Category Archives: Law

The Validity of Targeted Killing

This is not some euphemism like the trials and tribulations of Ezio Auditore da Firenze. This is not a game, nor is it some romantic twist. It is the harsh reality of a government that didn’t get it to begin with and now as the body count ads up, it has painted itself into a corner and until it wakes up and gets active, its citizens will be placed into immediate harm. The undeniable consequence of a flaccid government set to inaction. The nice part is, is that governments at large are all on the same boat. The US, nominated as the most stupid one, followed by the European Community at large, the Commonwealth and a few more nations. It seems that in this specific case China is the only clever participant (in this specific case).

To give you the connections at hand, we need to realise what exactly is Targeted Killing. In this case it is the ‘Assassination by a state organisation outside of the judicial procedure or a battlefield’. Yet in this, the existing definition is not complete or correct. In this day and age, assassination is done in a multitude of ways, not always corporeal being lethal, but in some cases that might actually have been an act of mercy if it ended that way. So what is this about?

You might think that it started with ‘WhatsApp privacy backlash: Facebook angers users by harvesting their data‘ (at https://www.theguardian.com/technology/2016/aug/25/whatsapp-backlash-facebook-data-privacy-users), but you would be wrong. This is not the start, but it might be the end of the beginning. You see, the one part that people forgot is that data once captured will be an entity onto itself, it will take on a life of its own, your shadow self, but a part you no longer have control of. You see, you still control your shadow, you step away from the light and it moves your shadow, when all the light is gone, your shadow is dead, because it only lives through your indirect interaction with light. The link we have initially is: ‘WhatsApp to give users’ phone numbers to Facebook for targeted ads‘, which the Guardian published 2 days ago. You see, the subtitle “Messaging service will begin sharing private information with Facebook and is preparing to allow businesses to message users” gives us the consequence. Our data is no longer our own, we gave that right up and as such, data is now starting to get shared with people we did not consider it could be shared with. So even if we see that this reflects on ‘phone numbers’ this first step is more than that as we see ‘sharing private information‘, when you consider the quote “They will have 30 days to decide whether to opt out of their information being used for ad targeting on Facebook, but will not be able to opt out of their data being sharing with the social network“, you might get a first idea of how bad things could possibly become. The quote “Whether it’s hearing from your bank about a potentially fraudulent transaction, or getting notified by an airline about a delayed flight, many of us get this information elsewhere, including in text messages and phone calls“, this quote seems nice, but that is not the information some are looking for. Consider how often you called a health professional. Now consider that the insurance agencies start digging into all the calls they can get their hands on. They can data-mine it by linking that to all the health professionals that work through them. Let’s put that into a state of reference you will understand.

Any person is likely to be connected to health professionals and pharmacies. Like your GP (physician), a Chemist and perhaps a Medical Clinic. Now consider that if you have called any of these places in total 4 times or more this year, your insurance could go up by 10%, and an additional 2% for any additional call in that time period. This will be worth Millions to that insurance agency, because they will get the data that involves 10% or more of their customer base. Now, this last part is a little speculative. The reason is that clear information is not out there. Some state that WhatsApp has 8% coverage in the US, whilst another source states 34%. There is no clear number we can trust because those behind WhatsApp are also aware that high numbers will cause concern, so we get bombarded with specific information, not giving us an exact picture. Yet for the US, we see that the number of users is between 26 and 79 million, which is too large a fluctuation, yet in other places like South Africa, where the usage is 68% and 72% in Brazil. Now we have another matter, because insurance agents, in these areas can form a health hazard image with much greater precision, it maximises their profits and changes a health entity into a ‘milking solution’ of healthy people, the others can sit on expensive bills and die of their own good accord.

That is what the article does not bring forth and that is what is only just below the surface. It is all happening because of two sides. On the one side, political players left too many backdoors open, meaning that in reality these players will never be prosecuted in any way. On the other side, a clear information pass to all people alarming them of the dangers that data collection brings was not in the cards either. Here, the governments get a little bit of leeway as no one truly saw the impact that social media would have, Facebook changed it in many unimaginable ways.

With WhatsApp now surpassing the 1 billion user market we now have a player that has global coverage, making that data worth a lot to some players, the insurance world is only one of them. Consider the interaction of Mobiles and the internet and what other information is being collected. That is now becoming clear and as certain cases saw in the past, data might be deleted, but will never be wiped, so as such we now have a massive issue and this is only the beginning. You see, even as the people at WhatsApp are trying to put your fear to sleep. The quote “WhatsApp said: “We won’t post or share your WhatsApp number with others, including on Facebook, and we still won’t sell, share, or give your phone number to advertisers.”” should not diminish that fear. You see, “we still won’t sell, share, or give your phone number” is not the art that matters. What does matter is what unique identifier will be shared and no matter what the foundation of that number is, once it is decomposed to its core and can be made uniquely identifiable, it will start the next push towards the epitaph of privacy.

So how does this relate to targeted killing?

You see the plain fact is, is that we no longer have a correct view on how politicians view ‘the long term’. You see, ‘for the good of all’ is now a hollow statement, especially when we consider the latest president of the US and more important, the impact that whomever comes next has. We can see that in the following links ‘Corporate tax reform is vital to boosting America’s growth‘ (Financial Times), where we see “In the intervening years, nearly every developed country has reformed its tax codes to make them more competitive than that of America. Meanwhile, the US has allowed its tax code to atrophy“, which is one way to tell the story. What is the crux is that for too long tax breaks were given to large corporations. Tax breaks that allowed them to operate for nearly free, making the revenue they obtained, to be ‘the profit they got’. In addition we see ‘Treasury Department Criticizes EU on Corporate Tax Probes‘ (at http://www.wsj.com/articles/treasury-department-criticizes-eu-on-corporate-tax-probes-1472059767), here we see “U.S. officials also see a potential risk to the federal budget. Under current law, U.S. companies owe U.S. taxes on the profits they earn around the world and get tax credits for payments to foreign governments. To the extent they pay more in Europe, they could pay less to the U.S. when they repatriate the money or when Congress imposes a mandatory tax on their stockpiled foreign profits“. Here we could go into ‘Yay, America, good for you mode‘, but the truth is that part of 325 American Consumers (many of them being non-consumer) is nothing compared to the billions of consumers companies like Apple are getting their profits from. The linked White paper (added at the end) states “Beginning in June 2014, the Commission announced that certain transfer pricing rulings given by Member States to particular taxpayers may have violated the EU’s restriction on State aid. These investigations, if continued, have considerable implications for the United States—for the U.S. government directly and for U.S. companies—in the form of potential lost tax revenue and increased barriers to cross-border investment. Critically, these investigations also undermine the multilateral progress made towards reducing tax avoidance“, a paper that comes from the US Treasury. Perhaps people there like Jacob J. Lew and Sarah Bloom Raskin should have realised the long term consequences that they thrust towards others and are now thrust back onto them. If the treasury would not have been so stupid to send a member of the USC (United States of Cowards), namely President Obama to make a presentation in The Hague in 2013, where we see a refusal to back international taxation laws to allow for tougher calls on digital companies. The official quote was “senior officials in Washington have made it known they will not stand for rule changes that narrowly target the activities of some of the nation’s fastest growing multinationals“. I dealt with this in my articles ‘Delusional‘ (at https://lawlordtobe.com/2016/04/07/delusional/) and ‘Ignoranus Totalicus‘ (at https://lawlordtobe.com/2016/04/24/ignoranus-totalicus/), which I wrote on April 7th and 24th of this year. So perhaps hoping for as they state it an “unforeseeable departure from the status quo” was not the best idea to have, especially as maintaining the Status Quo screwed up Greece for economic life and it got them Brexit! Two elements that will push taxation changes in the European Union even further.

So how stupid were they?

Well, from one side we could state ‘extremely so’, yet that would ignore the part that is ignored by many. The truth is that players like Apple, Google and Facebook now have powers that exceed many governments and they have the benefit of not being in debt. So it amounts to Facebook giving a presentation to these so called ‘Senior Officials’ in Washington with on the last slide they see ‘Monkey see, Monkey do!’, and the presentation, minus the final slide gets send around by so called senior officials. Our lives now firmly in the hands of non-elected officials.

That is the crux, because it can only stop with massive changes to the taxation system, with the dangers that it will break the back of national economies. It is that regard that made Brexit a necessary evil and when official discussions start in 2017 as Article 50 comes into play, the line of taxation will change even more. All because those who needed to advocate change were unwilling to clearly speak out and now hell comes for its pound of flesh.

Now we can complete the targeted killing part that was unclear. You see the definition should be: ‘The Assassination by a ruling organisation outside of the Judicial procedure or a battlefield‘, which now puts Facebook in play. You see, when Brad J. Bushman Ph.D. wrote ‘It’s Time to Kill the Death Penalty‘ (at https://www.psychologytoday.com/blog/get-psyched/201401/it-s-time-kill-the-death-penalty), he forgot a few parts. Now, this is a good article and seeing the sides he discusses in the frame it was written is well worth reading. Yet, when he states “The Death Penalty Models the behaviour it seeks to Prevent” is about the act of corporeally killing a person. Then we get ‘You Might Kill the Wrong Person‘ which is a valid argument any day of the week. Now consider those who would kill you in different ways. When Facebook bans you for life, it stops you from interacting and as such you become a social pariah, an outcast and you are withdrawn from social circles, yet their model is not about your limit to interaction. When they sell on your data you run the risk to get barred from certain rights. Rights to medical support as insurance agents find you a risk and make the monthly fee no longer affordable. It will potentially change your data as you are a risk to finances and limit or stop creditability for a house. Algorithms will stop you to move forward. You will be dead in the soul as the rightful interactions for your way of life are removed from you, mostly all from predictive modelling, an expected future, not a given fact. You become guilty until proven incorrectly processed. It is still targeted killing, but one of a different kind. And in all this Facebook would never be made accountable for any of this. That is the part that all seem to ignore. Those who do prosecute it will try to get a large fine out of it, yet the people wronged will still be regarded as ‘executed’.

Now in light of all this and all of you would have seen, consider the statement that the ACLU gave “The capital punishment system is discriminatory and arbitrary and inherently violates the Constitutional ban against cruel and unusual punishment. The ACLU opposes the death penalty in all circumstances, and looks forward to the day when the United States joins the majority of nations in abolishing it“, being excluded from healthcare as insurers make certain paths unaffordable is certainly discriminatory, especially as the true vetting of the data that is used against the people cannot be verified and is forced upon a ‘victim’. In addition, the isolation that results from these actions can be regarded as torture.

So how was there not a stronger level of protection? That part is harder to argue as it was your personal freedom to join up to these services and once the data is given, when the service changes its foundational work, we have no say over the removal of already collected data. So when we consider the quote “The service will not be merged with Facebook’s other chat-based service Messenger or photo-sharing service Instagram. But all services under Facebook will gain access to WhatsApp users’ phone numbers and other account information, and it can be used to suggest contacts be added as friends“, so now we see the dangers that professional contacts become social contacts (read: ‘friends’). I have seen that this could end up being a great way to kill your own career and in this day and age, those without a job tend to lose a lot more than just a job. An efficient and bloodless way to expedite targeted killing whilst not leaving any blood on the floor or a corpse. They are true fears beyond the death sentence in this day and age, a fear which cannot be altered as taxation dollar to support these people are not coming in any day soon. It is a potential nightmare to many registered users. If only the right laws had been enacted to prevent this from happening. So even as there might not be any validity in targeted killing, we are now in a place where it can happen, and it is not considered as such, as there is no corpse to process and in the corporate spreadsheets validity is not an actionable point, it merely is not illegal, making it valid and legal for all pushing towards an economy of data sales.

Have a great evening and do not forget to update your status to ‘it’s complicated‘, because it truly is about to become that for plenty of registered social media users.

White-Paper-State-Aid

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Under construction?

