The additional “SBS has paid £4.34m for the loss” gives rise to the fact that the negligence goes a lot higher up the ladder than we are shown. In a place where anything more than £10,000 requires autographs from people who usually cannot be found to sign for anything for months at a time, someone dished out £4 million plus to make it go away.

There is the foundation of mismanaged events that are also the stepping stones of endangering the lives of people. The alleged issue, or is that evident issue that there is more going on can be seen in the quote “People should be reassured that despite reviewing over 97% of the records that SBS failed to process not a single case of patient harm has been identified”, so how does the NHS spokesperson know this? 97% whilst hundreds of thousands of documents including treatments and health plans are missing, how are they so sure? It gives rise to my suspicions of something else. What else? I do not know and it is mere ‘conspiracy theorist’ waves to make any alleged setting here, but the setting in the end that we read about is not about prosecution, it is about an upcoming wave of spending that the UK government cannot afford at present, giving rise to even more issues to come. With “Jeremy Hunt must urgently come before parliament to explain what steps are being taken to ensure this does not happen again“, You see, the ‘happen again‘ part implies that it is clear how it happened in the first place and that is the part where the DPP should have visibly stepped in, and as far as we can tell this did not happen. In addition, with ‘what steps are being taken‘, there is an implied setting that there was a thorough investigation and that might have been part of those steps, yet that did not happen (as far as we can tell) and the fact that the mess was covered up for 26 months gives rise to my suspicions that this was not merely about records. We only need to loop sat the Pharmaceutical scandals in 2013 and 2017, the link to Aspen holdings and the fact that someone saw the option, through a loophole to drive prices by 4,000%. Perhaps that now gives more suspicion to so many documents being ‘misplaced‘. I am not implying that Aspen Holdings is involved in this (or implying that they were), I am merely stating that there have been larger bungles costing millions upon millions that might not survive the scrutiny that the light of day brings. With the Times and the Independent howling one side, the report of ‘lost’ documents is even more unsettling, because that now implies that the usage of certain medication is now only in the hands of the NHS, and they seem to be very uneasy of seeing certain numbers appear. Those numbers will still appear, but now possible on a whole stack of other medication, so that the impact of 3-5 medication suppliers remains unseen. So am I correct? Do not take my word for it and do not merely believe me, I am not asking you to do that, I am asking you to see the failure of these lost documents is a lot bigger than ‘merely’ one outsourcing firm, to lose this amount of paperwork require orchestration on a higher level, that is one part that should be pretty apparent. Yet that last part is still speculative in nature because with the loss of one side, reporting and data dash-boarding on the other side is not a given and may not be impacted, that is the part I will admit to, there are unknown sides in that part, yet the question and the speculative consideration remains in place.

Now, this is not a new revelation, In February and June we saw this news hit the papers and magazines. In all this the DPP remains unseen. When we consider the impact that the events are having and the possible dangers to people’s health, to see nothing at all in relation to Alison Saunders is pretty weird to say the least. It looks fine when she makes a speech regarding the expectations of the NHS on fairness. So as we see “Alison Saunders said the Crown Prosecution Service will seek stiffer penalties for abuse on Twitter, Facebook and other social media platforms“, we think she is doing her job and she is, yet she has yet to give us anything on the entire lost paper trail, the documents, the actions by the NHL and the outside resource. Is that not even stranger?

You see this all started in February with ‘More than 500,000 pieces of patient data between GPs and hospitals went undelivered between 2011 and 2016‘ (at https://www.theguardian.com/society/2017/feb/26/nhs-accused-of-covering-up-huge-data-loss-that-put-thousands-at-risk). With “The mislaid documents, which range from screening results to blood tests to diagnoses, failed to reach their intended recipients because the company meant to ensure their delivery mistakenly stored them in a warehouse” we get a new part. You see, stored does not mean lost, and this gets weirder with “NHS England secretly assembled a 50-strong team of administrators, based in Leeds, to clear up the mess created by NHS Shared Business Services (NHS SBS), who mislaid the documents“. So at this point 8 months ago, the DPP had a clear responsibility. You see when we look at the CPS we see (on their own website ‘the three specialist casework divisions are: the Specialist Fraud Division (which also incorporates Welfare Rural & Health), the Special Crime & Counter Terrorism Division and the International Justice and Organised Crime Division. They deal with challenging cases that require specialist experience, including the prosecution of cases investigated by the Department of Health and Medicines and Healthcare products Regulatory Agency‘ (I skipped the other departments), so we see here that there was a clear setting last February alone, the longer the inaction, the worse the damage becomes, that has been proven again and again.

In June we see ‘Health secretary forced to respond to urgent Commons question after withering NAO report on loss of 700,000 health documents‘ (at https://www.theguardian.com/society/2017/jun/27/jeremy-hunt-nhs-shared-business-services-data-loss-scandal). With “answer questions from MPs after a damning National Audit Office report found that the scandal may have harmed the health of at least 1,788 patients and had so far cost £6.6m“, we see one side, I expect the damage to be distinctively larger. You see the DPP (as well as the whole of the CPS) seemingly ignored “The private company, co-owned by the Department of Health and the French firm Sopra Steria, was working as a kind of internal postal service within the NHS in England until March last year“, so was this an experiment gone wrong? Was this a PLM error (product lifecycle management) on a massive scale and this does not stop with Sopra Steria, there was an increasing risk that CIMPA S.A.S was linked to all this. The operative word is ‘was’ as the DPP and her CPS seemingly sat on their own hands for at least 8 months, maybe even more. You see, my suspicions are taking me to the fact that the Department of Health knew more on a higher level. That suspicion is shown with “the NAO report pointed out that the DH had chosen not to take up two of the three seats in the boardroom it was entitled to as 49.99% owner of SBS“, so please tell me when was the last time that ANYONE in the department of Health was willing to pass up any boardroom seat. Even if the pay sucks (which it never does) it opens up networking avenues for people they never had before, to the ‘let’s not take this seat‘ would be completely out of the question, dozens at the DH would be chomping at the bits to get a leg up in visibility, so that is how I personally see this mess. When certain members steer clear, there is a larger issue and the DPP was fast asleep (or at least so it seems).

And now the plot thickens!

With: “The government’s response has been complacent and evasive. It’s still not clear how much public money has been wasted in this affair or how this private company is going to be held to account. It’s totally unreasonable for Jeremy Hunt to wash his hands of this when more and more details of his department’s failures keep emerging“, that whilst it had been known that up till 8 months ago £6.6 million was spend and it is not mentioned now is only the top of the issue. With the absence of Sopra Steria and CIMPA it seems that certain sides are pushed away from the centre of the room. It is equally seen when we see “Geoffrey Clifton-Brown, a Conservative committee member, said: “You tell us the bombshell that whilst on a trawl of local trusts you find another 12,000 and then you found another 150,000 missing items“, here I cannot tell whether the issue was raised or not (it was not in the Guardian article), yet there is no way that Geoffrey was unaware, a graduate of Eton and Freeman of the City of London. There is no doubt in my mind that he was aware of the links, the question is why questioning in this direction was not pursued and/or reported on. So when you might have been thinking that I was all about some ‘conspiracy theory‘ in the beginning. Do you still think so? The entire PLM issue is one that is not bathing in millions, but in billions as infrastructure crack more and more on the paper trails and reports they require PLM solutions are the only one stopping systems from collapsing overnight. In this regard even India is on par with the needs and CIMPA is taking every step to be the only player of significance there. So now some of the events make a lot more sense, do they not? You see CIMPA was on the right track, until AI becomes the path that solves certain issues, it will be about automation and data processing. For a lack of term ‘from paper to digital data without people’ is what is required as people are the drain on speed and the postal sorting machines had proven that side decades ago. In the end what exactly happened is uncertain and might never be known, especially as the DPP is seemingly still asleep in all this. Did the solution fall over, did the data collapse? We might never know, yet in all this the one part I left for the very end. With the mention of ‘private company, co-owned by the Department of Health and the French firm Sopra Steria‘ there is one side not mentioned. You see private companies have revenues and profits, these profits go to private individuals. None of the articles shed any light on those people involved did they? The DPP, the CPS, Vince Cable, and the Guardian made no mention of that at all and Geoffrey Clifton-Brown didn’t ask these questions either did he?

5 parties all with interests are avoiding looking into a direction to the extent that it needs to get. The fact that it happens under our noses is particularly interesting. I wonder what we will learn in a few weeks, especially as this 26 month ‘slicer’ is as quoted by Simon Stevens, the NHS’s chief executive to be dealt with in the next 5 months with: “This should be wrapped up by the end of March. End of March is a feasible goal.”

By that time what else will they not have looked at?

 