As some might be aware, most of the last week was about travelling the Sky, the Sky of No Man and it has been all it promised, even now, as I am stranded on a planet in a galaxy far far away, I see that I have coin for the brothel, but there is no brothel. I have Anti-Matter for my warp drive, yet it is broken, it is short a resonator, so I am now exploring the planet, hoping to find two of them puppies soon. A true game of exploration where at times being clever makes all the difference. Yet today is about another matter, not exactly on exploration, but on exploring options and solutions and on how some presentations fall short. You see, there is a think-tank who had an idea (at https://www.theguardian.com/society/2016/aug/25/nhs-needs-eu-employees-to-avoid-collapse-says-thinktank). Now, the idea is not bad, but it is also very shaded in many ways. Let’s take a look! First there is “EU nationals who have lived in Britain for six years should get automatic citizenship“, and a few lines later we get: “The NHS would collapse without its 57,000 workers who are EU nationals and they must be offered free British citizenship so they don’t leave the country after Brexit, according to a leading think-tank“. Now these two statements are not in synch, they do not contradict each other but it raises questions. You see, the fact that 57,000 need citizenship is a strange part. Why?

Well, consider that the four National Health Services in 2015-16 employed around 1.6 million people with a combined budget of £136.7 billion. Which the Guardian published in Jan 2016. In addition, we should consider that in 2014 “the total health sector workforce across the UK was 2,165,043. This broke down into 1,789,586 in England, 198,368 in Scotland, 110,292 in Wales and 66,797 in Northern Ireland“, which we get from https://www.hsj.co.uk. So the fact that these 57,000 people represent a diminished workforce of 3.1% makes me wonder how that impact is so drastic that Automated Citizenship is voiced. Now, let me be clear, I am not opposing that part!

In addition, the fact that the NHS has shrunk by 6% in a year is a bad number, we could state almost disastrous (based on the mere number). In all this a few things are now rising to the surface.

The Think-tank states ‘Citizenship’, not permanent residency. You see, in several countries (the Netherlands for one), only in special cases is dual citizenship an option and the reality is that plenty of people might work abroad, that does not mean they are willing to give up the citizenship they have. Some French and Dutch are very proud to be that. The Netherlands is not alone, so, does this think-tank have a breakdown of numbers per nation? In addition, the article states that they are 5% is already inaccurate (57K/1.6M is not that great). In addition we also see “The Brexit result has left the future status of 3 million EU citizens living in Britain uncertain. While the IPPR says their deportation is ultimately unlikely, the lack of official reassurance is already having a chilling effect on those seeking jobs, housing, bank loans or making other long-term commitments“, a statement I already debunked in June 2015 (at https://lawlordtobe.com/2015/06/22/the-news-shows-its-limit-of-english/), so I am amazed that this tail of fairies is still ongoing. The fact that in simple clarity we see “In addition to this that the applying migrant is paid at or above the Codes of Practice in Appendix J, which gets us to the other appendix (J) which clearly states that a nurse does not need to make 35,000 pounds“, so why are some continuing to weave stories on this loom of tales?

This makes me wonder what the IPPR is actually up to.

Is that not a valid question?

So when we see the quote “The think-tank says wider reform of the current system of British citizenship is so overly complicated and bureaucratic that it is deterring the high earners that the British economy needs, and is so expensive that it also deters the lower skilled workers that the sectors of the economy that depend on manual labour also need” I wonder what their end game is. You see, if there is truly a need for high earners than those companies can apply via an immigration agent. Which is a group of people the Australian ‘economy’ relies on. We should wonder when a large corporation seems to not be involved in the immigration of its staff members, should we consider letting that person in at all. This last part was a speculation from my side, yet I remember my own immigration path, so we should take the accountability of a corporation in stride in all this. In addition, the high cost are indeed a worry, yet the quote “so expensive that it also deters the lower skilled workers that the sectors of the economy that depend on manual labour also need“, which is fair enough on one side, yet when 1/20 has no job in the UK, how hard are those people needed? This is in effect a self-answering question, because there is always a need for lower skilled people, often well trained or versed in one way or another. In all this, one simple solution would be to enact an UK version of the Australian 457 VISA. There is no mention in the article towards a solution in that direction.

In addition, opening the UK labour market for Commonwealth nations is also a path that has been ignored for too long, why is that?

The article seems to answer little, only speculate on what is needed in the eyes of some, whilst the eyes seem to indicate that their view is implied to be narrow, debilitating and not entirely correct. It seems funny that this article comes from Alan Travis, author of ‘Bound and Gagged, a history of British obscenity’. It makes me want to kill someone to get a Nobel Peace prize, which comes to think off it is both Sarcasm and Irony in one small package. Irony, because it is funny how the most basic of solutions seem to be ignored. They might have been part of the report, yet in this case, why not clearly mention those issues. And Sarcasm as my findings from June 2015 were not countered and have actually been confirmed by at least one Lawyer, so I have to wonder what is going on here. For it is my personal believe that this is about a lot more than just 57.000 citizenships, this is about a fundamental change, whether this is about immigration, or about the NHS being a piggy in the middle. Yes, we all agree that 3% of staff could be disastrous, yet where are those 3% placed. The fact that this article is not mentioning that is equally a worry. We can agree that in pressure a loss of both doctors and nurses the impact is a strike at the heart of the NHS, yet there is no clear mention is there? You see, we know that it is ‘7,000 consultants & specialist registrars as well as more than 21,000 as nurses and health visitors’, yet not where and as we see that 7,000+21,000+29,000=57,000. Yet where are the 29,000 placed? Moreover, these three groups where are the set in the 4 areas. So how much per area when we consider England, Scotland, Wales and Northern Ireland? It boggles the mind on how these many incomplete parts could give way to smaller solutions diminishing the larger danger. Now, let’s face it, the danger still remains, but the assumptions seen in this article regarding the report makes me wonder how the Guardian who swallows the ‘facts’ by Santa Snowden at the drop of almost unconformable data is easily eager to let the entire NHS set on incomplete reporting.

So if the article is about ‘NHS needs EU employees to avoid collapse, says thinktank‘, why do we see side mentions of “The Brexit result has left the future status of 3 million EU citizens living in Britain uncertain“, which might not be that dire as well as “a British Future/ICM poll showed that the public does not believe the government will meet its target to reduce net migration to below 100,000 a year by 2020 even after Brexit takes place. In the poll, which was conducted just after the referendum in June, only 37% agreed the net migration target was likely to be reached in the next five years“. So is this really about the NHS, or is it a hidden story regarding Prof David Metcalf, who is calling for a much stronger enforcement of minimum labour standards in the UK to ensure the country’s flexible labour market prevents undercutting by foreign workers and boosts the welfare of British residents. You see, that too is not about the NHS, because that group of people lacks any level of skill to be regarded as optional staff for the NHS.

So consider where the title was and what this story is actually about, because it does not seem to be about the stress and resolving that stress these many nurses in the NHS are facing.

Perhaps it is still under construction, like an empty webpage with a simple icon from a cheap provider with no continuation plan.

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Media against the Law

When it comes to events within the law, the bulk of the publishers tend to remain in the dark as to what matters and what does not. Which might be fair enough when you consider the fact that they are more and more about numbers in circulation, not about the clarity of reporting. So when I saw certain reports on how there are issues with Hello Games (read: No Mans Sky) and the law, I tend to get curious fast.

There were to instances. The first one was regarding Sky TV. Because the issue was settled, there is not too much official news in play. As far as I was able to tell, from the various sources. We get “The root” of the “secret stupid legal nonsense” is down to Sky’s belief that it owns the word “Sky” in the context in which Hello Games planned to use it”. Can anyone explain to me why any judge would not throw this out of court in an instant?

The fact that this is of course linked to Rupert Murdoch in some way, means that plenty of people are too scared to go against that fossil (I hereby apologise to all fossils who feel offended by their media categorisation)!

In law however, there could have been a case and there was a case and in consideration, beyond the academic parts of Trade Marks law, there was, as I see it never a case. In the case where we see that action brought against the decision of the Fourth Board of Appeal of OHIM of January 30th 2013 (Case R 2398/2010-4), there are three players.

On one side we have

British Sky Broadcasting Group plc & Sky IP International Ltd

And on the other side there is Skype Ultd.

One issue is and has for ever been, more alike than not. Which is one that Sky versus Skype (hear: Skaip) would win, yet, one could argue that British Sky Broadcasting Group plc and Sky IP International Ltd are not alike Skype Ultd in any way. Yet it is the service Class 38 that works in favour of Murdoch again. These are Telecommunication services and as such, there could possibly be a conflict. Of course the non-legal academic mind realises that the Sky services is there for people who contemplate suicide, whilst Skype is about communicating with others. There is no overlap at all (unless you’re talking to your mother in law).

Yes, there is an unfair issue here. Because there is in no way any clear overlap from a consumer point of view, there is as I see it no chance of mistaken service here, but the legal point was made by Sky. It is the issue at [17] where we see “the risk that the public might believe that the goods or services at issue come from the same undertaking or from economically-linked undertakings constitutes a likelihood of confusion“, which is unlikely, yet not impossible and as such Skype lost the trial. The support was found from case Laboratorios RTB v OHIM — Giorgio Beverly Hills (GIORGIO BEVERLY HILLS).

So why bring this up?

You see, there is one part where there is a relevant part in the more likely than not as well as more similar then not. This is however not the case for Hello Games. First of all, this product of service is not telecom, it is a video game. In that regard Rupert Murdoch has a lot less knowledge of video games then Robert Maxwell, you know the other tycoon who took a swim on November 5th 1991. I know that to be a fact! In defence of Robert Maxwell, he was visionary enough to see that video games had the real future (he was the man behind Mirrorsoft), he would be proven correct less than 5 years after his death.

So when we consider British Sky Broadcasting Group plc. Sky IP International Ltd or Sky, there is absolutely no similarity between the one and the game ‘No Man’s Sky’. That case should have been dismissed of the bat. In addition, if Sky did not start a case against the following movie titles: ‘October Sky’, ‘Fire in the Sky’, ‘Iron Sky’, ‘Island in the Sky’, ‘Castle in the Sky’, ‘Red Sky’, ‘Sky Captain and the world of Tomorrow’, ‘Vanilla Sky’ and ‘Sky High’, can we contemplate that if these cases had not gone to court, the injustice against Hello Games should be trialled for against Sky IP International Ltd?

You see, for Hello Games, the initial case could have been decided against them if the game was called ‘Sky of no man’, this is not the case so the dissimilarity is there. In addition, this is a video game and unless there is a clear sky game ready for the office, I am better of not getting close to it. As I see the likelihood of confusion would have never been a case so I am getting the idea that there is more. Yet, without the court papers there is no way to tell for certain. What is known are some of the facts in play? You see, the part “Too close is determined by whether the relevant consuming public would likely be confused by the second mark“. I can state with 100% certainty that those buying the game will never be confusing the mark of the game, with the mark of a Murdoch corporation.

In addition we can raise the following cases:

Jockey International, Inc v Darren Wilkinson [2010] ATMO 22, where Jockey was sufficiently different from Throttle Jockey and Chris Kingsley v David Scott [2011] ATMO 20, where Rebellion was sufficiently different from Soul Rebellion. As such, Sky should be seen as sufficiently different from ‘No Man’s Sky’. Yet, I will accept that without the full court data elements might be missing from the case. So I am keeping an open mind to some extent.

Now we see that Hello Games is in another situation, yet now on an optional case regarding the feat of patents, or is that the alleged featured use of a patent?

Dutch company claims No Man’s Sky Uses Its ‘Superformula’ without permission‘ (at http://www.ibtimes.co.uk/dutch-company-claims-no-mans-sky-used-patented-superformula-create-its-massive-universe-1571747), the news now three weeks old gives another side of the entire universe. Wherever there is a true innovator, there is a vulture trying to get on the gravy train! In nearly all countries we see the application of it. In Belgium Law we see “De machine is patenteerbaar, evenals het proces van de aanpassing in functie van het draaimoment van de motor of de kracht op de snijkop. (voor zover dit voldoet aan de 4 voorwaarden voor een klassiek octrooi, maar laten we dit even aannemen).  De wiskundige formule die gebruikt wordt om deze functie te berekenen niet.” (Translated: A machine can be patented, so can the process of adjustment in function of the rotational moment of the engine on the power of the cutting head, the mathematical equation to calculate this cannot). You see, this is at the heart of the matter, in academic reality you could patent the universe, the methods of how it was conceived was not in addition, as the game is unique, Hello Games now have the copyright, yet not on the formula.