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October 13, 2017 · 18:47

Strike a match

In Australia, an island with plenty of drought and as we go into the really nice and warm season, a match is not a thing we look fondly off, yet the strike of the match as we see it in France, where it is now uncomfortably cold is another matter. So is it ‘Strike a match!‘, or ‘Match a strike?‘, the strike called on regarding labour reforms could be the one that sets flame to that nation and set flame to whatever growth economy the French think they have. Reuters (at http://www.reuters.com/article/us-france-reform-protests/frances-cgt-calls-another-strike-against-labor-reform-others-refuse-idUSKBN1CE2CH) give us “the more moderate CFDT, now France’s biggest union, and the Force Ouvriere preferring negotiations” these two are starting to figure out that the long protected labour rights in France are to ancient. With a mobile workforce all over Europe, it will soon be about taxable products and services no matter where they are and as such France is pricing itself out of a market of workers, faster and faster. The weird part is that France has so much to offer, so the fact that the economy is barely reaching +2% for the longest time is less puzzling and is more and more about the uncertainty that the labour laws are bringing entrepreneurs. Now, I am all for protecting the workers over greedy corporations, yet the draconian shape that it has in France is stopping new waves from moving towards France. French publication ‘the Local‘ (at https://www.thelocal.fr/20171009/france-how-tuesdays-mass-public-sector-strikes-will-affect-you) is giving us “with particular reference to the pay freeze and rise in social security payments, plus the government’s controversial decision to dock pay for the first day of sick leave (jour de carence) to fight against absenteeism“, this implies that former president Hollande has been asleep at the wheel. The changes imposed are to some extent to top the coffers from taking too much of a hit and with minus 2.6 trillion Euro the French coffers need all the help they can get. In this, many newspapers are all about how the appeal of President Macron is wearing thin, yet the bulk of issues that we see in a few fields are ignored to a larger extent. So, when was the last time that a corporate CEO got time with a national ruler to discuss national taxation? Because that is exactly what Tim Cook CEO of Apple seems to have been doing in France. With one source giving us “So, when Tim Cook meets with French President Macron, the matter of taxes could make for an icy situation between the two men. Macron has said he wants to promote France as a place for tech companies to set up shop, but he has also been critical about the role internet companies, in particular, play in society. Macron has been pretty vocal lately about how France and other E.U. countries should close up the loopholes that Apple and other tech companies have been able to use to move their earnings around to more tax-friendly countries, such as Ireland and Luxembourg“, is it a first indication that the French economy is in a much worse shape than expected? The fact that Tim Cook is visiting Élysée Palace not because President Emmanuel Macron is buying his wife the new iMac Pro (an assumption from my side). I am not thinking the worst of the French president, but the issue is questionable, especially as Apple is about to open a massive site in the Battersea Power Station, so as Apple (as I personally see it) is trying to spend the money twice, once by spending it in London and the second time by getting tax deduction for the amount just spend in London so he can get a second building for free in Paris. We see too many people in charge giving in to large corporations too easy and too often. Mostly merely getting it done for their ego’s whilst they sell short the needy coffers of their own nation. They present it as the cost of doing business. Corporations like Apple can merely offer to go somewhere else and the politicians fold like wet paper backs, no hard backs amongst them. As Apple is now getting the news to invest in several nations, $10B for a plant in Wisconsin, $500M in China and as we now see (at http://appleinsider.com/articles/17/10/10/detente-possible-between-tim-cook-macron-over-apples-future-taxation-in-france-eu) “Macron’s staff report that past tax disputes weren’t discussed in any way, but Cook acknowledged a sea change in how companies should pay taxes specifically where they are earned, and not in one country to cover the entire EU” is just one side, so as we also see “Apple continues to deal with a ruling by the European Commission, which will force a $15 billion payment of back taxes to Ireland —when the Irish government gets the disbursing fund established. Ireland disputes the ruling, and says that Apple has paid all of its required taxes. The European Commission is suing Ireland for the lack of collection, and to force the issue“, an issue that has played for the longest time. And every time when I see that politicians are ‘offended’ by the lack of payments I wonder how they are selling the lack of their treasuries to the Irish people. Ireland must be the richest nation in the world when it regards a non-paid $15B as not an issue. So whilst public services are lowering in Ireland and as we see “Sinn Féin’s Finance Spokesperson Pearse Doherty said, however, that the government has failed spectacularly with today’s budget and suggested it was a lie to suggest you can cut taxes and solve the problem of the health and housing crises” (at http://www.irishexaminer.com/breakingnews/ireland/donohoe-defends-tax-cuts-despite-growing-pressures-on-public-services-809339.html) whilst there is an apparent issue with Apple’s outstanding $15 billion, we need to wonder on who the politicians are actually working for and who pays their income. Questions the media seems to walk away from. Yet this was not on Ireland, this is about France and the labour issues. It seems that Ireland and France are labour opposites. As Ireland is showing itself to be more flexible than a slinky in a hurricane, France is showing their flexibility to be zero degree Kelvin, which could remain detrimental to the financial growth of France in more than one way.

So as France is now huddled into a posing form of strikes all over the place, we see that emotions run high, so high that the French decided to release teargas, so that the people could cry over the matter. So as we see the news that 450.000 travelers are feeling the consequence of the French not agreeing with the labour overhaul, we need to consider how its impact is on the long term. You see everyone forgot about Marine Le Penn. After she was not elected, all the people thought they had evaded having to bite the bullet, yet in all this; the issue is not what had been surpassed, but what can haunt again. Instead of the media trying to figure out and illuminate what Front National had in store, with actual answers to how the issue could have been solved, the media bombards Macron again and again, the issue is not what happens when Macron fails. The issue is that when the dust settles, there would not be a long election, the labour parties would jump on the Le Penn bandwagon in a heartbeat leaving no options for France at all. The entire ‘Status Quo’ debate could quite literally blow up in their faces and when the next smear campaign starts, the people will in unity ignore the media to the largest degree. So as we see the nonstop battering of the strike and how bad Emmanuel Macron is doing, they are equally ignoring the fact that none of the other politicians have any better a clue or an idea on how to solve certain matters, which means that Front National is currently swimming free setting up whatever they want. Because the people might have shared some enthusiasm with some young sprout now President of France, but that trick only works once. In opposition, I doubt that Marine Le Pen has a clear path on how to fix the economy. The IMF is actually assisting her as we see Bloomberg with ‘Raising Taxes on the Rich Won’t Necessarily Curb Growth, IMF Says’ (at https://www.bloomberg.com/news/articles/2017-10-11/raising-taxes-on-rich-won-t-necessarily-curb-growth-imf-says), yet even as we see “The IMF report comes as governments in advanced economies face a backlash against the effects of globalization and technology. Voters from France to the U.K. have expressed frustration with what they perceive to be the unequal benefits of free trade and open borders”, the bandwagon that the IMF offers is equally a much larger problem. Even when we ignore the actions of Depardieu moving to Russia, the media has bungled the events for the largest degree. You see, as I mentioned before, whilst media is staring at the ‘super wealthy’ and giving rise to emotions of more inequality in an age where the people are pointed in the wrong direction by the media at large. Yet this group is a mere 330,000 souls large last year and less than half a million cannot supply the multiple billions (read: Trillion) that the treasury is already short of and the IMF knows this. This is the UK, in France, where less than 1% pay at the rate of 45%, we see an implied group of a little over half a million making it into that group. The reality that the IMF is selling is not realistic and everyone with spreadsheet skills can see that such a small group cannot address the trillions of debt that France has, so as we see that growth might not seem to e curbed, the issue is that the infrastructures are starting to collapse. In the UK the NHS is pretty much the most obvious example, but in all this France has a few issues of their own and none of it will be resolved until there is a fair setting of corporate taxation for the larger players who leech their zero tax vie Ireland and other options; options that the local shops can never rely on, which growth business inequality even more and a lot faster. Is it not weird that the IMF is in total denial through carefully phrased messages like “When it comes to corporate income taxes, the trend in lowering corporate tax rates is a pervasive trend overall in the last few decades. That is something which is often attributed to tax competition. There is, however, the interesting finding that this reduction in corporate tax rates has not been, in general, matched by a fall in corporate tax revenues”, which in my view means ‘corporate profit can be maximised through lesser taxation and increased production’, which is not for the corporations, but working a person to death whilst there is no quality healthcare is equally detrimental to the health of any nation. So how is that an option?

History has shown that again and again. This we see in the Guardian as it reported “Union leaders said they wanted to show a “profound disagreement” with the president’s plans to overhaul the state sector“, yet where will they go? That is the part the players are all ignoring and in this the media is one of the players. You see, we have seen quotes like “The main reason they voted for him was as a default, as a barrier against the risk of a Marine Le Pen fascist, far-right government“, yet when he does not deliver and as the failings of the left are stacking up. Where do you think the unions will go? They too require being ‘in power’ and they will align with anyone who gives them what they need to stay in power. The media has forgotten about that, or did they? That is the issue because the people at large are not in the know and when the bottle boiled over, they are in the ‘not caring’ team, which allows for a load of misinformation and the official media channels have lost the levels of reliability they need, they lost it the day after the election, especially when the failings started to show. So as the media blunders its way by blasting their current president, they forgot to notice that they have painted themselves in a corner. The question becomes: ‘Can it be fixed?‘ I am not certain, I actually do not know how some of the channels can regain the faith of their readers, that becomes the issue more and more and when that is too late, may Marianne symbol for the French people help them, because the others will not care and that is actually a lot more dangerous than any President Le Pen (should that ever happen).

So as we strike a match under the newspapers misstating our needs and matching the strike workers by educating on the dangers they are setting themselves up to, we might get some actual labour law evolution. President Macron is not wrong in the path he is taking. He is merely ignorant of the French population and their sentiment in certain matters. In that regard he has been a member of the Wall Street population a little too long, and regained his French feeling of solidarity much too short (as I personally see it). So this will not be resolved any day soon I reckon.

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October 6, 2017 · 18:45

In case of your death

I was surprised to see a Eurogamer article on the steam account of dead people (at https://www.youtube.com/watch?v=kHLFUbU5ceI). The article is interesting and puzzling all at the same time. You see a view that is interesting, mainly because Eurogamer is merely voicing issues that the audience bring to their attention. Now, let’s be fair, the maker Chris Bratt also mentions the bulk of other users of this approach.

It is puzzling because I reckoned that people should have known better. You can leave your physical products behind, but digital products will not transfer. That part has been a clear issue for decades (yes, not years, but decades) it comes with clarity that certain services, especially digital services are services, not goods with a clear setting of ownership. Digital ownership tends to remain with the maker of the product and you the gamer, or user are merely ‘leasing’ that product for the length of your life and in plenty of cases not even that long (read: annual fee).

That is a clear situation in the sight of the worrying owner (the maker) of the product. So in case of software products like Adobe, Microsoft and other players, the digital arena is granting access to, to the person that paid for these services. So when that person dies, the service will be gone, because the service is no longer required for the person who bought it. In my view it is simple and clear, because this is how it has always been. Now that people are actually thinking for the first time on what happens ‘afterwards’, only now are they considering the consequences of their initial forward thinking part to embrace Steam (as a first example). So, even as their might have seemed to be an advantage, having the physical copy will always be better. So now we see that people are catching on. Yet in light of a growing nagging population, do they have a case? You see they purchased a service, not a product, the difference is not what they do, but it is the stage of physicality, the lack of a media carrier. Even then it is not a given that you have any options. The history of software products has had the setting for the longest of time that the purchased products were not transferable. Ashton Tate with dBase 3 and 3 plus (1979) is one of the earlier examples in Software, the bulk of all Microsoft products, although Windows was usually not linked to a person, but a computer. So the phenomenon is not new or unique. So why is it now getting more and more limelight? Well, people are now starting to catch on that their thousands of dollars of games are linked to their identity, to their account and when that is gone, what has been bought is gone too. We can argue on it and also argue on how valid any discussion is on the products that do come with a physical element. What is a given is that as time progresses, the option to own for life a product will fail too. You see, there is a valid case that a product bought is set to the original buyer and no further. The greedy players like Electronic Arts, Microsoft and Ubisoft have been playing with that setting for the longest time. And let’s face it; they do have a point (to some degree). They promised to service your gaming needs, not those of your children and grandchildren. Now, when this is a single player game, a case could be made to transfer the disc to whomever it ends up with, yet there is also a clear case that the services and support are set to the original buyer and without it the game cannot continue. It might be regarded as an open and shut case, but is that truly the case?

We have seen it be done for decades, but was that a legally acceptable reason? I am merely leaving the point of view open to debate. Should a game be allowed to be transferred? Is it fair on the makers of the software products for this to happen? Nowadays we are waiting for the maximised utilisation, the greed driven makers on the minimum option and to some extent the truth tends to be in the middle. This is not because it is fair, but because it is expected. We grew into the expectation of ownership from books and gramophones. Only when the time of digital installation began, only at that point did we see the change towards the expectations that the makers had on ownership and with the age of parchment and gramophones behind us, the consideration of set service terms were not truly on the scale it needed to be. Yet now, with the cloud, with digital ownerships and with downloadable content we are seeing the shift where we are no longer the owner, but the authorised user of the digital product. Now we have the shift that the industry wanted and perhaps in the view of some was entitled to.

In all this we need to realise that the power of creation is not merely remastering of older versions it is the need of revenue for the makers to continue their development and is it fair or unfair to allow for this path? It is at times depending on the point of view that the person has, and n that setting the software industry and the user are unlikely to see thins eye to eye. Some like Sony have the option to link one account to all the devices, so three people could be playing at the same time (each on a different system), some give options for multiple users for a few dollars more and some will try to fetch cash from every user. It is as I personally see it linked to where our expectations are and through history they have been set in favour of the user, now with the cloud and with digital versions that ‘advantage’ is lost to the users and it is largely depending on the others on how they allow us to set this in motion.