In addition, I need to show you the article by Eurogamer, who did some of the legwork (at http://www.eurogamer.net/articles/2016-07-21-why-no-mans-sky-fans-are-worried-about-a-patented-superformula), they make a few references, more important is the fact that they got through to a few of the connected parties. Now we get to the gritty part of it. You see, there is orchestration in the wind (not by or through Eurogamer mind you).

Consider the quote Jeroen Sparrow gave Eurogamer, as stated in the article: “Genicap is working on a project to create revolutionary software based on the superformula that can be used likewise by indies and the major game studios. Using the superformula to generate natural objects enables you to create endless varied and original objects such as trees, rocks, beaches, planets and mountains. Currently most of this work is still done manually. We are still in the conceptual phase. We expect to be able to tell you more in autumn“, which is, as I see it a load of bollocks! Consider, that initial publications of teasers of No Mans Sky started in December 2013, it was introduced at the E3 2014, now we see ‘We expect to be able to tell you more in autumn‘, how is this even contemplated to have any kind of value?

You see, part of all this is linked to the patent claim EP1177529 (A1). You see in Patent Law, whenever the first element fails, all subsequent elements fail too.

So consider the first claim: “1. A method of creating a physical form, comprising: programming a computer with a computer application for computer graphics or computer aided design or the generation of physical waveforms, with a representation of the following formula r = 1 1 a · cos m 1 ·φ 4 n 2 ± 1 b · sin m 2 φ 4 n 3 n 1 <img class=”EMIRef” id=”188164907-ib0037″ /> where r is a radius value at an angle φ, selecting values for the parameters a, b; n 1, n 2, n 3, m 1and m 2, at least one of n 1, n 2and n 3and at least one of m 1and m 2being variable; generating a pattern via the computer based on the selected values input into said formula; transforming said generated pattern into a physical form.“, here you might be confused, but you need no math, just plain English “transforming said generated pattern into a physical form“, here is the simple crux. A virtual representation, is not a physical form. A supporting thesis can be found (at https://unfoldingform.wordpress.com/about/), if there is one upside then it would be that this all introduced me to the work of Kris Henning. The abstract quote “a design investigation exploring the transition between the virtual representation and physical fabrication of folded forms” gives the goods: ‘transition between the virtual representation and physical fabrication‘, they are two different dimensions. Whilst we could argue that Jeroen sparrow is finding new ways to fund a tax party and here the quote “transforming said generated pattern into a physical form” does not hold the bacon, because this is not what Hello Games are doing and as such, we could regard Genicap as a simple vulture trying to get scraps from someone who was able to create. You see, Dutch patents are very similar to those in Common Law nations “De vinding moet gaan over een product of productieproces, en je moet kunnen aantonen dat dit technisch kan functioneren. Zo kunnen diensten, ideeën zonder concrete uitwerking, natuurwetenschappelijke theorieën, rekenmethoden en esthetische vormgeving niet beschermd worden door een patent” The invention needs to be on a product or production process and it must be shown that it technically functional, services, ideas without concrete solutions, natural theories, calculations and aesthetic shapes are not protected by a patent (translation), so as we cannot fault Eurogamer for  lack of Dutch, plenty of Dutch sources did not give this the attention it needed to have. This case is likely to go nowhere!

So we see the collection of people lacking innovation and applicational genius and trying to weasel in on their flaccid approach of inability (perhaps I am oversimplifying the issue?)

When we look at the final part of the Eurogamer article (which is quite excellent), we see “If Hello Games used our technology, at some stage we will have to get to the table. We have reached out to them but understand they have been busy. We trust that we will be able to discuss this in a normal way“, whilst, as I see it, there is enough to debunk the patent claim, there would still be issues of copyright. Yet, there is an issue there too. For this we need to take a step towards Forbes, who published on May 19th 2014 (http://www.forbes.com/sites/johnvillasenor/2014/05/19/how-much-copyright-protection-should-source-code-get-a-new-court-ruling-reshapes-the-landscape/), where we see “Consider a programmer who writes source code to implement a complex weather forecasting model. Models for weather forecasting are not subject to copyright, but the programmer (or, if the programmer is an employee, his or her company) may nonetheless have an enforceable copyright interest in the specific code written to perform that task“, which actually gets us pretty close to the heart of No Man’s Sky. the mathematical model has no protection (if it was used), but Johan Gielis could have ‘an enforceable copyright interest in the specific code written to perform that task‘, yet that part is stopped, because that part was built from scratch by Hello Games, so even if the superformula is in whole part of No Man’s Sky, it seems to me that the application was re-engineered and as such, Genicap has nothing. Nothing is as I see it should be, because they come up with “the superformula to generate natural objects enables you to create endless varied and original objects such as trees, rocks, beaches, planets and mountains. Currently most of this work is still done manually. We are still in the conceptual phase“, whilst a demo has been visible for close to two years? I reckon that they were asleep at the wheel (possible trying to come up with a mathematical formula to grow mentioned wheel).

In the end, Hello Games is growing an industry in a direction no one foresaw, the even better part is that I blogged an additional application for this solution well over 6 months ago implies that I surpassed Genicap regarding any superformula (without ever seeing it), even before they went into some conceptual stage, I found it another application. So what does that tell us about Genicap and Jeroen Sparrow?

So, be like me and enjoy playing No Man’s Sky (and thanking Hello games for coming up with a brilliant game).

 

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Democracies are decided through Income

It has been a week, and there is a mountain of events evolving, many all about how a second referendum is needed and in addition to that, the amount of issues that are now surfacing. First we need to take a look at the valid parts. A valid part was seen on Sunday (at https://www.theguardian.com/law/2016/jul/03/parliament-must-decide-whether-or-not-to-leave-the-eu-say-lawyers), where we see ‘Law firm says article 50 cannot be triggered without full debate and vote by parliament‘, which is fair enough. Let’s face it, the people have voted on what they wanted, but in reality, Any Referendum is not legally binding, so legally the Government can ignore the results. Yet, for the Government to ignore such a massive size of a population seems to be a weird approach to democracy. Does the Law firm have a case? The quote “A prominent law firm is taking pre-emptive legal action against the government, following the EU referendum result, to try to ensure article 50 is not triggered without an act of parliament“, which is fair enough, yet this is followed by “on behalf of an anonymous group of clients, solicitors at Mishcon de Reya have been in contact with government lawyers to seek assurances over the process, and plan to pursue it through the courts if they are not satisfied“. I wonder who these ‘so called’ anonymous clients are, perhaps the banks who are now freaking out?

Yet, issues aside, how strong is this case?

First, the current government called for the referendum. Those who sit in the House of Commons called for the referendum and 72.2% of the people reacted and voted, in the end 51.89% were in favour of Brexit!

Now, we see all these new groups, all trying to create mayhem, all crying like the little bitches they are. Boo hoo hoo, so unfair, we want a second vote! It is utterly pathetic. Yet, there are a few issues that should not be ignored. The main reasons this all got started is that certain players took a stand. First there is Nigel Farage who started it and is now resigning as UKIP Leader, he apparently wants his life back. We can argue whether we have pressure issues. Perhaps I should step in as the new leader of UKIP, although, I am and will remain a Conservative. I just have an issue with people who desert when the actual work needs to be done. Second is Boris Johnson, one of the main players in Brexit, he too now seems to be turning his back on the entire process. Yet in all this the votes are still done and many of them were either Labour, Conservatives, Lib Dems and pretty much all members of UKIP. The issues is shown all over the UK. Work must now be done, yet we see a shift, we suddenly see the issues rise after the vote. Is it not interesting how we are all getting played?

Remember the voices of Grexit, how parties were all considering Grexit and how we were being played, only to learn well over a year later that expulsion from the EU was never an option, only voluntary exit is an option! Now that the UK decided to exit it voluntary, we see a massive wave of business people and people in the financial and legal industry making things near impossible to continue. No matter how we see these facts, the issue raised by the solicitors at Mishcon de Reya remains valid. Yet, is it not interesting how none of this was clearly stated all over the place before the vote? Is it not interesting that the media seems to have broomed that interesting part under the nearest rug?

Now consider the quote “The outcome of the referendum itself is not legally binding and for the current or future prime minister to invoke article 50 without the approval of parliament is unlawful“, is it not interesting how that part is equally not brought to light before the vote? It seems to me that the people of England have been played. A vote, whilst the players knew that the referendum was not even the beginning to the change. We always knew that there was more in play and as such the Brexit path was always going to take some time, yet to what extent should we see the path that the UK faces?

Now, I regard the part we see from Mishcon de Reya to be possibly very valid. Yet is that in other cases equally so? In opposition there is the article ‘Nick Clegg calls for general election before article 50 is activated’ (at http://www.theguardian.com/politics/2016/jul/03/nick-clegg-general-election-article-50-activated-eu-referendum). My initial question becomes “Wasn’t he some politician in days gone past?” And of course, I would be right, it is the former leader of the Lib Dems, not Tim Farron mind you, who is now calling for an election before Article 50 is enacted. The quote “Our country is in a tailspin. An election of a new parliament in which MPs act responsibly to manage our historic divorce from the EU is the only way to forge some order out of the present chaos” gives the impression that we are dealing with some version of Captain Caveman. Consider the quote ‘a new parliament in which MPs act responsibly‘, so is there something wrong with the current parliament? Then we get the quote “before people have had an opportunity to cast a judgment on what life would actually look like outside the EU would be deeply undemocratic“. Eh, was that not what the referendum was all about? People made the vote. Perhaps Nick is now getting active because his daddy was the Chairman of a bank? Perhaps the banks are truly getting scared of the impact Brexit is starting to have on the Dollar and the Dow? This is perhaps speculation on my side, but only to a small degree.

In that regard all the elements are taking turns for the comical. When we see in addition Tony Blair making the quote “for as long as it takes to get an idea of how the other side looks”, I wonder how long parliament reconvened and started re-elections when the UK had WW1 and WW2 to consider. It seems that the players who were not ready to believe the danger that an irresponsible EU had been bringing that the people have had enough and now they are all reconvening for the friends they have in the banks, their friends in big business. As I see it, a wave of people panicking, all in fear of losing the Status Quo, a clear fear that was given in many occasions and the strongest by Mark Carney, Governor of the Bank of England in his presentation to the House of Lords. Too many people complacent on the Status Quo, relying on people not wanting change, now all screaming bloody murder!

That is not the scenario we can afford and it is one that many in the financial industry are hoping for, because the EU cannot be drained as much and it will stop soon thereafter when the EU buckles. A scenario, with Frexit on the horizon that might not be avoided.

Yet there is another item to link here. It is shown in the article discussing the departure of Nigel Farage (at http://www.theguardian.com/politics/commentisfree/2016/jul/04/the-guardian-view-on-nigel-farages-resignation-an-unserious-man-but-a-serious-party), you see the quote given in there is “Yet they never once said what leaving would actually look like. They mocked anyone who expressed concerns“, yes, that is true, mainly because nobody had a clue what would be the result. The presentation at the House of Lords by Mark Carney already implied it. There was no way of knowing and it had never been done before. Yet in all of that the UK stood in a better place than France will be. The UK had remained with the Pound, so this sterling currency has the ability to bounce back fast and remain sterling in more than one way. The article than starts to rely on what I regard to be intentional miscommunication. An opinion article devoid of identity, an editorial, so can we state now that it is Katharine Viner who is now intentionally misdirecting the audience? You see the quote “After 23 June it can no longer parrot the old cry that everything will be better if we are out of Europe. We are out of Europe. So what does Ukip stand for now?“, You see, there is still a likely truth that leaving the EU will hold better results down the line for the UK, but not immediate, that was ALWAYS a given! And the UK is not ‘out of Europe’, it is now merely in the process of seceding from the EU, which is another matter entirely. This path will take time and there are unknowns. It is likely that if played right the UKIP could grow massively, but that requires Nigel’s A-game, a part he is not playing and perhaps his knowledge on how to play an A-game is equally a mystery to him, I do not know.