Eurogamer is all set towards the need of a champion with references towards Bruce Willis, but is that fair? The best setting is one that Microsoft tried (best for them that is). They wanted to disable the option of pre-owned players and that got buried real fast. Now, I am on the gamer’s side when it comes to a physical product. But in case of Mass Effect, can we truly expect that multiplayer accounts are transferred? Is it fair to continue digital server service ‘ad infinitum’? I personally do not believe that to be fair. Yet in that same push, I think that a physical copy should not be linked to one person, to one owner, but in that as the future comes pushing us, the wrong stance to have. I believe that the intertwining of services, physical and non-physical will stop or enhance the push for limited authorised access.

It is merely my view and perhaps a wrong one, but I am willing to consider that we as users must accept this shift. In this it will become more and more important to have a full physical game. We see the setting of patents in the requirement of manufacturing and physicality, yet now with the cloud and distributed usage (including cloud gaming) we see that every unit is part of the whole, so as such person X with license Y will become part of the whole implying that person X2 with license Y is another entity altogether, I will go one step further that as each player becomes a mere key of the machine, we see that physicality is set in hardware and software and as such, the combination becomes its own dimension, meaning that transfer of ownership becomes a thing of the past. Yet this also spells dangers in other ways, because as non-repudiation becomes a larger issue, any element (like email address) becomes an absolute setting, so that we are in danger of stopping ourselves to move forward with a second email address, a thing we saw with Ubisoft in the past. So once we lose our e-mail address through hackers we could in theory lose whatever we purchased through that medium. Now, most have their own registration system, yet what happens when that depository is lost, damages or altered? That is the part that is not fixed and is unlikely to be properly addressed for some time. It is even more conceivable that our children will in their lifetime see the need and growth of identity implants. Perhaps even more than one and it is at that point that the digital age of ownership takes another leap, perhaps a much larger leap than we have seen in the last 25 years. It opens up whole new ranges of opportunities and dangers. The question will sooner become, which one tips the scales of balance and how will it affect all?

So in case of your death you might be confronted with the implants of your parents, the implants of peers and siblings. In this the law is actually not ready and it is not as simple as what will happen with your games. Because as the setting is fixed it will be about bank accounts, available funds and set funding of growth and wealth. In all this we will see shifts and we will ponder where the rights of services will be set. In this it will go beyond commercial versus NGO, it will be about the shift that identity enables us to hold and that will shift the movements that we are able to do. It will be a new level of hindrance and perhaps even a step towards global discrimination, because when you realise that the age of implants is already here, consider the impairment that some people will have by allowing these changes to the body and to the external extremities.

For those in IP it is a great time to get involved with block chains and non-repudiation, because the game of games, gaming and software will be changed to much larger degrees than people realise and the initial changes as some realise them to be at present are only the tip of the iceberg.

Enjoy the weekend.

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October 1, 2017 · 15:28

Politically Incorrect? Say ‘Yay’ or ‘Nea’!

I have been watching from the sides for a while. Australia is all in the hold of the ‘the postal survey on same-sex marriage‘. I understand that it was done; I believe that there are people on both sides of the isle; I have no issue with either side. From my point of view, I voted ‘Yes’. It is my personal believe that I have no business being against it. As a hetero sexual I believe that anyone needs to have the option of happiness wherever they find it. It gets to be a lot more clear when we look at the divorce statistics as presented by CM Lawyers (at https://www.cmlaw.com.au/blog/post/australian-statistics-divorce/). So when we see that in some groups the divorce gets to be as high as 40%, whist we see that the median time from marriage until separation is 8.4 years. It is the realisation that couples seems to not make it is as high as one in three. So at that point what right do I have to oppose two people trying to find happiness?

I do still have an issue with those loudly opposing others who have a vote. Those against attacking those who state ‘yes’ and those stating ‘yes’ attacking those opposing it all. So it was when I saw the setting of John Howard (at https://www.theguardian.com/australia-news/2017/oct/01/labor-labels-john-howard-yesterdays-man-after-marriage-ads) that made me realise that I had to say a few words too. The first that stood out was ‘Labor and the Greens have refused to accept a no vote and would move to introduce same-sex marriage even if the majority of people vote no‘, so not only do they not accept the majority of votes; they will proceed no matter what. Now on the side of reality, I believe that they have all the rights to set it through, even if they are a minority. The vote is impacting a growing part of the Australian constituency, so representing them until the end is the proper thing to do, yet at what expense? That question comes to the surface when we see “Howard was “yesterday’s man” and, while entitled to his opinion, it was “unfortunate” he had used his standing as a former prime minister to advocate for the no campaign“. Is that not his right? Why is it unfortunate? We can push towards the 2005 work by Marion Maddox as we see the issue given that from 1993 onwards, John Howard’s Liberal Party moved and instigated moves by importing Christian right values that might be regarded as US tainted values and that the Australian media reported far too little about such moves in social and public policy. Is that not interesting, on how something that might have been regarded as ‘unwanted’ was not set into the limelight more often with clarity? Now, it is a debatable side if that is truly what happened, especially as it should be seen in the light of how it was at that point, yet when we realise that the media has always given preference to the needs of their advertisers and stakeholders when placed against informing the public, it is at that point we see that the work of Marion Maddox should not be disregarded. It is actually not the centre piece here. It is the Daily Examiner (at https://www.dailyexaminer.com.au/news/morgan-freeman-surprised-marriage-equality-stoush/3229833/) that gives a little more light for a change. With “OSCAR-WINNING actor Morgan Freeman has weighed in on Australia’s marriage equality debate, saying once people start understanding that being gay isn’t a choice then equal rights will follow” that makes the candle shine a little more brightly. Yet in my opposition I state ‘If it does not affect you, do you have a valid case opposing it?‘ Should you oppose it being a catholic, how did you proceed to convict your local priest for fondling little boys? Did you stay quiet, or were you suddenly a little more forgiving? So when you see these levels of hypocrisy happening all around you, does that not give light to the need for us all to become champions of happiness for all? I believe that the wisdom of Morgan Freeman is best seen in: ““Life is like the ocean. It is never quite the same; it is never still. The concept of world peace is never going to be a reality because we are like water – we need balance,” he said. “You can’t have too much good because there is no way to measure it without the bad.”“, our lives should be set into a balance and as such we should not deprive others to have their own balance. Yet there is also a consideration to see in the ‘No’ field. We get part of this in the Star Observer (at http://www.starobserver.com.au/news/national-news/gay-men-speak-marriage-equality/162409). We can start with ““Arguing for the traditional view of marriage… is not bigotry,” says the first man“, is that truly fair? If we separate state and church, we need to realise that marriage is a legal or formal setting, the dictionary tells us: “the legally or formally recognized union of a man and a woman (or, in some jurisdictions, two people of the same sex) as partners in a relationship“, so if that is the case, why is the church even part of that equation? Being married is a legal setting, whether this is followed by a religious ceremony is beside the point. It might remain the case that John Howard makes one clear case when he states ‘John Howard says the current parliament must ensure religious freedoms are protected if the yes vote wins the marriage equality postal survey‘, is that so wrong? We might want to oppose it all citing reasons of discrimination, yet in all this the separation of state and church must remain. We need to ensure that there is no ‘greying’ of the area. In this we might want to consider that this will be a much longer war, the marriage equality act will be one with several stages. Anyone opposing that reality is merely delusional. If not, then merely publish the names of the 3,000 priests accused of sexual abuse. How many of those cases made it too court, how many were convicted and how many ended up in jail. That statistic alone gives rise to question clear separation of church and state in a whole league of nations. In that side I would like to submit the evidence that ABC gave us in February (at http://www.abc.net.au/news/2017-02-06/child-sex-abuse-royal-commission:-data-reveals-catholic-abuse/8243890). Here we see “the Maitland-Newcastle diocese is not on the commission’s top list of offenders, however Bishop Bill Wright says the region had three or four very prolific offenders“, so as we realise the danger to children we see that there is a side all ignore, if those who said ‘No’, which is their right are equally not speaking out against these catholic transgressors, what values do these people have? Do they have values? This is exactly why I want church and state truly separated, now I will not oppose whatever objection they have to marry in church two man or two women, yet when that happens, they must in equal measure sign the petition of prosecuting several priests who did the deed with non-consenting children. Will they be willing to take it to that degree?

It is my personal view, but I believe that people cannot object to same sex marriage and in equal measure feel slightly too forgiving for certain priests, or better stated remains indifferent to their non-prosecutional plight. One view, mine is that as we allow for all to find their own happiness, we see a change to family value, not for the worse but for the better. That view was handed to the people in 2014 (at http://www.abc.net.au/news/2014-07-05/children-raised-by-same-sex-couples-healthier-study-finds/5574168). Here we see “University of Melbourne researchers surveyed 315 same-sex parents and 500 children about their physical health and social wellbeing”, which gives us the results “children raised by same-sex partners scored an average of 6 per cent higher than the general population on measures of general health and family cohesion“. Now I have not looked at the full research and data collection part, yet when we see the impact that divorce has been having on children and that one in three marriages tend to result in divorce, can there be any validity in opposing same sex marriages? I do not claim to have the wisdom, but the data is quite outspoken in favour of same sex marriages and in equal measure gives light to the healthier generation that follows. In this in support I hand you “Lack of gender stereotyping in parenting roles promotes harmony” and “it teaches the child that everyone contributes in an equal way and you all have to contribute to the family“. Is that not what has shown to be important for the overall happiness to all?

In all this in opposition is that for now that “Stigmatisation is still a problem for same-sex-parent families“. When we realise that this is the only remaining issue and in this until the church does it part to stop stigmatisation, it does not really get a voice in any of this which supports a stronger need to separation of church and state as well as it gives rise to oppose any spokesperson who acts on behalf of the church. I need to be careful to not bash those who vote ‘No’ as it is their right to do so, yet this is the danger we ace when we get overly ‘enthusiastic’ for one of the two sides. I do not feel like that, as I stated in the beginning, my point of view is that I have no business opposing the right they desire in equality to the right I have. The divorce statistics alone should grant them that right. Should our heavenly father (or mother) oppose my point of view, then he can strike me down whenever it pleases him (or her).

So it might not be my way of life, but when it comes to happiness, we should never be allowed to deny others the option to forge their own happiness. When it comes to religion, one book 1500 years old does not hold the wisdom to obstruct, in equal measure it can hold certain clarities for some to follow, the part that people forget is that the bible is a book with 788 thousand words and not all are set to the wisdoms we accept today, if you think that I am wrong then try to pass laws based on Leviticus 25:44 and see how far you get. That alone is one of many that show the essential need and wisdom to separate church and state in this day and age, which is the largest setting for those who vote ‘No’. In its anti-gay part we have Leviticus 18:22. Yet when we realise that Leviticus was not a person, but it reflects the conversations between God and Moses (read: God’s speeches to Moses), at that point, should we alter the value that this book has? As such what value can we give a monologue, one that was collected by hearsay and third party recollection over the ages?