What I do know is that the Guardian identity less is equally contemptible as they make Nigel Farage out to be, or Boris Johnson for that matter. What is interesting is the quote at the very end, there is a ring of truth in there, but not one the ‘editorial’ is trying to imbue. The quote “If the next Ukip leader possesses the seriousness that Mr Farage ultimately lacked, the consequences could be profound and deeply worrying“, why is that?

You see, nationalism is often treated as a dirty word, but is that true? You see one issue the EU pushed was some open border policy hoping that a blending of cultures would all make it one grey, one shade of ‘whatever’, large corporations were banking on it as they pushed debts through every European nation through political representation. Yet, the UK is and should be a proud nation, sometimes proud for the wrong reasons or in the wrong light of day, but it has a genuine right to pride, as does France, Germany and Italy. The people behind the screens forgot about that and the pushback is massive in all 4 nations. Frexit could be next. The NY Times is saying it won’t be so (at http://www.nytimes.com/2016/07/04/opinion/why-frexit-wont-happen.html), didn’t they state the same about Brexit? You see, I am not certain it will happen, but it is a lot more realistic than Brexit was. The French population that has had enough of the EU has surpassed 61%, making it a strong majority at present. That is only the population of France, the power players are now in a direct confrontation with Germany. Any talks between France and Germany have been problematic to say the least in the past, but that was with the UK as a stabilising element, without the UK those two will come to blow sooner rather than later and Italy could be the wildcard here too. Unless it finds levels of stability the EU talks will take an interesting dimension soon enough.

There is one element that makes the NY Times the punching hammer to take notice of. The quote “Now comes the naked truth: For the past 10 years, the European Union has failed to deliver on the main objective it was set up to achieve: shielding its citizens from insecurity. Over the past few days, European leaders, in a state of shock, have hastily identified three priorities on which to focus if they want to save their union: security, migration and economic growth“, it is part of the issues that drove Brexit. Not immigration, not racism, but the realisation that the EU is not delivering, whilst its ECB is stimulating national governmental debts by spending trillions. With ‘investors’ looking towards Mario Draghi on opening new stimulus packages, we all need to wonder why is allowed to take this path. It appears that banks are back in risk taking mode, the ECB is ready to spend another trillion (exact amount is actually not known), yet no one is asking the questions that need to be asked, the reason that got us to Brexit and will soon push forward Frexit stronger and stronger. The mere inability to properly budget within governments and Mario Draghi playing ‘Spending Clause’ in July should worry the population of the EU at large.

The Guardian editorial decided not to take any of that on board, mainly because bashing Farage is still the easiest job to do and the last thing they want is to illuminate that democracy is not set to the most votes, it is set to who has the most influential income to push the votes of others, which was never any form of democracy, not in my book at least.

 

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Run Michael Run!

 

Our David met Goliath, ehh, I meant Brexit and took a dive. He did not slay the Brexit, but that in itself was no real reason to quit. Let’s face it, the people are losing more and more hope regarding the validity of a united Europe. The one issue that requires addressing is wholeheartedly ignored all over Europe. Now, we see all over Europe messages like “the spectre of a “Frexit” now hangs over France” (at http://www.irishtimes.com/news/world/europe/frexit-to-be-major-issue-in-french-2017-presidential-campaign-1.2703237). Which is not even the most important part. Nexit seems to have been avoided when we see “A narrow majority of 53 percent of Dutch voters are against holding a referendum on whether or not the Netherlands should stay in the European Union” (at http://www.nltimes.nl/2016/06/27/dutch-narrowly-nexit-70-low-educated-favor/), which is only marginally good for Europe. You see, the issue that drives these exits are not being dealt with. Frexit remains an issue as the majority in Fr4nace is now in Favour of a referendum, that majority is surpassing the 60% line. Nexit remains an issue as the far right party PVV is steering the same course as UKIP. Yet there is one difference here. The PVV is currently the largest party, it is actually larger than Dutch Labour (PvdA) and Dutch ‘conservatives’ (CDA) combined. The only part is that what might be regarded as ‘Dutch Liberal Democrats’ (VVD) is in second place and they can unite with either PvdA or CDA to stop the PVV party led by Geert Wilders. So when it comes to Nexit, there is a larger danger as PVV is all in favour and there is a lot of support within the constituency of the other parties too. Even as the media is ‘hiding’ it behind the fact that low educated people are in favour of leaving the EU, the truth is that most politicians are too cowardly to speak out against the gross overspending of Mario Draghi in addition to most of these governments remaining unable to get their budgets in order. I personally regard this as the number one fear that people have. The next generation is handed a debt of too many trillions of Euros. Grexit is in no way the main reason, the wrong actions that have ruled a non-Grexit is the other reason people want out of the EU, but they do not seem to blame the Greeks, only the non-acts by all parties that should have decided to push Greece out of the EU and find a way outside of it to support growth and stabilisation. Now, that path is no longer realistic and the masses are all upset of non-actions.

These elements will all affect the UK. Even now as we see “Deutsche Bank AG is the riskiest financial institution in the world as a potential source of external shocks to the financial system, according to the International Monetary Fund” (at http://www.theaustralian.com.au/business/financial-services/deutsche-riskiest-bank-in-the-world-imf/news-story/4ed1043ffdf76cb26324b531dd0f3171), certain events that have not been properly dealt with will all hit the UK one way or another. Now that the German economy is getting a downgrade, which the IMF states is due to Brexit, but that is not entirely correct!

You see the quote “Britain is an important trade partner for Germany, and significant changes in the economic relationship between the two countries will have repercussions for Germany” is one we could have expected, yet the falsehood of it is also a given. You see Germany has every option to broker an immediate deal with the UK. But the banking powers are now all about ‘procedures‘ and ‘leaving the EU‘, which sounds correct, but let’s not forget that these parties have looked at an optional Grexit for 3 years, is it not weird that any EU exit is not properly addressed? When you consider that, then consider why we suddenly get these new Grexit fears, fears that are considering the voluntary need of an exit would be unfounded.

In this primordial mess we see Michael Gove moving towards the leadership!

This is where I am in favour of Michael Gove taking leadership. We can see in the first part that Boris Johnson has his own agenda, which could be fair enough, but it is important to unite all the conservatives for whatever comes next, it is my personal view that Boris Johnson will not be the man to get that done. In another light we could conclude that Theresa May would not be the right choice either. Her dealing in the Abu Qatada case is one. I raised a few issues in my article ‘Humanitarian Law v National security‘ (at https://lawlordtobe.com/2013/03/10/humanitarian-law-v-national-security/), in addition I will be the first one to state that this is not all on Theresa May and that the office of Dame Stella Rimington (MI-5) needs to take a truckload of the errors involved, his entry on a forged passport happened on her watch. For me the strongest issues were shown in 2014 (at https://www.theguardian.com/uk-news/2014/sep/02/theresa-may-political-correctness-rotherham-abuse), the Rotherham scandal left its mark, the entire matter as blamed on  “institutionalised political correctness” leaves us with a nasty aftertaste, the fact that too many sides that are non-prosecuted will stain (illogically and wrongfully) the coat of Theresa May and as such, she would not have the gravitas she would need to be a successful leader of the Conservative party.

Michael Gove gave himself a boost with the letter that the Independent printed. His 1500 word essay (at http://www.independent.co.uk/news/uk/politics/eu-referendum-michael-goves-full-statement-on-why-he-is-backing-brexit-a6886221.html) gave the people something to think about. I reckon that the well thought actions of Michael Gove, with the added distinction of Mark Carney could be what the UK needs to move forward faster. I believe that the indecisiveness of the other players outside of the UK will only give more strength to these two power players. The UK must move forward and the Conservatives are still governing. This is unlikely to change as Jeremy Corbyn is now contested as leader as we see Angela Eagle picking up the momentum to remove Jeremy Corbyn. As a conservative I will not mind, you see, whomever ends up in charge of Labour, the Conservatives will end up being in a better position either way, the division that these two players bring to the Labour party will be equally a blessing for Tim Farron, the Lib Dems could profit of this infighting in no small way. Tim Farron has in my view a few other issues to deal with, but those would shrink if he can grow his party fast enough.

This gets us back to my Conservative party, likely under leadership of Michael Gove. Unity is for all parties a need and there is a mess with Brexit to deal with, which is exactly why I think that Tim Farron’s call to undo Brexit is a lot more dangerous, especially as 3 nations are now considering and aiming to secede from the EU at present. Michael Gove is in my view the strongest runner for the conservatives at present. Yet, we must accept that there are a few flaws in that case. Even if we ignore the popularised expression ‘50 shades of Gove‘, we should not ignore the Financial Times (at http://www.ft.com/cms/s/0/ca079702-392d-11e6-9a05-82a9b15a8ee7.html#axzz4D3Y8IePA), where we see “a slogan without substance is a flimsy platform for future success“, which is true when it is just a slogan, a 1500 word essay is another matter. From that point of view, Michael Gove is pretty much the only contender left standing. The quote the FT has at the start “One thing has become clear over the course of the UK’s referendum campaign, and even clearer since the Brexit vote: no matter how you define leadership, this isn’t it” is equally matter for debate. It could apply to the callously shabby way Boris Johnson took it, yet in all that Michael Gove gave clear reasoning. The part that is equally interesting is the fact that the Financial Times did not dig into the real pain the UK people had, by not leading that part, we got to the place we are now. The FT also states “Plenty of companies are now scrambling to adjust their plans because of the unexpected outcome. They are guilty of a lack of foresight“, which is true, but it is equally the arrogant consequence of anticipated outcome through the bullying of some of the players. One example was Citibank and how they would ‘move’ operations if Brexit became a reality (at http://www.cnbc.com/2016/06/09/citigroup-warns-staff-of-brexit-risk-to-uk-operations-report.html), in my view I state: ‘Well James Bardrick, you got you’re Brexit, so would you kindly fuck off towards Germany, France or the Netherlands!‘ and please do so by the end of next week!

You know, I reckon that they will remeasure their actions, because Frexit is still a possibility Nexit is not definitely averted and the Deutsche Bank as well as the German economy would impact whatever you shift towards Germany. In addition, the changes in India and certain shifts all over Asia Pacific requires a stability foundation, which means that Citibank definitely requires to remain strong in the UK. If not for what is, than certainly for what might be. If I am correct (4 out of 4 would be nice), than there is a strong chance that the M&M team (Michael Gove and Mark Carney) could propel the UK positive ahead of schedule, meaning that Citibank would cut itself in the fingers in more than one way. In addition, and pardon my French, Citibank could end up being the bitch of Natixis in France, a very French way of banking I might add. Giving rise in more than one way that Citibank could lose momentum when it leaves UK operations, letting other banks move in and making the Citibank lose additional market share, which seems like such an ego based error to make.

All in all we can go for the slogan ‘Run Michael Run‘, looking towards better times, not immediate mind you, but possibly faster than we thought possible, the IMF papers regarding France give weight to that, providing the UK, more specifically if the Rt Hon Hugo Swire can get a few trade irons ready for agreement with France, the Netherlands and Germany. If he pulls this of, the UK is on a first leg towards true economic restoration, with the absence of Mario Draghi’s overspending nature.

In the end these are elements that matter, but strongest of all is to address the people who feel that they have been left out in the cold by Europe. National pride is only a first step, momentum will be gained by achieving results, in that Mark Carney remains correct, these steps come with a large risk, whether it is too large is for all players actually remains an unknown for now.

 

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On the day of voting

It is the day of the referendum and as is to be expected, the final views are given towards either Brexit or Bremain. In this we need to look at ‘yesterday’s news’ as given (at https://www.theguardian.com/world/2016/jun/22/nato-chief-says-uk-staying-in-the-eu-is-key-to-fighting-terrorism), we see the title ‘Nato chief says UK staying in the EU is key to fighting terrorism‘, to that my initial response is: “Is that so?” It is the quote “What I can do is tell you what matters for Nato, and a strong UK in a strong Europe is good for the UK and it’s good for Nato, because we are faced with unprecedented security challenges, with terrorism, with instability and an unpredictable security environment, and a fragmented Europe will add to instability and unpredictability“, the quote reads nice, but how correct is it? Perhaps correct is not even the right word here, as the quote is a correct one. The issue that Jens Stoltenberg, NATO’s secretary general is dancing around is seen in: ‘a strong UK in a strong Europe is good for the UK‘ as well as ‘a fragmented Europe will add to instability and unpredictability‘. You see that is already happening at present. The issue that has been on the table from the beginning is what I personally regard is the unacceptable amount of overspending and feigned credit limits, where the people have quite literally ended up with nothing to show for. In the second, there is the matter of Greece. Mind you, this is not about blaming Greece, this is about the fact that hard decisions should have been made 3 years ago, but Europe, and within that its own NATO were all about the status quo and the internal deception that if you ignore it, it goes away! That has not resolved in any resolution. Mario Draghi has set forth spending well over a trillion with what we can see, nothing to show for, only a weighted regression towards the unstable extreme. That can be shown in equal ease as we see that the trillions in overspending have not resulted in any positive light, only in slowly moving backwards, at the expense of…what exactly?

Well, we can argue that is equally at the expense of a more fragmented and weaker Europe. This is exactly the issue Mark Carney left me (in all honesty less towards Brexit and more towards Bremain), but the question, can we afford these unacceptable levels of spending and force European budgeting? That is something Mark Carney, Governor of the Bank of England cannot guarantee (which in all fairness he can’t and that does not reflect negatively on him), which is in my view the main reason why Brexit gained the momentum it needed.

The issue ‘add to instability and unpredictability‘ is equally an issue, not because of Brexit, but because of the EU, which in heart is trying to remain a negotiating party, even after we have seen too many examples where this is not leading to anything. As evidence I would like to call towards Turkey. The latest event (at http://www.dw.com/en/turkey-blocks-german-delegation-airbase-trip-over-armenian-genocide-row/a-19349172), where a historic event of 1915 is cause to block a German delegation. The amount of unacceptable acts by Turkey, whilst making all kinds of demands have left more than one party in a state of concern, but the EU wants to be seen as the ‘talking party’, not a decision maker in sight. Even if we ignore this event, the acts that Turkey has shown in regards towards refugee smuggling as well as the downing of the Russian Jet, based on clear evidence that makes the act in light of Islamic State issues utterly unacceptable, but the European Community is not speaking out. At best it is cautiously whispering. How is that contributing to ‘stability and predictability?‘ As I personally see it: it is not and it will not!

So the two elements in this NATO debacle are now already debunked and Bremain would not have made any difference. Now we get to Whopper dealer #2. Here we see France’s president, François Hollande making the statement that has been debunked long ago. The quote “There’s a very serious risk for the United Kingdom not to be able to access the common market and … the European economic area any more“. Do you actually think that ANY, I say again ANY party will be unwilling to commercially deal with the UK? Hah! I say. For example. If France holds true word and stops for example the commerce of French Wine, French Cheese and a few more items. It would lighten up the Cheese markets of the Netherlands and Belgium in addition there would be a massive growth opportunity for German and perhaps even Hungarian wines, whilst France’s commercial position shrinks from 6th to 11th on the world list of exports (based on 2015 estimates and my estimated French drop), falling below Belgium. So how is his statement folly? It is simple: it is a buyers’ market and the UK still wants to buy, providing it can sell too. Making them an interesting partner for all of Western Europe, especially as the UK imports more than it exports. It imported 629 million, whilst only exporting 465 million (source: Trade statistics for international business development), so a very welcome trading partner for every nation willing to strike a deal. Do you think for one moment that France could even chance to lose these levels of business? I personally think that this is not even a scaremongering quote, it is one made in infinite fear of the upcoming Frexit referendum which is a certain when Brexit happens. It is also one that will end the presidency of Francois Hollande, which is pretty much a given at present. Only now do we see more newscasts take the Frexit chance more seriously, almost two years after I predicted the danger and the chance of it. It is true that only Marine Le Penn is voicing this promise, but it is clear that too many French are demanding a French referendum, none of the French parties can avoid a French referendum at present, making the statement Francois Hollande makes even less valuable and more questionable.

The article has a few more ‘gems’ to throw against Bremain, but I think a clear point has been made. Those who are evangelising the EU, have been and remain to be unable and unwilling to address the flaws the EU has. An unaccountable part that refuses to stop wasting resources and funds, only to satisfy the status quo. They had 6 months to make strong changes here and nothing got done, so as it is now in the final hours we see iteration of events and iterations of claims that are being made on both sides of the isle, yet now it is more and more important that the Bremain side shows strength. One side that did that was the EU via Jens Stoltenberg and as I personally see it, it failed miserably!

It would be equally fair to have a go at Brexit now and I am all for fairness. Yet, I am a little biased, so bear with me (pun intended)! We see that David Cameron is having a go at his previous buddy Mickey Gove, or as non-intimi call him: the Right Honourable Michael Gove, Lord Chancellor Secretary of State for Justice (at http://www.theguardian.com/politics/2016/jun/22/cameron-gove-has-lost-it-in-comparing-anti-brexit-economists-to-nazi-experts). Here we see the important quote “We have to be careful about historical comparisons, but Albert Einstein during the 1930s was denounced by the German authorities for being wrong and his theories were denounced and one of the reasons, of course, he was denounced was because he was Jewish,” Gove said. “They got 100 German scientists in the pay of the government to say that he was wrong and Einstein said, ‘Look, if I was wrong, one would have been enough.’”, which is slightly awkward. Not because he is either right or wrong, but because any reference to any Nazi event tends to get emotional backlash. What he is questioning is what I have questioned. The economic ‘experts’ making the wildest claims are partially those same experts that have been wrongly forecasting the economy again and again. A system of overoptimistic forecasting which follows spending (often too high), after which we see cycles of managed bad news. This has been happening all over Europe, which is why there are many trillions of debt. These experts will not be trusted in any way, shape or form as they require the continuation of the EU (if they want to continue their gravy train) and as such, their views would be skewed and weighted.

What is interesting that Europe’s irresponsible overspending does not make it on either table, which remains at the heart of the matter as I see it! I believe it to be a balancing seesaw attempt to keep the US Dollar afloat, because when the Euro goes, the US Dollar will find itself in a reweighted status, one that is unlikely to be anything but disastrous for the US and for those relying on its stability.

To those deciding to vote today. To you I state: ‘Do what you honestly believe is the best for you, your family and England! No matter how you feel at present, find the speech Mark Carney gave to the House of Lords and read that before you vote. It is a true and honest recital, he mentions the risks England faces and those risks are real. The question becomes, are those risks worse than the current irresponsible acts by the massively overspending EU politicians? If the answer to that is Yes, than Bremain is your likely voice, if you feel that it is ‘no’, the fact that the current irresponsible acts by the EU politicians spending too much again and again is indeed the biggest danger, then Brexit becomes your path!

I have no voice in this, I have tried to give you my honest view in this. To show insight whenever and where ever I could. Now it is up to the voters and the results will be seen and felt all over the world from tomorrow onwards.

Mark Carney Testimonial in the House of Lords

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The Utopian Disaster

It is February 2016, two persons walk into a shop and this place has all the nice goodies on sale, in this case a Blu-ray and a video game. One person picks up one of each and pays cash, the other one swipes his mobile for a game. His payment goes wrong, he frowns and checks his mobile, then tries again. Again a failure, now he transfers some cash to his mobile and pays, as he does that he learns that he had been swiped less than 120 seconds earlier. Neither noticed, neither saw any alarms, someone walked out with his mobile $75 and it went unnoticed.

In this day and age where this is still happening on a daily basis we get confronted with ‘A last hurrah for banknotes as UK switches to mobile and card payment‘ (at https://www.theguardian.com/business/2016/jun/04/uk-switch-to-cashless-society-contactless-payment), the subtitle gives us the question that matters: “if Britain is ready to become a cashless society“, that is the question and it is a rather tough one to answer. You see, technically we can implement this, yet, how can we guarantee security? In the old days a pickpocket had to interact with the person they were trying to rob, which is not a given in this case. Nowadays the thief needs to get within 10 meters, which means that the criminal could be a whole floor away swiping electronic wallets left, right and centre.

So why are we embracing a system that is actually empowering crime and criminals?

The guardian gives us this initial example: “When Transport for London banned cash on the buses in mid-2014, it was greeted with a backlash from some quarters; “passenger fury” said one headline, “ban hits the vulnerable” was another. Yet, two years on, behaviour has adjusted. TfL says it has saved £24m in cash-handling costs, and queues have improved“, which might be fair enough, but how are fare’s paid for? You see, the bus still costs and here we see that the Oyster card replaces money. Now, this is not a bad idea. You fill up the card and use it as you board the bus and tram. In Australia it is called the Opal card and there is wisdom having one. I do not oppose certain systems that take money out of the immediate equation. Yet, all this is a long way from a cashless society. In that regard I have been a victim myself and I know others would suddenly lose dollars of their card. Now, these things happen, we misplace a banknote, yet when it happens to a travel card, we do not find that money again. Should we therefore not do it? No! If we are becoming increasingly reliant on public transportation, having a streamlined system, including an Oyster card (or whatever it is called) seems to be the path to take.

Yet in all this, with organised crime being better equipped than the fortune 500, relying on a safe digital age is not the way to go for now. You see the news 2 days ago gave us “A Geraldton magistrate has called credit cards that offer contactless payments “rife for being exploited”, after a 29-year-old man appeared in court on 11 fraud charges for using an unlawfully obtained credit card“, this was a man on drugs, which is also likely why he got found out this quickly. He racked up $715 in fraudulent transactions in a three-hour period. So the victim would not have known this until much later, perhaps even days later. By the time it gets out into the light, there would be little to do against it. And the news is about to get worse.

The ABC in January this year reported (at http://www.abc.net.au/science/articles/2016/01/27/4392905.htm) “First, the criminals manage to install malicious software on the point-of-sale device in a restaurant, bakery or hardware store. This is very common. The crooks will use this information to make counterfeit credit cards that can be used to buy gift or debit cards, which in turn can be used to buy expensive stuff that can be resold for cash. Second, the hackers can compromise the network of a company that processes transactions between the various banks involved – such as the bank that issued your card, and the merchant bank used by your retailer. They can steal an enormous amount of card accounts in a very short time. Third, they can attack the database or website of an online merchant. The fourth method is an oldie but a Goldie — “skimming”

Four methods, still in place today and in many cases there is little to no protection, that money is just gone. Now, there are two sides here. One, should card usage stop? I do not think that this is a pragmatic approach or one that is even viable at this stage, but the transformation towards a cashless society is equally not an option. Not until the defences become a lot better. Now just electronically, but essentially a better system that gives levels of non-repudiation. That is something no one seems to want, for the mere situation that time is money and the USA is broke, bankrupt!

Why do you think that this push is happening now, even though many parties know that the switch is not an option at present? In my view this is in part because the USA needs to refinance 6 trillion dollars this year and it is not even close to getting that done. The switch to cashless sooner rather than later allows for shifts of cash from the real world into the virtual world, a place where no one can keep track of it. Yet that is not enough! The US mainly needs the shift to happen, so that the invested value can become a reality, the switch can be bought with ‘cash’ the US does not have and pay for it through the charge of every transaction that goes through this system.

It is a dangerous solution and the fact that the parties involved are willing to take a risk that organised crime would come out on top here is even more disturbing. Let’s take a look at the evidence here, because without that, it is a speculative rant at best.

  1. Here is the clip of a skimming device being installed, which took less than 3 seconds (at http://thehackernews.com/2016/03/credit-card-skimming-hack.html).

This could impact small businesses overnight, with the criminals laughing themselves into wealth.

  1. Here we see an employee skimming cards to increase his fortune, so fast-food comes at a price (at https://www.youtube.com/watch?v=oAP7sVh4smc), we see a few more examples which also gives us additional worries, most small business owners would be clueless that fuel pumps could be rigged in mere seconds. A cashless society and the funds that are supposed to be yours will be going somewhere else real fast.