I am not judging, I merely ask for us to keep a clear mind to what we agree and disagree on. I have enough to oppose a ‘No’ vote, which is why I voted ‘Yes’, that is the danger of having 2 options, we can argue in favour, or we can oppose the ‘against’, either way we end up in one camp, the same can be stated for the other side. From that, in academic view ‘Yes’ is the only vote that remains for a large group, so at that point I wonder how the data gets filtered and weighted, because that is the only option that the ‘No’ team is left with, which is why the entire situation is a lot more volatile than many realise.

And this is merely my point of view on the matter.

 

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September 12, 2017 · 18:35

A Greek Fatality

Greece is in a dubious place. On one side it is trying to advertise the appeal to invest in Greece, whilst on the other side it is trying to emphasize that discussions with Turkey and its ascension into the EU must continue. We might go with what we see in the AFP, yet there with “ending Turkey’s accession talks would be a strategic mistake that would maybe benefit only for Erdogan“; Turkey merely ended their own options. The rules were clear, you either adhere to certain standards, or you are not invited. The fact that others must give Turkey the umpteenth chance merely shows how desperate the EU has become. So when we see “Turkey is an important regional power and should remain engaged, added Tsipras, but also called on Turkey to respect international law and stop provocations“, we need to remind Alexis Tsipras that he is in not such a great place, so fathering solutions for optional investments into Greece is a slightly too dangerous a game to play. France is in a similar place. With “French President Emmanuel Macron said Turkey remained a vital partner of the European Union and ties should be maintained even if the country had strayed from the EU path, according to a newspaper interview published on Thursday” we see a President Macron that is becoming merely a facilitator for economic exploitation. Perhaps both need to learn the little lesson that many have voiced. “If You Don’t Stand for Something, You’ll Fall for anything“, it is a shallow and sad inheritance that the EU is leaving behind. A place that was high and mighty in what they call morals, whilst they are all about big business exploitation. The entire Turkey endeavour is partial evidence of that. The ignore through inclusion or else, whilst the current members cannot maintain their budgets, have no control over the expedient spending and the EU in dozens of trillions of debt, add to that an ECB that prints unsupported billions per month and we get a very dangerous situation. Reuters gives us in addition with “France’s Macron, a centrist, was elected in May on a pro-EU platform that included pledges to create a euro zone budget that would be voted through by a euro zone parliament and supervised by a euro zone finance minister” we are merely treated to a fantasy, a fairy tale that will not result in any budget, merely less transparency and more spending. It is also a first step to get the ECB with two years of utter irresponsibility of the hook. With “Stournaras said the euro zone should be strengthened because the ECB cannot be the single institution responsible for ensuring the euro zone’s stability nor can it maintain its ultra-loose monetary policy forever” Reuters is treating us to the first whiffs that the ECB plan has failed. It wants some level of contingency whilst not willing to throw the utterly overpaid ECB members in some prison until their flesh rots and their bones have bleached to something that reminds us of the colour white. It is merely a sham, set to get two more issues on the table. The overspending of Greece on the bond market, which will set the Greeks in another setting, which will bring certain facilitators dozens of millions in some bonus and nothing more than that, no solutions or gain towards any solution at all. This whilst adding Turkey to a field of players that we have been very outspoken against. Unless Turkey adheres to some minimum level of standards, levels that have not been met 16 fold, should be barred from the EU table. A collection of nations trying not to see that the game ended, they lost and they are not willing to face consequences. The good side is that as Brexit continues, every continued achievement within the UK will mean that France and Germany will face levels of what might become civil revolt against the hardships the people there will face and the politicians who placed them there sooner and sooner. You see, there are a growing amount of articles regarding the Germans and their new class of working poor. I think it is a little exaggerated, but the truth is not far from there. The US has a growing group of people working two jobs merely to make ends meet, for the most they are barely above the poverty line. Yes, that is right, two full time jobs merely to stay barely above poverty. The nations that is claiming to be in such good economic growth is handling it’s one percent by making sure that the disabling of the lower 40% is growing at a steady pass. The numbers are not that harsh yet, but for the most, that group has not seen clear quality of life improvements for well over a decade and Germany is slowly going into that very same direction. In Germany the poverty group grew by 0.5% in one year. As the news is hiding behind ‘new tools’ and reports, the Financial Times gives us: “I survive but I cannot live,” says Doris, a 71-year-old retired nurse, in the former German coal mining town of Gelsenkirchen. “I have no money to go to the ballet, or even €10 for the cinema. But what really eats me up is that I can’t afford to give presents to my grandchildren” (at https://www.ft.com/content/db8e0b28-7ec3-11e7-9108-edda0bcbc928), it is more than merely a story, or merely a small anecdote. It is the growing concern of many Germans and the rest of the EU is pushing the events under a large carpet, but under that carpet are more and more issues that are becoming visible. Even as jobless rates are going down, poverty rises. As the EU is not giving rise to the dangers that exploitative models like the ‘Uber show’ (and other players like that), we see a growing trend towards legalised slavery. In this Germany is following the trend of the USA, where the bottom 40% of these ‘earners’ have nothing left, no savings, no assets and no future to speak of. In this, the EU has become the one party to ignore its local members to degrees never seen before. So as we laugh loudly at the non-sincerity of people like Mario Draghi, we need to be aware that extremism towards the right is almost a given in whatever comes forward in the next wave of elections.

It is the gap between rich and poor that is becoming the next danger. You see, it surpassed 20% by a fair bit in Germany and only in France is this difference larger, so as President Macron is not able to turn the tide on all the plans he made, we see that the dangers many tried to prevent with quick BS schemes are now at the turning point of blowing up in the faces of all who played this game. Now, we can agree or disagree whether Marine Le Pen would have been the solution, I personally do not think she could have made any better switch, what is an absolute given is that whatever comes next is not going to be that simple. And as more are screaming some ‘balanced’ none ultra-right change, the very real danger is that these speakers will no longer be heard or regarded as some option. In this the Financial Times will soon show how the poor side of the equation will no longer be contributing to the economy, because of health and mere minimum standards. The Greek fatality will come to show us all what happens when non-equality and non-accountability will destroy entire generations as well as any economic options that might have been, merely because greed and exploitation was given too much leeway. A first step in this was shown last week in Greece with “especially the IMF – to push through liberalization as an ingredient for jump-starting the country“, this however is the danger as we see “A five-point agreement, dating to the summer of 2015, between social partners and employers’ groups is already in place, with the highlight being that the specific law (1264/1982) should be modernized, especially in order to preclude “practices of poor implementation”. Conversely, the agreement does not dispute workers’ right to strike and constitutionally protected union activity“, these poor implementations are optionally the dangers to the fact that workers will lose even more rights than they bargained for. As the ECB is about to ‘attack‘ protectionism, we will see a growing amount of ‘entrepreneurial’ options like Uber, that will leave people with a presentation and no reality in a protected way of life. And I mean a certain minimum level where workers should have some protection from exploitation, which is not about to happen. We might agree that Uber was a nice idea, yet when we see that passengers are not insured, that is merely the tip of the iceberg and I am merely looking at drivers that have the best intentions and merely want to make some cash for their family. They are getting less and less; they have to agree to almost insane conditions. Even as we see and agree that Wired and the BBC are giving us an extreme with “London’s latest cut-price Uber rival is being investigated by TfL“, do you think that this is merely one case and the end of it? So as this Taxify is merely one player, hiding behind “it would “always” have lower fares than Uber“, how long until it becomes a wild west? Even as it is stopped operations in London, it is active in 18 countries. So how are they looked at there? How many are part of the EU and how is this so called one EU in any way ready for Wild West companies to make a quick coin and get out after the damage is done? It is that level of failure that we will see in Germany, France and Italy. So as the large three need to find solutions, the quality of life goes straight into the basement and what is left cannot continue. That was the danger from the beginning and the EU and its political branch as it fails yet again. But nobody cares because Draghi and Yellen will blame protectionism and leave the rest to rot (for lack of a better example) as they enjoy 8 figure incomes. It will not hit them.

We can agree that there will be entrepreneurial events, some will find the golden goose others missed and that is fine, but at present as protectionism is low, as poverty is rising whilst there is a diminishing unemployment group, we need to wonder how the EU has failed its Europeans and whilst it will find a deal to remove mere values towards Turkey and tries to facilitate for more markets we see that there is very little left of this so called Economic European bloc of areas. Brexit came slightly too late but it might still be on time to keep British values up and growing, when that is shown France and Germany will run for the nearest exit. That is not a speculation, it is an absolute given, because soon enough the one percent who has had the media at their back, will not have any backing from a group that needs to stay alive and out of the hands of millions upon millions of angry people, people that will demand local solutions from people who can no longer give those solutions, or even give rise to the existence of those solutions. When that happens, Europe will not be a nice place to be for some time. Should you doubt this (always a valid option) that consider that Italy one of the 4 largest economic nations in the EU now has over 1 in 4 in the South of Italy that is in poverty, nationwide it is at 7.6%, the largest since 2005. So as some are in denial, the numbers do not lie and they are growing at an alarming rate, so even as we see news of a stabilised economy, we see that poverty is basically through the roof. Yet Draghi is not held to any of those standards, he keeps on printing money, 60 billion a month, leaving the poverty groups fending for themselves as they are growing. A clear warning that the Greek situation should have given the EU politicians, they basically all ignored it, because they had a PowerPoint presentation stating that it was not so.

The Greek fatality that is soon on our doorstep will force a new way of thinking. Not merely to the creditors, but to hold those in office accountable and prosecutable. The nice part is that in the largest 4 economic EU nations there would be enough votes to push that change, I wonder how many people will reside in EU politics the moment that shift happens. I wonder how the employment contracts change overnight before the legislative change comes through. The last is speculative from my side, but the evidence we have seen so far supports my worst fears.

Bloomberg partially confirms this. With “Eldorado Gold is the largest foreign investor in Greece and its decision comes as the country, which is working on creating a sustainable path to exit its bailout program, tries to lure foreign investments”, yet with ‘delays in acquiring routine permits’ we see that in the years that Syriza has been in power, the simplest parts of infrastructure arte not in place. We see (at https://www.bloomberg.com/news/articles/2017-09-11/eldorado-s-greek-suspension-threatens-country-s-investment-image) that the government is failing in more than one way. With “I’ve been with Eldorado since February and CEO for five months and I haven’t had any hostility from the government, but just haven’t seen progress on permits”, we need to ask serious questions regarding dropping oversight from Greece, whether the Greeks should be allowed on the bonds market at all. You see, if you allure investment without infrastructure, you have nothing. That is the short and sweet of it all and the players in this debacle are talking a lot and not doing anything. Tsipras did not merely fumbled the ball, he forgot that he is on a playing field, he forgot about the dimensions of this field, he forgot about the referee in this and we now see that he is not aware on the rules of the game to participate. A failing on four fronts in one go, in this they claim to be ready without oversight on creditors? Who are you kidding here?

In this we see even more failings from the ECB and the EU, because in the oversight of the funds given to Greece, we see that there was no proper setting for even the largest investors, giving us the clear path that the EU failed even more because they had to be on par with all this. If not, they have given up their right to existence in all this. They could be regarded as the useless pegs that hold up the virtual tent, a tent that only exists in the minds of the Greek governing party and as such, as the tent is a virtual and exists in only their minds, the pegs would actually be redundant. It sounds harsh, but that is the clear evidence that Bloomberg is giving us. So as we now see ‘Shares in Eldorado have fallen 52 percent in the past year and were trading down 6.5 percent at 09:44 am local time in Toronto’, we can argue that Greece and the Greek government might be regarded as liable for a lot more than they anticipated. As such, what other projects would fail and what will the fallout be from these losses? Jobs, income, visibility as well economic progress, all lost in an instant because the Greeks were not ready to commit. It is a Greek fatality with more casualties than most realise and more will come to the view of others. Even as Reuters gives us that the IMF should commit towards Greece, we now see that such a step is ill advised. Why pour money into anything that will not take the issues serious. Did Greece really think that leaving their largest investor hanging for well over a year would constitute any solution? As such Greece is merely the first, France and Italy have other issues and equal worries, the fact that the EU never clearly looked at certain aspects in Greece gives everyone the worry what else did they not look at, or basically ignore. As such, is Greece merely the first visible fatality? Will we see new references towards Greece? The Greek play could now refer to a version of ‘theatrics‘ as well as a version of ‘doomed economic presentation‘. I will let the English language experts look at that one (just to keep them busy).

 

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September 1, 2017 · 12:43

Want to bet on that?

The Guardian released a story last night, it released something a lot more important than you and I initially considered. You see, it intersects with articles I wrote in 2014, yet until today, and as we recently saw the issues that the Bank of England reported on, I now see a part I never considered, because, unless you are a banker it would not make sense. I admit that from the mere consumer point of view it seems like dodgy, even counterproductive to good business. So, I did not consider it, I did not inform you and for that I apologise. The writer of this story did not inform you either, but it was not the focus of her story so Mattha needs not apologise at all. Yet what is happening is a lot more important than you and I think and if I grasp back at what I found in 2014, there is every indication that GCHQ is actually aware of the situation, yet they decided to do nothing, endangering the sanity and social security of thousands of Britons, so should they apologise? Should Robert Hannigan, director of GCHQ apologise? I believe so, he should also get grilled in both houses (Lords and Commons), but that is not for me to decide (life would be so much fun if it was).

So as we are set in this path, let me explain what happened as per last night. Mattha gave us (at https://www.theguardian.com/society/2017/aug/31/gambling-industry-third-party-companies-online-casinos) the issue ‘how gambling industry targets poor people and ex-gamblers‘ the start is already an explosion of question by themselves. With: “The gambling industry is using third-party companies to harvest people’s data, helping bookmakers and online casinos target people on low incomes and those who have stopped gambling, the Guardian can reveal” we need to ask questions, but let me continue and give you a few more parts on these goods. the next items are “The revelations will add to calls for tighter regulation of the gambling industry more action to address problem gambling after the news on Thursday that online betting firm 888 had been penalised a record £7.8m because more than 7,000 people who had voluntarily banned themselves from gambling were still able to access their accounts“, as well as “The data is often gathered from raffle sites that offer cash prizes and gifts in weekly giveaways, he said. To apply for the prize draws, users must usually provide their name, date of birth, email and address. He claimed raffle companies would then sell the data, something customers have sometimes unwittingly consented to in lengthy terms and conditions agreements. One such site states: “The following sectors [including gambling] are the industry types you can expect to receive products, information, services or special offers from.”“. With these three quotes we have the first part of the equation filled. The article gives a lot more, but for now, here, that is what we need. So we see that people sign up for things they do not understand (we all do that), and for the most the initial thought was harmless enough. I have signed up for free premiere movie tickets, some of us for fashion items or even something as innocuous as a free bottle of perfume or after shave. It seems so harmless and when it comes to products it usually tends to be. Yet when it comes to free trips to certain destinations, for some of us, red flags go up, but at that point it is usually too late, we have already given out our details.

Now, we go back to January 2014. In my blog ‘Diary for a wimpy President‘ (at https://lawlordtobe.com/2014/01/18/diary-for-a-wimpy-president/) I set the stage that includes GCHQ. The setting was theft of IP on a massive scale, yet it was on equal terms the issue we see more common, the theft of personal data. The questions I posed were:

  • Have you identified your organisation’s key information assets and the impact it would have on your organisation if they were compromised or your online services were disrupted? [Alternative: what data is bankable?]
  • Have you clearly identified the key threats to your organisation’s information assets and set an appetite for the associated risks? [Alternative: what data is accessible?]
  • Are you confident that your organisation’s most important information is being properly managed and is safe from cyber threats? [Alternative: the value management of data you think you own]

it came with the footnote: “The alternative are not just views I opt for, consider that the data collection field goes into open commercial hands as it could be presented by March 31st, what are your options to purchase certain buckets of data?”

We are now on par in the two sides, my blog three years ago and the new iteration that the Guardian shows. I admit, the Guardian shows a side I never considered before last night. You see, with the quotes we saw mentioned by me, we need to add the third side to what is not a pyramid, but optionally the specific view on a cube, or even more disturbing a buried dipyramid. Now, we cannot expect people to realise that this is happening, but GCHQ knew, there is no way it did not know, and missing that is a career breaker plain and simple. You see, to give you that part, we need to add the following items. The first was seen on August 21st with ‘UK credit and debit card spending ​growing​ at fastest rate since 2008‘. We need to keep a check on the quote “The number of card transactions increased by 12.3% over the year to the end of June, according to the banking trade body UK Finance, coming amid a boom in consumer debt that has been raising alarm bells at the Bank of England. The pace of growth in card payments was 10.6% in the 12 months to the end of December“, the second quote comes from two days ago in the Guardian. Here in the article ‘Credit card lenders ‘targeting people struggling with debt’‘ we see the two parts “Citizens Advice finds almost one in five people struggling with debts have had their card limit raised without request” as well as “Unsecured lending is returning to levels unseen since the 2008 financial crisis, raising alarm bells at the Bank of England that consumers may struggle to repay loans in another economic downturn, thus putting financial stability at risk“. I believed this to be a bad business practise, yet until last night I did not give it the merit it should have had. You see commercial bankers are for the most without a moral compass at best, what if they are joining hands with gambling places that do not care how they get the money? The banker gets the bonus because business was booming and his (or her) moral compass is limited to the cash leaving the door without the use of criminal activity, beyond that they will not care. Yet with hundreds of thousands getting into this scrap. How many gambled the gained credit? How many pushed a chance for instant wealth into a decade of depression without options? The weird part is that GCHQ had to be aware, they are our (mainly the UK) watchdogs and they let this just go on. The questions I asked three years ago show that GCHQ should have been aware and monitoring. If they did not do that, then we have a case of negligence that surpasses the age of MI5 and the Cambridge 5. the funny part in this is that those 5 “were contemporaries at Cambridge University in the 1930s, and were attracted to communism mainly because of the Wall Street crash” and now we see that the same thing is happening for merely the same bloody reason (but those tend to be on the other side of the exploitative equation nowadays), yet now every gambling capitalist gets to enjoy the fallout, or is that out falling?

The evidence?

Yes, some elements will demand the evidence. In my view we merely have to compare the two lists, one showing the unrequested credit rises and the second list are those on the gambling marketing list, with any surpass of 5% being enough to be seen as significant evidence. This now gives two issues, the one is speculative when we go with ‘Is this a shady move for banks to push Brexit out of the way?’ You might think this is conspiracy theory, but is it? How many setbacks can the UK deal with before the banks cry foul and beg for Brexit to be delayed because they are too big to fail? Is it that farfetched? I don’t believe so. The second part is on the location of the location of the gathered online betting location and how these ‘marketing lists‘ all made it out of the UK and in several cases out of the European Union, which now puts the actions (read: non actions) of GCHQ on the firing line of enquiries and inquisitive questions on how they are keeping the people of the UK safe. We might argue (and I would) that people who gamble only have themselves to blame, yet when we see ‘more than 7,000 people who had voluntarily banned themselves from gambling were still able to access their accounts‘, we see that the odds are intentionally stacked against them and I believe that ‘Gambling firm 888 penalised record £7.8m for failing vulnerable customers‘ is a joke, I consider that giving them a £78 million penalty would have been too soft for them, especially as their growth surpassed 63% in 2016. And that is merely ONE gambling holding. The issue is growing at an alarming rate, even as we see how in Australia councils are drawing lines on ‘out of bounds areas‘ whilst with such amazement that the new casino that is currently being built on the order of bad boy jimmy Packard is (with surprising amazement) to be exactly outside certain zoning issues, just like Star Casino, giving him all the freedom he needs and get to play without any level of limitation. Let’s just mark that one up to ‘coincidence‘ shall we?

That example shows a certain complacency between councils and certain playing players and we now see that such levels are apparently happening in the UK for online gambling and we see that there is no way that GCHQ was unaware, we merely need to wonder why there was no political intervention, because that question is becoming more and more important.

Issues, shown from 2014 onwards give rise to non-protectionism of an unacceptable shady character. The act that the Guardian now shows that certain players are given a wide berth of that gives them degrees of freedom that no company in the UK ever gets is also giving questions to the status of banks and lenders and whether we should allow them to operate in the UK. If you wonder about this statement you only have to consider the triggers of bankruptcy, personal insolvency and how it is that these lenders will get paid either way, through either collection or write offs. What happens when they are no longer allowed to write off these bad business actions? What happens when it needs to come from their own ‘profits’ and ‘bonus schemes’? How long until suddenly the online casino’s and lenders walk away and continue that in places where they can exploit all they like?

Can you now see that you are placed in an increasingly difficult place to grow the stability of your family? If not, consider that you might not be the gambler, but you are a member of that bank or lending corporation. If they cannot write off, they will charge you through the services you receive, either through administration fees or interest percentages. You would (and rightly so) complain about these fees, so you want no change, which is what they are banking on and that should not be allowed. The final statement in the article is also important. With “In a longer statement to its investors, the company said it had taken action to fix its self-exclusion systems, which it said arose when customers who self-excluded from some of its brands were able to gamble with others” we are confronted with the question that seeing ‘fix its self-exclusion systems‘. You see, I believe that they never properly worked in the first place; leaving us with the intent that they had too much to lose enforcing ‘self-exclusion‘ which in my book makes them guilty of intentional and reckless corporate negligence.

You see when we consider that courts are less willing to cut off liability due to intent, the scope of Liability in Intentional Torts is now a given. The plaintiff would be entitled to see the entire engineering part of the ‘self-exclusion system’ and with the failing it holds whoever goes after house 888 might have a legal setting to regain all their losses. Yet that is merely one online gambling house. The fact that none of them want to truly cooperate gives rise to the notion that too many players don’t want the broken system to be fixed, not until after they got out of it whatever they could and such a knowledge tends to give consideration that the burden on GCHQ will be higher and needs to be higher. Yet will the burden be unjustly set too high? Because that is the clear direction we seem to be going to and that is equally unjust. In the end it will turn out to be a counterproductive situation.