Now, important to note is that in this non-cashless age, this is already happening and there is no clear way to protect one’s self, which clearly implies that in a cashless society we would be in increasing danger of losing our hard earned cash. In addition, as we are aware of these weaknesses, why is the drive to cashless so strong? When the press asks whether they good guys are winning the war, the cautious response form Steve Scarince from the US Secret Service is “It’s even right now“, which is not only not so reassuring, it is hardly a win and that is just within the US, where there are at least a few handles on Credit card fraud, yet the employee event only got the transgressor 2 years’ probation, giving a clear message to crime that for now, cashless financial crimes are still rewarding. In addition, in a similar place, how many employees have not been found out?

And this is just the small stuff!

The fact that courts aren’t treating cybercrimes more serious and deal out harsher penalties is equally disturbing. In addition, the courts are still a problem too. In most nations that practice common law the rules of evidence is still taking a seat back towards the digital age. This gives us two problems in that frame alone.

Let’s take a look at these three points:

  • computer records and printouts may be tendered as documentary evidence or as business records to prove what they contain – this is an exception to the rule against hearsay, which would otherwise stop such material being relied on to prove the truth of its contents;
  • it is possible to prove that particular processes are carried out on information and communications technologies (ICT) equipment and in some jurisdictions there is a rebuttable presumption that a computer works correctly; and
  • Under expert evidence provisions, experts can give evidence about the operation of computers.

This now reflects back to the works of Smith, Grabosky and Urbas (2004) where we see on page 38  ‘that 75% of cases referred for prosecution to federal authorities were declined, primarily due to lack of evidence‘, this is why I mentioned the fact that the US has some credit card fraud, but the rules of evidence has not caught up which means that 75% walks away from this, which now gives additional concern when we consider the earlier employee in the fast food industry skimming client cards as well as shopkeepers ending up with a card reader containing a skimming device. At this point Crime pays a little too well. Yet it is my personal view that with the US is such deep financial troubles the banks will accept any option that continues their way of life, which is equally disturbing on a few levels.

We see this failure again on a second level of problems. This is seen when we deal with the issue of proportionality. When we consider the quote “In the case of cyber-crime this raises serious difficulties as the consequences of some types of offending can be devastating, such as the creation and release of a computer virus, and yet the conduct itself may involve no physical violence or even contact with other people“, the sentencing takes no consideration to the other hardships that a victim has to go through. New bank cards, new credit cards, filing documents regarding financial loss and the economic impact the fraud had. Apart from that there is the chance that misdoings will impact that person’s credit score with the possible continuation to even more economic hardship and even a realistic impact on their economic footprint. None of that is weighted properly in court. A person with a mere scratch could end up in a better position, a realistic situation that is immoral and a-moral.

This is maintained when we look at R v Boden [2002] QCA 164, here we see “a 49 year old hacker, Votek Boden was sentenced to two years’ imprisonment after being found guilty of hacking into the Maroochy Shire’s computerised waste management system. Boden was accused of causing millions of litres of raw sewage to spill out into local rivers and parks killing marine life and causing offensive smells“, which gives us the following

– In the first, system transgression tends to be too easy

– In the second, the fact that this person is established to have committed ‘ecological mass murder’ and it seems to be ‘punished’ with a mere 2 year’s imprisonment.

The law has not caught up in Australia, New Zealand, the United Kingdom and Canada. With these Commonwealth nations already falling short, whilst we can also clearly see that the US is not ready either, we see news that several places are now slowly gesturing towards a cashless society. The Guardian article gives us “A major milestone on the path to a cashless society was passed in 2015, the first year that consumers used cash for less than half of all payments, according to Payments UK, which represents the major banks, building societies and payment providers“, which is fair enough. The article does not clearly elaborate that it took the UK the better part of 25 years to get to this point. We then see “It predicts that cash usage will not be eclipsed by debit cards and contactless until 2021“, which is an earie ‘forecast’. It is earie because it is practically impossible to get the proper adjustments done to law within that term, if we all remember the Houses of Commons versus Lords Ping Pong Match, the adjustments required for Criminal Law Act 1967, the Serious Crime Act 2015, the Civil Evidence Act 1995, the Criminal Evidence Act 1898 as well as the Police and Criminal Evidence Act 1984 will take at least a few years more than that and these are just 5 points out of a list that is decently larger than this. This all becomes even more unsettling if the UK becomes a Bremain group, because in that case the UK will need to deal with the EU settled laws as well, which is unlikely to be a positive thing. It is almost certainly a Utopian disaster that is ready to happen.

There are additional sides, sides where cashless seems to have grown naturally, like in Sweden. Yet the misdirection we see when we see an entrance to their version of the underground with the text “Stockholm’s Metro does not accept cash payments“, you see that is in part true, you use their version of the Oyster/Opal card, a situation several nations are going towards, some are already there. The article (at https://www.theguardian.com/business/2016/jun/04/sweden-cashless-society-cards-phone-apps-leading-europe), where we see “cash transactions made up barely 2% of the value of all payments made in Sweden last year – a figure some see dropping to 0.5% by 2020“, whilst the article ends with ““Even if, in the next few years, Swedes use almost no cash at all, going 100% cashless needs a political decision,” he said. “The idea of cash, even in Sweden, remains very strong.”“, which is a separate truth, moving away from currency will forever be an issue, and when we see that one nation being at that point for 98%, we see these people having an issue of becoming a cashless society, we better believe that the Commonwealth at large will not be ready for a long time to come.

Yet, the other side is also there. Although finding anything decently reputable is almost a non-option. I am surprised that we see increasing mentions of the cashless society.  The quote we see (at http://www.financemagnates.com/fm-home/moving-towards-cashless-society/) gives me a few issues “The transition towards a cashless society seems inexorable. The incredible rise of fintech payment companies like Square, WePay and TransferWise, along with the increased popularity of Bitcoin and cryptocurrencies, are making traditional banks and old payment systems obsolete, with cash becoming less important“, there is truth here, but there is also another issue, the risk of economic degradation and the legalisation of slavery.

That part I have to explain!

We have moved from a balanced book world towards a GDP ruled world, where the interest payment of debt is set against the GDP, so that the total amount of borrowing could be raised again and again. Yet in all this there were limits because total debt remains an issue, especially for the US as it will have to refinance 6 trillion this year alone, meaning that if it fails, the US becomes bankrupt! In defence we see mentioned: “Yes, America has a long-term debt issue, but no, it is not going bankrupt. Just ask the rest of the world that is scooping up US Treasury bonds by the hundreds of billions“, which could be fair enough. Yet in all this, why would these government buy ‘bad’ bonds, especially as those nations are just as deep in debt? In my view, the view that was proven with the Greek deficit situation is because those who make the decisions get a lot more out of this deal, they get to continue their comfortable way of life. If that falls away they will be in hardship, just like everyone else! So as we see additional debts getting set up to deal with previous debt, that path leaves a nation with nothing. Should you doubt me, then consider when has the US kept its budget and what steps are clearly in place to pay off the debt it has?

So when we consider those people buying US bonds, we need to realise that this act could cost the US an additional $30-$60 billion depending whether the US can offer those bonds at 0.5% or 1%, the question becomes who is willing to take that risk at 1%? To counter this every American resident would have to make a $92-$195 donation to the state and that is just the additional cost of a bond. Yes, not taxation, but donation, because all the tax money has already been spend and the US, unable to keep their budgets in check has already spent next year’s budget. This is why a cashless society works for the US government and it works for those in power within the US. With the link between existing cash and debt removed, it becomes a virtual world. A world ruled by econometrists, economists and banks. I wonder if the US population realise that they did not elect these people, those people who keep on deciding how trillions are wasted. At that point, a point that is uncomfortably close by, the US crosses the critical boundary where its population is categorised into who are either a Benefit or a Burden. We to those who are not a Benefit, because they will lose a lot more than we all bargained for. That fear will also reside within the EU and the UK is no different for now. It is that fear, additional to the responsibilities and the needs of the people that needs to address this. We end up being a group of people to work solely to remove the debt handed to us by irresponsible people who are not held to account (evidence: see previous Greek administrations), we become a legally defined workforce in what could be regarded as slavery.

Yes, cashless might be the path of the future, but in this age of irresponsible spending, the backlash would be massive and it tends to come out after the spenders are gone and they are not held to account, they will live their life on a mansion in luxury. An option that is not there for you and me, moreover that person will be doing it using our money and our savings. Did you sign up for that?

The cashless path is coming somewhere in the future and until proper preparations, checks and balances are in place the slogan becomes: ‘abandon all hope ye who enter that path!

 

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Your Affordable Front door Key

There was an interesting article in the Guardian yesterday (at http://www.theguardian.com/housing-network/2016/jun/03/london-foreign-investors-money-housing-property). The article has a missing side, but that is not in question. You see Dawn Foster is illuminating an essential side. The issue ‘housing without xenophobia‘ is well found and well-founded too, all rounded and informative. An excellent piece. My side is not of opposition, but on a part she did not pause on (which was never a requirement).

The quote “they drone about how “Britain is full”” is one you need to remember, you probably will because the average UKIP person will hammer it to an uninterested audience on a daily basis. The second quote is probably one of the most brilliant ones “Britain is not “full” and very little of the country is built upon. With an ageing demographic, we need our population to expand; and with birth rates declining, immigration will be key to propping up the economy, the NHS and the care industry“, I agree with Dawn, but in that light she does not acknowledge that London is actually ‘full’, that part is nearly a given. Nearly being the operative word as the bulk of the UK population can’t afford to live there. There are plenty of other places where people in the UK cannot live, because the prices have gone up by too much. You see, the silent part in this article is all around ‘affordable housing’.

Dawn does illustrate this in the quote “But the most pernicious and covert xenophobia in the housing debate concerns “foreign ownership”. The amount of overseas investment, particularly in the London housing market, is increasing. Empty towers owned by foreign money are also an issue, because they ramp up house prices and concentrate construction on luxury suites rather than family homes and flats for first-time buyers” and she emphasises the need for housing to be affordable. Yet, I ‘accuse’ her of remaining silent? How come?

Well, first of all, her article was not required to ponder on it, perhaps we the readers should be doing that. The UK must soon, if not as early as yesterday amend the investment rules regarding real estate and investments. You see Dawn is not the first person getting close to the issue. There was David Batty, who is not as batty as some say he is (at http://www.theguardian.com/housing-network/2016/jan/30/luxury-london-homes-86m-social-housing), where we see on January 30th of this year “A Treasury spokesman said: “This government is already taking strong action to ensure fairness in the housing market and help people on to the housing ladder. In 2014 we introduced a higher rate of stamp duty for properties over £1.5m and from April 2016 additional properties will face additional rates of stamp duty. This will enable us to double the affordable housing budget”“, which makes me wonder how far those plans are coming along. In April of this year (at http://www.theguardian.com/cities/2016/apr/20/london-housing-crisis-sub-prime-problem-super-prime), Anna Minton reminds us with “Down the road from Balfron, Peter and Alison Smithson’s Robin Hood Gardens, also internationally acclaimed, failed in its bid to gain listing, and is now one of dozens of estates, housing tens of thousands of people around London, facing imminent demolition“, we should not forget to carefully ponder the quote “While David Cameron has heavily promoted the sink estate narrative to justify “estate regeneration” – essentially a euphemism for demolition – Lord Adonis (PS not the same person Greece refers to), the former Labour minister appointed by George Osborne to chair the national infrastructure commission, is given to blunter statements, having made it clear that a central reason to knock down London’s estates is that they are sitting on “some of the most expensive land in the world”“, it is there that we see the problems and the issues for London and for the UK. The part ‘the most expensive land in the world‘ comes from a push we saw in the 80’s. I remember those times really well. Here is an actual decent quote from the Telegraph (who knew): “Mrs Thatcher and her Chancellor Geoffrey Howe confronted the recession in a very brutal way. Rather that cut taxes, they raised them, and rather than increase Government spending, they slashed it“, written by Angela Monaghan. It is not unlike the days the UK is facing right now, people have forgotten that from that era new wealth was created, in similar light, the politicians have forgotten that life in those days was at least to some extent affordable when we consider the UK rents, so there is the issue that is unspoken, we need to cap certain events, not in light of some assumptionary value of land, but to a value where we count the value on how many people are housed within that area. That is where we need to see the changes to investment taxation when it comes to real estate. So what if this balance is not a seesaw as we often approach it, what if it is more like a Balancing Bird Center of Gravity (at http://www.amazon.com/Balancing-Center-Gravity-Physics-Colors/dp/B0019LNESE)? So as the body and tail of the bird is the lucrative side of investment property as foreign investors see it, than the affordable housing part would be represented by the size of the wings. The fairness of not opposing ‘profit’ for those foreign and domestic investors, but to carry their profit they need to invest into the wings and quite a large amount too. Of course, that could mean that the wings are not in London, but that would not be the worst part would it? In the end those houses are also part of their fortune, whether it is rent to own, the foundation of those investors becoming housing corporations or even the start of a new British housing dynasty. They will grow into long term investors and growing the need the UK has for affordable housing, which is where we see the highly needed balance of profit and endurance.