Are you willing to place a bet on any outcome here?

 

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August 26, 2017 · 11:25

Questioning Attainment

There has been a little devil in my mind. The simple reason is that in the past, Samsung had hurt me, hurt me bad and I never got over that, so whenever I get a chance to smack them around a little, I tend to take it. So first we have the Terrorist edition of the Samsung phone (aka Galaxy Note 7), and now (at https://www.theguardian.com/technology/2017/aug/24/Samsung-tv-buyers-furious-after-software-update-leaves-sets-unusable), we see (as I personally see it), a company that has outgrown its merits, outgrown the shear setting of quality and pushes out as fast as they can, whatever they can. With ‘Samsung TV owners furious after software update leaves sets unusable‘ we see the direct interaction of engineers and software engineers and forget about quality assessment and correctly testing implementations. Samsung is now approaching its ‘use by‘ date like a bad carton of milk. When we see “The Company has told customers it is working to fix the problem but so far, seven days on, nothing has been forthcoming. The problem appears to affect the latest models as owners of older Samsung TVs are not reporting the issue“, we see that the entire issue could have been resolved with the ‘rollback‘ solution. A solution that came into existence in the 80’s, so 30 years onward we see that a company so utterly set to the bottom line and profits that mere safety valves are now no longer considered, or considered and cast aside. What a lovely world we live in. The more important issue is not the TV, but the fact that corporations are almost extremist focused on replicating what the wrong people regard as ‘good idea’s’. So now we are not merely looking at the issue with the television, but the issue we see when the chances are there that a similar error will happen to the new Galaxy range of series 8. So when that happens and your apps will not work for the mere reason of not ‘having the correct licensing agreements in place’, what will you do then? When it hits your $3000 television and an optional $2000 mobile phone? That is $5000 is goods not functioning because the QA team was either asleep, or upper management at Samsung decided that certain steps were not necessary. So how do you feel about spending thousands on such items?

Even as we see the article give us “Samsung is aware of a small number of TVs in the UK (fewer than 200) affected by a firmware update to 2017 MU Series TVs on 17 August. Once this issue was identified the update was switched off and we are now working with each customer to resolve the issue. Any customers affected are encouraged to get in touch with Samsung directly by calling 0330 726 7864“, what it does not state is that the ‘rollback‘ functionality would have resolved it in minutes. In addition, the fact that less than 200 complained, does not mean that it merely affects less than 200. It also calls into question that televisions, now set with ‘licensing’ agreement imply that televisions and providers are making deals behind the curtains and the consumer is not made aware of them, which now implies that the functionality of the television is now skewed and limited to what the makers behind the screens decide they are. Did you sign up for that? How long until they make a deal with console owners? Any excuse that they give on how this is not done is moot and possibly intentionally misrepresented as per their own statement “without having the correct licensing agreements in place“, so how exactly is the licensing agreement cause for “their new TVs would not access the BBC iPlayer“, or in these cases morning TV? Perhaps Samsung is dealing in antonyms? Smart TV, Dumb vision! #JustSaying

So in all this, when we see “buyer to discover that the Korean firm sells TVs that do not have the relevant BBC licence to allow them to operate iPlayer, or other popular apps“, we must be equally aware that it is not just Samsung. It seems like the makers of the BBC iPlayer also have explanations to give to the consumers. And actually (at https://www.bbc.co.uk/iplayer/help/tvlicence) they do. Yet how is this covered? How can we see with “It is a criminal offence to watch live TV on any channel or BBC programmes on iPlayer without a TV Licence. It’s also a criminal offence to possess or control a device which you know or reasonably believe will be used to watch live TV on any channel or BBC programmes on iPlayer without a TV Licence“, so how would that apply outside of the UK? Basically it is not their turf, so as we see the catch here, we need to see that the TV makers and exploiters are trying to hide to some degree in the fog of misrepresented litigation. So in the end it is all about the money and the Television makers are not informing their consumers. You see, when we consider that the BBC is actually informing the people, how many looked (at https://www.theguardian.com/money/2016/nov/19/missing-iplayer-Samsung-smart-tv-licence-issue) and with ‘The televisions are supposed to offer access to the BBC’s and other channels’ catch-up services, but a licence issue is turning many customers off’, whilst not informing the readers on the given? When we see: “Unfortunately, Samsung was late in submitting the request for this device to be certified for BBC iPlayer. We work closely with all manufacturers to ensure BBC iPlayer is on as many of their devices as possible“, whilst not informing the readers regarding the entire TV Licensing part. Now, we can slash at Samsung for being late (which is also great fun to do), yet the issue is not merely the move of the not so smart TV, it is about setting the stage of apps in the long run. It seems that both makers of apps and makers of TV’s are facilitating each other, whilst at the same time leaving the consumer in the middle and often in the dark. Which in the finality of the article leaves the retailer in some lurch as neither side of the app and TV hardware provider is submitting (read: allegedly) the needed information to the retailer. So it seems that the Consumer has no real options, no one to blame and no recourse until it is settled. This issue will explode a lot more in 2019 when 5G comes on the market. If you think that licensing is an issue now, wait to see what death-traps we get when home automation comes into play. The market is not ready as Samsung clearly shows and it will disregard all levels of safety valves to merely sell what they can and to do the optional fixing afterwards, which is not what a consumer signs up for and there is the crux of the matter. The two larger issues shown at present shows that Samsung is not ready and it is very likely that they are not the only one. There are additional concerns with Microsoft at present, but not in the case of this article, so I will revisit this issue soon enough.

You see, there are a few issues with Samsung, when we consider the two elements. The BBC player and the TV licensing, how is it enforced and what data could Samsung capture for the assessment that the owner of the TV has a license? We are skating close to too much privacy driven data here and even as I do not claim to know what it is at present, there is nothing stopping the elements in all this (Samsung, BBC and App creator) to start capturing data (for legal compliance reasons) and start their own created databases of privacy driven data. There is no way to avoid that. Consider a console that has a Product license agreement and a Terms of Service, like Sony has. Now we can set that these two documents are linked to the PSN account and that makes perfect sense. So how will this impact Samsung users? This in light of whatever mobile agreement they have in place as well as their TV agreement and other devices? How is it captured and how is the enforcement on either side?

If we consider these elements in support of the consumer who owns the bought television, as well as the maker of the device Samsung for not providing the proper required consumer support? So as we see that the owners of the television which got them the ‘firmware update to 2017 MU Series TVs‘ and the fact that they got no TV to watch for over a week, what do you think will happen when this happens to the first firmware updated to all Galaxy series 8? What happens to Samsung when this issue hits a million plus mobile users? A solution that is three decades old could have prevented such hardship and a television will have plenty of space for a 16GB rollback memory chip, a mobile phone tends to not have that space, so what dangers are the upcoming Samsung consumers placed in?

The attainment we see is the one that could have been secure and Samsung dropped the ball (again) to its consumers. It seems to me that the issue goes beyond Samsung, so we should be seeing a lot more questions handed out to makers of Smart TV’s and how the consumers are protected from such enormous fiasco’s and in addition, when it comes to address the damages that the consumers were set with, how will the courts place the rights of the consumers? Because this issue is a class action in the making, which tends to set everything back for years. It seems that we are missing elements in what should not even be there in the first place.

Issues that could have been prevented in both the design and testing phase of the equation, a failure most visible with Samsung at present as they have become a team that struck out twice, or in my case thrice. We need to ask Samsung, when the consumer will come first, not their accountant and not their CEO, but their customer. I wonder if they will end up having a clear answer, especially as the heir of the Samsung Empire, Lee Jae-yong will be in prison for the next 5 years for bribery and embezzlement. So will this open up the Samsung market to other players? No matter how impressive the Galaxy Note 8 presentation was, it seems that without customer care and proper testing spending a large 4 figure number on a phone and possibly a 2 year chain to a telecom provider, how are we set at ease regarding the need for quality hardware? It seems that Samsung does not have the answer as it can’t even provide a decent functioning Boob Tube.

Such is life, unwarranted attainment tends to not be worth the value of a 10 letter word, you merely have to consider what will be worth your trust and your money, because most of us do not get to spend $1400 twice, more often we don’t even get to spend it once, implying that Samsung is in a lot more problems than most realise and they are likely not alone in this.

 

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August 14, 2017 · 10:57

Original Greek food

In the Washington Post, the morning newspaper of choice for America (at https://www.washingtonpost.com/news/food/wp/2017/08/11/as-greek-yogurt-keeps-proliferating-greece-is-getting-protective/), we see an article on yogurt, Maura Judkis shows us the new way to exploit Parmesan, this is by making yogurt and calling it Greek! With “The Ministry of Agriculture has assembled a group that plans to apply to register “Greek yogurt” in the European Union Register as a term with a protected geographical indication (PGI) or protected designation of origin (PDO)“. In this my initial question would be, ‘Why was this not done before?‘

Greece needs all the value it can get and Greek yogurt is apparently a big one. I love the stuff, but even I was a bit surprised to see the result with “Chobani saw its sales go from just over $3 million to more than $1.1 billion in its first five years“. So the fact that Chobani is not Greek is not in Greece and owned by a Kurd named Hamdi Ulukaya did not raise flags? I reckon this is one smart cookie; he bought the dispensed building from Kraft and turned it into a goldmine. So is Hamdi in a tough spot? I reckon he is. In his defence he is applying the Greek method of making Greek yogurt, so he has validity in his product, unlike the Czech version, which was taken to court and got scolded. Now, he is the part that is in debate. With “Using the term ‘Greek yogurt’ for products produced outside Greece would deceive consumers and would create unfair competition in the E.U. market” we see a valid case. Even as Parmesan is clearly an Italian product and such should be protected, Chobani finds itself in a similar predicament, or do they?

You see, the origin of Greek yogurt is still at times an issue. Even as we accept ‘Yogurt is known from ancient times , since there are reports from the historian Herodotus in 5th century B.C. and the famous doctor Galen, 2nd century A.D. There are also references to Indo culture that present yogurt with honey as the food of the gods‘

As I look at some of the historic facts, we need to ask questions, because Herodotus was born in Halicarnassus, which was in fact Persian. Some of the historical parts are a little sketchy, yet of that given and from the fact that he had travelled the ‘then’ known world. Where exactly did it come from and was he calling it Greek Yogurt, because he was Greek? In addition, was the art of straining yogurt limited to Greece?

So although Greece clearly has a case trying to protect Greek Yogurt, is this the trap for the product? So when we look at Article 22 of trips, (at https://www.wto.org/english/docs_e/legal_e/27-trips_04b_e.htm) we see:

Protection of Geographical Indications

  1. Geographical indications are, for the purposes of this Agreement, indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin.
  2. In respect of geographical indications, Members shall provide the legal means for interested parties to prevent:

(a) the use of any means in the designation or presentation of a good that indicates or suggests that the good in question originates in a geographical area other than the true place of origin in a manner which misleads the public as to the geographical origin of the good;

(b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention (1967).

So here we see the protection that Greek Yogurt has or should already have, and that is now the issue of Chobani. In addition, the Washington Post gives me something weird. With “But those rules won’t apply in the United States, where makers are free to label their yogurt as Greek (and where the distance from Greece makes consumer confusion less likely). There are dozens of “Greek” yogurts in grocery stores, from popular brands like Chobani, Yoplait, Dannon and Fage (a Greek company)“, which is an issue, because as a signatory of the WTO, the US should be at the top of enforcing parts of this. Yet with the opposing defence of ‘the distance from Greece makes consumer confusion less likely‘ we see another part of implied American exploitation. It is seen in a paper by Peter Drahos titled ‘Developing Countries and International Intellectual Property Standard-setting‘ (at http://www.anu.edu.au/fellows/pdrahos/reports/pdfs/UKCommIPRS.pdf)

On page 6 we see “For example, a number of corporations from the US, Europe and Japan claiming to represent the international business community released a document in 1989 that indicated strong support for a plurilateral agreement on intellectual property during the Uruguay Round (the mechanism of modeling). Australia supported the US position on TRIPS despite being a net intellectual property importer because it believed that by doing so it would achieve gains in the area of agriculture.”

The US has been playing a powerful business game and they have seemingly won, yet as the sides that have been agreed on, the US is in a place where they would have to give in towards Europe, this is partially clear when we look at the information that the USPTO gives us. Yet in all this the Washington Post is equally giving a disturbing fact. From their view ‘But those rules won’t apply in the United States, where makers are free to label their yogurt as Greek‘, whilst at the same time the United States Patent and Trademark Office (at https://www.uspto.gov/sites/default/files/web/offices/dcom/olia/globalip/pdf/gi_system.pdf) gives us: ““Geographical indications” (“GIs”) are defined at Article 22(1) of the World Trade Organization’s (WTO) 1995 Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as “indications which identify a good as originating in the territory of a Member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographic origin.”” as well as “Geographical indications serve the same functions as trademarks, because like trademarks they are:

1) source-identifiers,

2) guarantees of quality, and

3) valuable business interests.

The United States has found that by protecting geographical indications through the trademark system – usually as certification and collective marks — the United States can provide TRIPS-plus levels of protection to GIs, of either domestic or foreign origin.”

So from that part, not only is the WP incorrect (to some degree), if Greece pushes forward (and they should), there is every chance that Chobani will soon be relabeling their product. They should consider going with ‘Original Strained Yogurt‘ and the faster they move, the quicker they get to push the envelope in the US (and Global) on the niche they are creating. Oh, and Chobani is not the only one in this situation, there are heaps more and as such Greece should have pushed for the changes a lot sooner, if only to give push and rise to Greek exports.

Even as the Washington Post is trivialising it with: “No, actually, we’re all about French yogurt now. What is French yogurt? It’s a yogurt that comes in a cute glass pot, with a cute brand name — “Oui” — made by Yoplait“, which is merely the waves of consumers, they will get back to the Greek solution and as such for players like Chobani to get the ‘Original Strained Yogurt‘ message out will matter sooner rather than later, because the moment the consumer wave is bored with the glass cup, they will look around again and at that point whoever plays the game better gets those consumers and with the increase of 400 times the original revenue in 5 years makes it a serious task to set the right message and address the right people. I took one look at their website (www.chobani.com) and noticing how ‘Greek Yogurt‘ is their forte, which is not bad, yet if Greece gets their way in this and the information as even the United States Patent and Trademark Office (USPTO) gives it, the Greek enforcement would not be totally impossible, adhering to change and educating the consuming readers now will make a truckload of difference down the track. In my view it is not whether the ‘Greek Yogurt‘ mention is valid or not, it is for the most the strongest message the website throws into our eyes and as such they need to consider their steps. The only other thing I noticed is that they had not taken the trouble to make a mobile app to keep people informed, with a $1 billion plus, that seems like a failure to me. If the product is all, than being seen everywhere matters, especially in this mobile environment. Even when we take the Denver Post (March 9th) at their word, where Chobani chief marketing officer Peter McGuinness said he’s not worried about imitation. “It hasn’t hurt our business because our food is better”, this might be true in his case, yet the rivals need to get creative, so Peter McGuinness needs to get (read: stay) ahead of them before they get a chance to catch up, the game is not just to get ahead of all, it is equally a case to make sure that they cannot catch up. It is the one lesson that Sony learned too late with Betamax, VHS was never anywhere near the quality that Sony offered, yes in 1983, 8 years after Betamax was released it was clear that VHS had won and it was downhill for Betamax from there. It seems to me that if Chobani is not assertively busy keeping the message on track others can start to catch up and as such Chobani should not give up ‘Greek yogurt‘, but informing the consumer what ‘Original Strained Yogurt‘ is could make the difference between a clear first position, or a shared top group. The need for that part is equally in the Denver Post as we see “Then there’s the food companies’ relentless drive to improve profit margins. Amid the industry’s sales decline, General Mills, Mondelez International Inc., Kellogg and Campbell have aggressively cut costs“, the question becomes how are they cutting costs? Are they resorting to additives or alternatives to straining as short cuts in manufacturing? Either way, at this point Chobani could have the edge on two terms (for now) and a clear ‘original’ message if Greece continues and secures protection on Geographical Indication. The Washington Post was not incorrect in their statement, even as it differed from the USPTO, yet the other side is that even as the TPP is dead, whatever follows will still have the parts in it and Europe is more and more protective of certain items. We saw in 2014 “As part of trade talks, the EU wants to ban the use of European names like Parmesan and Gruyere on cheeses made in the US“, with consumer value being more and more important, whatever trade agreement comes through at some point, the Europeans will push for this part and the US with much larger Pharmaceutical avenues will most likely give in on that point if they want to have any hope of stopping generic medication to get a freehold in the EU and UK. As such those who alter the course of their products now are in a much better position when they get overrun with some ‘sudden’ news on the matter. In this, I will not and cannot proclaim I am correct. Yet I can state that my view is indeed more likely than not the correct assessment. We will see soon enough if my view holds water. The fact that Pappas Post reported 22 hours ago “Greece’s Ministry of Agriculture has (finally) assembled a group of experts that are planning the application process to register “Greek yogurt” in the European Union Register as a term with a protected geographical indication (PGI) or protected designation of origin (PDO)” implies that the forming of the application is now underway, and whichever trade talks happens during the current US administration could give rise to changes that Chobani and others need to comply with soon thereafter.

 

 

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August 10, 2017 · 13:15

Working with Germany again?

This is the direct sentiment that came to mind. When I see ‘Boris Johnson should be jailed over Brexit claims, says ex-David Davis aide‘ (at https://www.theguardian.com/politics/2017/aug/09/brexit-political-party-james-chapman-david-davis) my initial thought was that someone did not like Boris Johnson. Now, that is fair enough. We all have loads of issues with one politician or another. The do not always serve our cup of tea and some politicians never will. It is merely the nature of things. So I started to read, as I was interested who had a go at the only politician in Britain who has a worse hairstyle than President Trump. So here we are looking at James Chapman and what this is about. The quote: “The former chief of staff to David Davis has said Brexit is a catastrophe“. My first question becomes ‘How so?‘

Let’s take a simple look.

So far Brexit has not even started, the Pro-EU cabinet members have often too much personal issues in this and there is no evidence at all that it is a catastrophe. We knew there would be hard times for all was never in doubt. Yet at present we are being downed by ‘fake news’, false reports drowning in fearmongering that usually have disaster headlines with the included word ‘could’.

When we look deeper into these articles we get emotions and the clear indications that they just don’t know. In my view James Chapman would be the kind of Englishman who would see in 1939 if ‘mutual coexistence‘ would be an option between Germany and England. Do you remember how that ended?

Now consider the top 10 headlines when I search for ‘Brexit’:

  1. Britain’s Brexit negotiators denied water by Brussels during divorce talks, civil servant claims
  2. No agreement in latest Scots-UK Brexit powers talks
  3. There are whispers in Whitehall about a ‘soft landing’ Brexit
  4. BREXIT BOOM: Surge in UK investment after EU exit as firms to spend less on European staff
  5. Courts will STILL be ruled by EU even AFTER Brexit, warns senior Tory MP
  6. Britain told to WAKE UP by ex-Irish minister who says fury over Brexit could BOIL OVER
  7. Brexit fears lead to hike in UK foreign currency accounts
  8. Bank of England warns Brexit will put strain on regulatory resources
  9. The Bank of England is reviewing more than 400 firms’ Brexit plans and there are ‘significant issues’
  10. Employers struggle to recruit staff as applications drop due to Brexit

So the reds are all what I would regard as utter (read: mostly) BS issues, dripped in what we should call stupefied emotions. And they are on both the pro and anti Brexit sides mind you. One of them is about ‘whispers‘, which is basically the jump to gossip as there are no facts, there are no resolutions and the people in Whitehall seem to be utterly clueless on what is happening. Part of that is shown even better when we consider Sky News with ‘Deloitte feels Whitehall thaw after Brexit memo sparked fury‘ (at http://news.sky.com/story/deloitte-feels-whitehall-thaw-after-brexit-memo-sparked-fury-10968774). So when we see “Sky News has learnt that Deloitte has in recent weeks begun participating in at least one central Government tender process“, in this the part ‘begun participating‘ implies that they were awaiting some sort of resolution, so they stopped participating, waiting for the dust to settle and now they feel a thaw? With: “The crisis in Deloitte’s relationship with the Government was sparked last November by a consultant working for the firm. His memo had not been commissioned by ministers or civil servants. It referred to a lack of Government preparation and “divisions with the Cabinet” over the Government’s Brexit priorities – ironically, both criticisms which have been levelled at Mrs May’s administration with increasing frequency in recent weeks.“, as well as “Deloitte’s memo prompted an apology from the global accountancy firm, saying: “This was a note intended primarily for internal audiences“, which as I personally see it was a blooper of the first rate and someone was upset with Deloitte. So it seems that someone’s memo, not the Brexit part was to blame in all this. The news is littered with these fearmongering acts all over the media.

Now the Orange headlines are basically emotional parts. First the Irish Prime Minister, you might remember how Ireland started to defend Apple regarding taxation not paid. So as we see its prime minister with the quote “Irish prime minister Leo Varadkar has signalled he is prepared to delay the ongoing Brexit talks unless he is satisfied with any post-Brexit agreement over the issue of the Irish border” that he is very willing to be an Irish pain in the ass on issues that have several unknowns, which means that there is no given answer. I am going with the part that someone elected as Prime Minister should be aware of that, or easier stated ‘he ain’t that stupid!‘, by the way, how is that €15 billion being spend? We can consider that the statement “I think it’s time that there’s an outbreak of common sense in London and that people who decide that solutions have to be looked at, all solutions have to be looked at and it’s particularly sensitive given the context on the island of Ireland“, is pretty valid, there is no denying it, yet when Ireland decided to set its nation up as a tax haven, how much consideration and information was given to the UK? The spring goes both ways Mr Roche, I admit that he is not wrong, yet he is playing a political game (one he is allowed to do mind you), and we need to acknowledge that the political game is about personal gain for Ireland (also a valid tactic), so let’s not blame Brexit for unknown quantities at present. There is one exception, with item number 7 we see that the media fears have moved people to shifted their accounts with currencies. The fact that we see spikes of 23% is one indication. You see, in the end the people will lose there, the banks will win no matter how it all goes. It takes one emotional article for the people to shift to the German Mark or the American Dollar, yet in this, unless you keep your eye on the ball 24:7 you basically end up losing in the end, the amount might be small, yet with the transfer fees and administration you will still take a hit. So as people shift to the Euro, whilst we saw 2 days ago in the Business Times “high debt burdens and aggressive valuations will conspire to crimp capital gains on European bonds this late in the global credit cycle” In addition there is the fact that several senior economic voices are now worried on the bond bubble and that it might burst, so as we realise that Mario Draghi has €2 trillion in junk bonds, what do you expect to happen to the Euro? Those who moved to the Euro face the risk (again, I state the risk) of losing 5%-10%, when you have a £2000 in your account, you basically withdrew £100-£200 and flushed it through the toilet. How will you feel when you face that? I believe that those not used to the currency market, shifting left to right face a few risks, yet the chance of actual gain tends to be too small for the effort. As i see it, the juice ain’t worth the squeeze.