That is the silent non addressed issue. That part should have been dealt with for the longest of amounts. One of the articles mentions Heygate Estate, we see the area of Walworth, Southwark, and South-London as a housing project, but what it became was even worse than a failure. The fact that it required to be demolished 40 years later, only 40 years later is the huge issue. The idea of modernisation was overshadowed by many issues, yet in this light is the clarity that the buildings failed to foster a sense of community. In my view it seems to image a prison estate. Modernisation without elegance fosters alienation plain and simple. Architect Tim Tinker stated: “farrago of half-truths and lies put together by people who should have known better” (at http://www.bbc.com/news/uk-england-london-23371735), yet who are those people? You see, when you place people in such a massive proximity, you negate the need for what I regard to be ‘spacious privacy‘. You might not comprehend this, or at least some of you will not, but when you are in an office, try to relate to people working in cubicles, those people tend to be different. Isolation in a work environment creates a different form of segregation. There is actually a decent blog article on the matter (at https://www.tradegecko.com/blog/open-office-beneficial-detrimental), I think that there is another layer at work. The writer states this on the open Facebook/Google culture “They are popular and effective no doubt, but only work because their office layouts align with their company culture and caters to diverse staff needs“, here I do not completely agree. Yes, he is stating a correct fact, but an incomplete one. You see, in an open environment we do not only work our way, work in open space and in cohesion, it works because these people work with the need to consider the work of others. That is where these housing projects are an issue. As there is a lack of community, consideration takes a downturn for the worse more and more. Yes, it can breed inconsideration, crime and anti-social behaviour, but is that actually happening or is that only happening in the mind of the other person, the fear of hardship due to isolation? Only the people who lived there would be able to tell for certain.

It is a mere question and the question matters because that is a psychological event that has been known LONG BEFORE that housing project became to be. I personally believe that if the project was more spacious, with a small Tesco mall in the middle with a lower population on such an area, I reckon (an assumption on my side) that a critical population point was surpassed here. I do not have the skills or the math to help you in that regard, it is only speculation from my side. However, to see housing to be demolished after merely 40 years shows a larger problem, problems with planning, with execution and perhaps even with the quality. Whatever it is, this needs to be done better and it needs to be done soon and adjusting foreign investments is the only clear way to do this (so far four administrations have been a failure in this). The issue as I see it is that Margaret Thatcher was the last one truly working on affordable housing. Some state that this started to happen in 1997, whilst there is enough evidence that the flat line was as early as 1991, making the starting point of this issue whilst the power was in the hands of Sir John Major, the fact that this continued during what we now laughingly refer to as New Labour. Even as we accept that a lot was done under the Thatcher government, we have to raise the issue that several of them after 40 years are now changing hands and getting pushed into other projects, making the costs 40 years ago high and might be regarded as a bad investment. This is here we are now, the need for affordable housing and no solution in sight, especially when the government is well over a trillion short. Foreign investors could be the solution, but it will require a different kind of investor. Now, we will hear on how those investors will consider it bad investment and walk away, because plenty of them are all about short term gains. I am stating that we do not deny them the gains, we just want them to be longer term, especially with the massive tax breaks they enjoy. They can feel free to move to the US and invest there, but when that 18 trillion debt collection falters their investments could collapse or be held against much higher tariffs making the United Kingdom the best option for a safe investment, even if it is not short term. And if they back off there will be other new millionaires jumping at the chance of a long term gain with a long term balance of value and increased exposure as welcomed new wealth.

The BBC is showing us the reality of the mess that affordable housing has given its tenants: “An entire community has been forcibly displaced for the sake of mere land value speculation“, which is the failing of three governments and a really inadequate planning department, not to mention that in all this the House of Lords equally failed its citizens by not adjusting the balance against such greed driven motives. In addition, after a long term of playing Ping Pong with the Hose of Commons, we see that projects are set to readjusting, which would make sense, but the fact that the tenants are ‘forcibly displaced for the sake of mere land value‘, whilst the tenants are partially the reason for the increase in value gives weight that these tenants should not have been allowed to be displaced, but should have been awarded an exchange to a similar sized apartment at no extra cost. The value was in part due to their tenancy. From my point of view both the House of Commons and the House of Lords failed these tenants, which makes us wonder: who gives a flying fig when greed comes to town?

There is in part the silence too, but that will be an article for another day.

The UK is currently in a place that whether Brexit happens or they are faced with Bremain, local issues will not be resolved until certain measures are taken to keep the people safe, not just from investors, but from local folly and rezoning needs at a price that might not be worth the effort, not in the long run.

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The Wrong Question

Another day, another wave of news. To be more precise, more and more ‘news’ regarding the upcoming Brexit event. The vote that will impact Europe, the vote that will drive America nuts with fear and the question that is less and less about actual reasoning, especially as France is now moving towards a referendum too.

You see, the title Cameron says Brexit would be ‘economic self-harm’ might be correct, it might be to the point and it could certainly be a truth in itself. My issue is that my Conservatives are no longer thinking things through. Perhaps there are issues that they cannot address and as such the Brexit wave will grow and grow. You see, the Guardian might be all up and proud with the illusion of informing the public, but in that regard they are falling short.

So the title ‘Today’s briefing: what we learned from Cameron’s TV grilling‘ is equally disturbing, but does it give us actual information that the people in the UK can use to form an opinion which party (Brexit or Bremain) is the right one?

I feel that the answer to that question is ‘No!’, in addition the Scottish equation is pushing the matter even further out of balance. You see, the ‘grilling’ of David Cameron gave us the following quotes: “I think if we’ve learnt anything over the last six years, if you don’t have a strong economy you can’t have the health service that you want, you can’t have the schools that you need, you can’t have the public services you want, and this would be an act of economic self-harm of the United Kingdom doing it to ourselves” and the closing remark that is equally disturbing is “I’ll tell you what it would be like, we would be outside the room. The European Union doesn’t stop existing just because we’ve left.

The latter one is no longer a given. Now that Frexit is gaining traction, Brexit becomes almost a given requirement. I do not think that this is a fair path, but when we see that Brexit is avoided and Frexit becomes a reality, the tables will turn on the UK in the nastiest of ways, as France will drive Italy out of the EU as well. Unless there is a clear call to action for the players in the UK, the start of non-Brexit, could push a Yea-Frexit voice, for the mere reason that France has pushed into a corner and Italy could act after that walking away from it all. If any of these nations Germany, Italy, France or the UK walks away, the remaining three will fall out of synch with the abilities to continue. For the UK Frexit would be a disaster as it would have to arrange special deals regarding the Euro tunnel, whatever gets shipped through there would have a nasty surcharge, in that regard, the UK would have to increase its bonds with the Netherlands a lot more tightly than it currently is to prevent export items to hit top prices plus.

Even if all rules remain open in an EU without France (which would be likely), a Le Pen government in Frexit mode would have large impacts on shipping anywhere via France, that part is almost a given and time is still money too. You see all this link to the Wrong Question, partially we see this when we look at ‘UK should stop ‘sitting back’ in EU, says Jeroen Dijsselbloem‘, you see, Jeroen Dijsselbloem is one party that has been sitting back for too long in a much larger way. The parties might hide behind the TTIP as the reason, but that joke should have been scrapped long ago. Together with the TPP, the US is becoming a business usurper. They might call it ‘legal’, but it is still the US now trying to push what they laughingly regard as ‘rights’ into a framework on unaccountability, beyond what we already regard as acceptable. That is the mere consequence of a former superpower that is as I see it now bankrupt. The Financial Times (at http://www.ft.com/cms/s/0/ed4cfe7e-16a4-11e6-b197-a4af20d5575e.html#axzz4AVKPmPMk) goes one step further. They state “TTIP also puts private profit above public interest, penalising polities that change policy preferences to the disadvantage of business. Indemnifying business against political risk through off-the-record investor-state dispute settlement arbitration is especially worrying. Secret negotiations and special court processes — more Guantánamo than Gray’s Inn — invite the expectation of abuse“, which is pretty much what the US has achieved with the Trans Pacific Partnership. A political system that is now all about the exploitation of those they should be protecting, the people, especially the non-wealthy ones in the US!

So here we are not really admiring the words of Jeroen Dijsselbloem, whilst we get the quote “He was speaking on the same day that the head of the European Central Bank, Mario Draghi, warned that Brexit posed “a downside risk” to the global economy“, the one person who is actually one of the larger problems in the entire Brexit situation. You see, the question that needed to be asked clearly and needed to be addressed is: ‘How can the EU be allowed to continue, whilst the political players are spending the funds of the next three generations that follow us?‘ That is the real question. Trillions are being spend without a clear plan, without clear sense making reason absent from the equation.

That is scaring the people towards Brexit and the two people addressing it are not outspoken on any of it. In here we now introduce the two silent players, Chancellor of the Exchequer George Osborne and the Governor of the Bank of England Mark Carney. The unresolved issues of massive governmental overspending, is one of the reasons why being part of the EU will no longer matter, would be undesirable and would be a good thing to get rid of.

We can agree that Jeroen Dijsselbloem should get credit for “Dijsselbloem, a fiscal hawk, who has led the Euro group since 2013, sharply criticised the European commission for not championing the EU’s fiscal rules“, yet his office has not been championing changes in taxation law (or not loudly enough). That part is at the heart of it all, because overspending and failing laws of taxation makes the EU a broke and impoverished individual.

You see, part of the stupidity (as I see it) comes from “Juncker, sensitive to elections in Spain later this month and in France next year, has said fiscal rules should not be applied blindly“, yes they should! You see, whomever has lost the ability to properly budget should be removed from the game. This issue with keeping Francois Hollande in ‘his’ presidential seat is part of this mess. He is not hungry for winning, he is happy to just get by and whilst he fills his pockets (in legal ways of course), the French situation will not ever improve, which is why he is truly scare of Marine Le Pen and the rest is scared because Marine is willing to let it all collapse so she can build a real France for the French and that is scaring a lot of people, especially in the large financial sectors that run through Natixis, the IMF and Wall Street, two of them equally scared of what Brexit will bring. Yet in all this, just like with Greece, certain people are all about Status Quo and that has now angered the UK people, they have had enough and with the two British coin Big Wigs that issues are not addressed, giving additional fears to the referendum voters. All being pushed emotionally, whilst rational would have resolved it (unless controlling EU spending is not an option). We know that Mark Carney is an excellent orator, he has the ability to economically talk the crowd into getting 49 runs in one over, smashing the record of Steve Dublin, for a Canadian that would be a massive achievement and Mark better pull this off fast, because the Brexit group is still growing and when they grow a critical mass, there will be no longer an option to convert them to a reasonable solution (whether Brexit or Bremain) that would truly be about the solution that is best for the UK and the British people. That option will go out of the window.