The greens are partially (read: mostly) valid, they are news and as such we should not object, yet it is a mere 30% of a 90% trashed value of media, parts all are ignoring and too many people are getting dragged in the emotional tsunami of exploitative media. It is the Business Insider Australia article that is on point, and the only article in blue (at https://www.businessinsider.com.au/sam-woods-update-on-brexit-2017-8), filled with decent news and actual information. With “Woods said a cliff-edge Brexit would pose a risk to financial stability, and proposed a transition period” we see the need for some level of soft Brexit, which is fair enough. My question becomes on the term ‘risk to financial stability‘, just how much of a risk and what the impact could be, both the best and worst case scenario’s. If there was a speculated percentage to some degree (with clear warnings of speculation), that might not be too bad either. We see partially the obvious with “Brexit places “an extra burden” on the regulator’s resources“, which was always a given, yet not mentioning it is also folly. I particularly liked “And financial centres across the EU — including Frankfurt, Paris, Dublin, and Luxembourg — are battling to attract financial services work moving out of London as a result of Brexit as a result of expected legal changes that will make operating in the EU out of London tricky“. I like it because it is part of some sales cycle. They are preparing to move in on opportunity, which in the follow up gives rise to the emotional Irish article mentioned earlier. In this Ireland slices and cuts with both sides of the knife they wield. All valid and business like, yet it puts the emotional Irish outrage a little over the top, does it not? In the end, we do not know if it will even be an option, because there are litigation settings that the European Community ignored and never set in procedures and policies. Is that not equally dim, folly and stupid?

Consider the given, you as a person, when you go to the bank, when you go to the realtor or the gym around the corner. How often have you seen in the ‘contract‘ you signed on the costs and responsibility you faced when you stopped being a member. They all have clauses you had to sign, equally so for your mobile, which tends to be the most expensive part to leave. Yet the high 6 figure income legal minds of the EU in Brussels, none of them had anything in play. All like some jurisprudential catholic marriage of eternity, all with the additional option to screw small boys and girls (read: individual tax payers), how interesting that none had the escape policies in place. We saw it as early as Greece and the EU and the media just emotionally babbled to us all. Now that Brexit is becoming a reality, now it is suddenly all mayhem and chaos wherever you try to get any news.

So we have 4 out of 10, with one exceptional part. That was me googling today. So as we are all drowned in emotion, we need to see two additional parts. Both ‘green’ articles with the subtitle ‘New study shows a the number of people available for new jobs is dwindling, leading to a push in pay for those already in work‘ we see two sides, one that employment is up and pay rise might not feel great (unless you receive it), yet that too constitutes the dangers of rising costs. I advocated even before the referendum that the UK should look at their Commonwealth brothers and sisters. It would have been easy for two years to have an open Commonwealth VISA, one that allows any Commonwealth citizen up to a year into the UK, with optional setting to enhance it, so whilst with that one employer you have a year, that can be extended to 2 years and then to 4 years after which you could automatically become a permanent resident and after that if desired citizen. As employment is essential, you have a taxpayer, not a drain. For job hoppers, there could be the option of residency if they have been with at least 3 employers for at least 2 years, so in the end they get the option after 9 years. The simplest solution and both the political and civil services just drained on some merit that was not even valid in the most virtual of situations. In this the entire NHS mess would never have been any valid emotional media on those so called 86,000 open vacancies. A solution thought of 4 years ago by me. Yet the MP’s are all about some outdated policy whilst trying to push the need for the one market EU link to not be cut, whilst even in those days enough evidence had been submitted that large corporations are the only actual winners in that one market facade. In addition the green articles have mentions like: “Last year’s Brexit vote has made it more difficult for employers to fill jobs with some EU nationals leaving the UK“, the fact might be true, but most of those people were scared away by exploitative media whilst that media knew that there was no given answers at that time? Several issues on immigration and the media, clearly given by .GOV.UK were ignored as setting the minds of the people at peace was not a given option for the exploitative media. So when we see the quotes from Kevin Green, chief executive of REC. We could consider that equally see that with “We can’t ignore the importance of our relationship with the EU to employers“, which gives us that he makes no mention of any Commonwealth options either. If you truly have problems finding people, you look to other places too. When the pond is not giving fish, you can try and try again, or look around to see where the next nearest pond is, or is that version of simplicity just too muddy for the chief executive of the REC?

In equal measure I question the part of “a study by Deloitte suggested 38 per cent of lower-skilled EU nationals are considering relocating away from UK businesses“, I question it as I wonder on the failing of the questionnaire as well as the data and the weights applied, the foundations of the weights and how the data was interpreted. For those doubting that they did anything wrong, questionable or set to the intent of not being clearly informative. Evidence can be found with ‘How to Lie with Statistics‘ by Darrell Huff. Also consider the first political application of results: ‘If the data does not match the needs, simply alter the question‘. So there are several considerations and solutions for the politicians actually trying to work a solution and not whatever personal angle they need to work by exposing emotional sides that were never part of anything. In the second there was the mention of the EU courts. So when we see “SENIOR TORY MP Dominic Grieve said the European Court of Justice (ECJ) will remain a “dominant presence” in UK courts after Brexit despite pledges to break free from its influence made by David Davis“, there is a truth in that. As Brexit is completed, there will remains legal links, yet, is that a bad part? There will be shifts, yet before the EU was ratified, there were legal parts that were already in agreement on both sides. Yet I question to some extent “The European Court of Justice is, in fact, going to continue to be a really dominant presence in our lives even though we no longer have any ability to appear in it“, if we are not an party of appearance, we have no connection to it. The UK will still be ruled by UK Common Law, there can be no question on that. We still have certain allegiances and also legal responsibilities as well as rights. So I question part of this article.

And the truth is seen with “What’s happened is when we leave the EU, the Government decided existing EU law would be incorporated into our own law. The legislation to be laid out in the autumn will lay out guidelines as to how this will operate“, which is part of the debate as it is not a given, or in finality. In addition, as Germany, the Netherlands and France have Civil Law, whilst the UK has Common Law, there will be an issue making things fit. In addition there is “He said it is “unclear” whether judges will be able to apply UK principles when interpreting legislation derived from European Union regulation“, so there is non-clarity, which makes this almost more an Orange than a Green article. Still, valid non emotional questions are asked, which was the foundation I employed towards the use of colours. The issues are actually stated in the Lisbon treaty. Yet, when we see certain parts, we see Article 249c, which gives us at [1] ‘Member States shall adopt all measures of national law necessary to implement legally binding Union acts‘, so this is to binding union acts, and as the UK would no longer be part of the union, it falls away. Yet the Lisbon treaty also gives Article 188J and at [2] we see ‘Humanitarian aid operations shall be conducted in compliance with the principles of international law and with the principles of impartiality, neutrality and non-discrimination‘, which is what UK law was already compliant with, so there are a few legal issues where it is specifically to the adherence of national law, yet which are the issue when the UK is no longer an EU member? The article does not bring that to light, does it?

We see loads of emotional sides, yet lacking the clarity to the degree that it should have had. In all this, the former political editor of the Daily mail is the person who wants to throw someone into jail? so when we revisit the Daily Mail with ‘Google, the terrorists friend‘, I wonder who should be in jail, and as for ‘a terror manual on how to use a car for mass murder‘, I wonder if they looked at the fact that every year 85,000 people in the UK are convicted of drink driving offences. With the toll of 940 killed and 3690 seriously wounded, whilst the UK has a ‘mere’ 90 killed by terrorists, so were terrorists the actual issue, or is exploitation of the terrorist word just better for circulation? I think that there isn’t any person who after being a Daily Mail employee has any business slinging mud after they were the facilitating bucket of mud themselves. That is merely my view on his matter and the fact that the bulk of these pro EU are still crying on the presented setting of £350 million, if that was the only issue, Brexit would NEVER ever have won, the EU has massive issues and it is time for people to stop burying their heads in the sand. I have exposed in several blogs the fact that several issues have never been dealt with whilst the people have been wealthily refunded for decades. The EU gravy train is one that no government can afford and those who enjoy the ride don’t want it to change. The media has equally been too silent on that matter for too long too.

In the end, the people want to return to some quality of life, a path the EU has not offered, has not achieved and will be unlikely to give (read: hand out) any day soon. In equal measure consider the writings of Neville Henderson, British Ambassador in Germany in 1938, so when he wrote “I suppose the chances of Hitler coming out at Nuremberg with what will amount to peace or what will amount to war (thunder there is sure to be) are about 50-50. I opt for the former. If I am right I do wish it might be possible to get at any rate the Times, Camrose, Beaverbrook Press etc. to write up Hitler as an apostle of Peace.“, can anyone remember how Hitler, the apostle of peace solved matters? In addition he wrote “We make a great mistake when our Press persists in abusing him. Let it abuse his evil advisers but give him a chance of being a good boy“, so how good was this ‘good boy‘, so how facilitating was the Press?

Daily Mail 1938Perhaps some remember the Daily Mail in 1938, as they warned the UK of aliens entering through the back door. With “The way stateless Jews from Germany are pouring in from every port is becoming an outrage” the Daily Mail decided to give verdict, yet in the end those who took that backdoor road were pretty much the only Jews left alive after Hitler’s European Tour 1939-1945. So as we see the driving need of revenue through circulation of emotion, we have to wonder what else we should former Daily Mail people stop from doing. We are being attacked on emotional levels from media that should have known better for decades.

So the plain truth is that the UK will get out of the valley of bad quality of life, they will in addition grow faster when they left the EU and I believe that the EU will have to deal with multiple trillions of Euros in junk bonds, it will slow the EU economy down for a much longer time. It will not make it an easy push for the UK, that was never going to be the case, yet in the end, I feel certain that the £ will be the strongest of currencies once more. It is when are showing to win, how many papers will become the ‘turncoats’ shielding certain MP’s from the political emotional games they played together by relying on misinformation? Or will they show us how they used the writings of Darrell Huff to get their personal view across?

 

I personally hope that we get to ask them those questions sooner rather than later!

 

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