So this is where we find ourselves. We are all staring at the Wrong Question and the actual question cannot be answered and the evidence of hardware is removed from our vision, whilst the presented software can no longer be seen as reliable. You see, the people are seeing more and more how the American agreements called the TTIP and the TPP are about American solutions to not be an acceptable option any longer. This plays out nicely for China and perhaps Russia, but overall the Americans with their arrogance and non-accountability did this to themselves, so how can our lives become acceptable and liveable? That remains an issue, yet for the UK, not to be part of many of these players might not be the special coat they are hoping we would buy.

So here we are looking at the Wrong Question and no decent answer in sight, that is the part not dealt with and it seems that this issue will not be dealt with any day soon. The mere consequence of a lame Duck in Washington and a ‘fearless’ group lacking vision in Europe, united in (again as I Personally see it) personal gain against all odds. This is exactly why UKIP remains in ascendance. The one part that requires regulation isn’t getting any, because unless the EU’s debt grows to the level where Japan and USA are, those two are in a tough spot at the end of the way to dusty death with no alternatives. In all this the final element is seen as Crete rescued hundreds of refugees coming to Greece via Libya only an hour ago. That is the first of several escalations that Europe will have to deal with (at http://www.news.com.au/world/breaking-news/greece-rescues-hundreds-off-crete/news-story/987b32889f6327496a179d4ec95f2aa8), the issue here is not just that these Syrians came from Libya, the question becomes how they got to Libya in the first place. We know that Libya had Syrian refugees as early as 2014, but are those the ones crossing? More important, how can we verify that they were actually Syrians? With Crete entering the high tourist season, will these refugees have an impact on tourism? If so, that would be extremely unfortunate for Crete who is still recovering from years of lessened tourism, not as bad as some other places, but still in a recovering situation, will the almost 30% Dutch downturn turn even worse with the hundreds of refugees arriving on Crete?

There is no way to tell, but these new growing groups of arrivals gives additional ‘worry’ to those in favour of Brexit and their numbers are still growing, the implied pressure that the UK will feel over the next 60 days as people are trying to get into the UK will only grow fears, which drives an implied drive towards Brexit. Here I am cautiously stating ‘implied’, because we have no way of telling how many want to be on route past Greece towards Germany, the Netherlands and the UK. Add to this the fact that the EU remains active in irresponsible spending, debts that the next 4 generations need to work off, and that part is another driving force for Brexit.

There is now too much noise all over the papers, too many facts are intertwined and nobody trusts any of the players involved on either side of the Brexit/Bremain equation. From my side, as stated before Mark Carney did a good job, a really good job to bring clarity to the House of Lords and as such to the British population, it swayed me back to a neutral stance away from a definite Brexit. Now Mark Carney (as well as George Osborne) need to focus on the question too many people are not asking, whilst everyone is staring at the wrong Question. ‘How do we stop the irresponsible spending by Mario Draghi et al?

That part is gaining momentum when we consider the Irish Times (at http://www.irishtimes.com/business/euro-zone-recovery-may-slow-down-says-mario-draghi-1.2670722), the issue ‘Euro zone recovery may slow down, says Mario Draghi‘ comes AFTER he has spent a sizeable slice of the planned 1.74 trillion euros. Now we see how the recovery is slowing down? So when we get the quote “Mr Draghi said his central bank was “willing, able and ready” to act again, should those measures leave inflation short of the target“, the people should worry as Mario Draghi has spent well in excess of the total GDP of most EU nations. This gives the clear danger that the debt will stay in place for another generation. So until someone muzzles that man and crazy glues his EU wallet shut, explain to me how anyone wants to remain in an EU where too many politicians are spending the coins of other people, with no clear repayment in sight? That whilst several larger nations (like France) is growing the national debt in excess of the allowed 3% and no one is getting fined, because no one has any of these levels of cash left.

So as we might remember Shakespeare’s quote, we should consider the newly revised edition: ‘this was the noblest Roman of them all, yet it no longer matters as they have become extinct!

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No Man’s Brexit

Yes, I am not kidding, the day after the release of No Man’s Sky, we will see the UK referendum regarding the UK leaving the EU. The two correlate in a simple way. The game has 18,446,744,073,709,551,616 planets. That same number seems to be the number of opinions that the 743 million Europeans seem to have regarding Brexit, so we need to take heed what to believe.

Personally, I feel that Brexit might be the way to go, yet as stated previously, Mark Carney, aka Governor of the British Bank, aka Marky Mark of the British Coin seems to be swaying me towards ‘Bremain’. Let me explain this. For the most, the reasoning is given here (at http://www.theguardian.com/politics/video/2016/may/15/mark-carney-defends-brexit-intervention-eu-bank-england-video). The important quote is “identify the issues, come straight with the British people about them and then take steps to mitigate them“. That is one thing this governor seems to have been doing from the beginning, to state it bluntly, that is what he gets paid for (nothing Personal Mr Governor)!

In opposition a case could possibly be made regarding ‘transparency’, but let’s not try to cut the bacon with a piece of string.

The issue in this case is a quote in the Guardian on that same page as the video, which was “Earlier in the programme, energy minister Andrea Leadsom accused Carney of ‘dangerous intervention’“. Let’s take a step back. The Minister of State at the Department of Energy and Climate Change, the person, who according to the Independent (at http://www.independent.co.uk/news/uk/politics/energy-minister-andrea-leadsom-asked-whether-climate-change-was-real-when-she-started-the-job-a6710971.html) had to ask ‘whether climate change was real when she started the job‘ (which was on May 11th 2015), that person is questioning Governor Carney on being straight with the British people? That’s a barrel of laughs on the worst of Monday mornings imaginable. Oh, I stand corrected, the 11th of May 2015 was a Monday!

So from this quote, I am willing to state that Andrea, a politician was unaware or just didn’t watch An Inconvenient Truth, a 2006 documentary film about former United States Vice President Al Gore’s campaign to educate citizens about global warming. I think that she failed on multiple levels, especially as she studied political sciences. This gets to be even more interesting when we see the quote “in the past she has written to the Prime Minister calling for cuts to wind farm subsidies, and has criticised the pre-coalition Labour government for signing up to an EU target that called for 15 per cent of the UK’s energy to come from renewable sources by 2015“,

That is the person accusing Governor Carney on ‘dangerous intervention’ activities!

Now, there is not enough information for me whether cuts to wind farm subsidies was right or wrong. Let’s not forget that the UK is over a trillion in debt and certain cuts need to be made. The other part is in this case (without more evidence) equally debatable. That does not change the fact that regardless of her past economic positions whether she is anywhere near qualified to comment on the actions of the Governor of the Bank of England.

In my not to humble opinion, I would state no! You see Mark Carney was quoted as: “Carney defended his impartiality, saying it was important that people do not ignore economic risks“, I reckon that leaving the EU could have a few consequences tax wise and the issues regarding her Guernsey-based brother-in-law, Peter de Putron. This is in light of the title ‘Top Tory has family link with offshore banker who gave party £800,000‘ (at http://www.theguardian.com/politics/2014/jul/08/andrea-leadsom-family-links-offshore-bank-donations-tories). You see, I am an Australian Liberal, meaning that I regard myself a British Conservative and let me tell you, I would contribute to my part, yet if I am really lucky, I could perhaps donate 0.05% of that amount at best. When I work day and night I expect to receive some form of income, not pay an additional 800K (an amount I will likely never have, not even with my University degrees). The fact that a Brother in Law banker hands that kind of donations out might not be too controversial when it is for charity, when it is to a political party one must question the reasoning (read: personal tactical benefits) here.

So there are all kinds of questions that come to mind regarding Andrea Leadsom and it is my personal believe that (Brexit or not), her questioning Governor Carney leaves a lot to be desired. This 2014 article reveals another part that is important to consider: “A US non-profit news organisation, the International Consortium of Investigative Journalists, has obtained records of more than 20,000 names. The Guardian has exclusively analysed the ICIJ’s data, and begins to reveal those who have had dealings with a discreet Jersey branch of Kleinwort Benson, a well-known London firm which specialises in ‘wealth management’“. When you consider that news and the ‘feigned’ emotions we saw regarding Mossack Fonseca, that part comes again into question. You see, the issue has been legislation, tax legislation, legislation of wealth management and this implies that some of the available data goes back to well before 2010. This clearly implies that Labor was very much in the know on these matters. It also clearly implies that both sides of the isle should have pushed tax reforms a lot sooner than is currently shown. I agree that people might see this as unreasonable, but let’s be clear, these loopholes are there, Andrea Leadsom broke no laws. We see another version of amoral versus immoral. In my view, in regards to her acts I could see her statement as immoral, mainly because the changes could end up giving her more loopholes to push non-taxable parts of herself across the British realm.

Am I wrong?

That is still the issue, because Brexit will cause a massive amount of concerns and in that regard to keep the UK interesting more tax breaks might be the consequence of the EU separation (speculative statement). I might be proven correct but it is too early day to tell what the actual taxation impact will be, that part will remain an unknown, especially as people realise that only 5 billion of the 220 billion to Greece entered the State coffers, the rest went to the banks, paying small parts of loans and massive parts of outstanding interest bills. That is the driving realisation that more and more people are going towards the Brexit road. Most believe that the recession we hear about will be short lived and the upbeat will grow stronger and stronger as the loans diminish. I agree to some degree, but I equally foresee that Mark Carney is correct, the recession that is likely to follow will change the timeline, perhaps by a lot. That is the part that is absent of an answer, absent of a final solution, most of us believe that not being part of paying for other UK only recessions is the quickest way to a surplus finance coffer.

This is how I feel to some degree, but the warnings that Mark Carney gives us are not to be ignored. Plainly stated, at present the difference between a coffer and a coffin is currently way too small for my comfort.

This is why I remain on the fence. I am not completely convinced either way, but Mark Carney was clear and concise in the House of Lords and that was the massive sway to get me from certainly Brexit to almost cautiously Bremain. Yet the biggest issues are not within the UK, Greece, the IMF and other parties are trying to keep the present engine running, in addition the US economy with minus 19 trillion is equally a concern as the debt grew with 1 trillion in a year, basically it gained the total UK debt in less than 20 months, as they are closely linked with the Euro, one will tumble the other, in that regard Brexit is still the way to go in my book. It does not diminish the risks that Mark Carney warned us for, it makes just makes them more acceptable in my book. Nowhere do I mention that Governor Carney was guilty of ‘dangerous intervention’, he is merely informing us. I think that pro Brexit Andrea Leadsom did something stupid, she might be pro Brexit like I was in the beginning, but her less than intelligent remark only pushes people away from Brexit as her statement can be dissected by people less intelligent than me in mere seconds.

So, I still remain on the fence because the reasons for Brexit are there, but less strong than they were, merely because the risk we run by Brexit. In my mind the question becomes, if there is no Brexit, can we truly make the rest of Europe more accountable for their budgets? That part is still the number one reason for me to consider Brexit. I am not pointing the finger at Greece here, but at the total debt Europe has, which is almost equaling the American debt. The question is, how much of this debt is instilled by Wall Street to keep the seesaw of economics in balance? To keep the machine running to satisfy the 35,000 greed driven executives on Wall Street? We seem to focus on the top 1% in America, which makes for the 3 million people living really really nice, but that is nothing compared to the top 1% of that top 1%, their wealth is beyond measure, consider that only 1% of that top list (the 1% of the 1%) are the 350 people that made the small solutions like Facebook, Oracle, Apple and Microsoft.

I will give you one guess to guess where the other 34,650 got their money from.

This is why I still remain a little towards Brexit, because governments on a global scale ignored the need for proper legislation. At present the US might promise a lot, but in the end he has become nothing more than a quack quack president and as such he will not get anything done. Isn’t it nice that he wants to act in the 11th hour whilst his own party will be very unlikely to support him? You see they are also up for re-election and they have options for another term, President Obama does not. Now consider the ‘evidence’ I gave at the beginning, basically this issue was ignored for 7 years. If you are considering that I am not being up front and honest with you, consider the fact that President Obama did not once mention the US tax havens that are in the US, to be more precise, the Rothschild Trusts all over America, their total treasures are stated to be in excess of 100 trillion, but no one can tell for sure, their fortune is too vast and always in motion. This is only one voice, mine, apparently there are 18,446,744,073,709,551,615 other views on this.

 

 

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