Category Archives: Law

Which coin?

This morning I was confronted with my own thoughts of the last few days. I am not stating anything new (at least I hope so). The American issues, the overly visible multi-billion dollar deals and a few other notions. It started earlier this week when I heard that a friend was made redundant. These things happen. It happened to me, it will happen to others too. The issue I had is that for a decent long time we have known that companies for the most are not too bothered with loyalty, for them it is about the bottom dollar, what is interesting is that they tend to DEMAND loyalty to a fault until they cut away the people who loyally served them, in some cases for decades, only to replace them with ignorant junior staff members often costing them less than 50% of whatever they are paying now. This is not new, this had been going on for some time and they do it nice and legal, at times segregating a staff member in a niche position, waiting a year, if that person had been around a long time even two year and then closing down that department, which saves them years of due income in settlements.

Weirdly enough, yesterday’s story about the bankruptcy of America is linked to all that. You see, this entire issue can be reduced to two coins. One coin is the government, on one side we see the view they have of companies and the other side is how companies really are. The second coin is how we see companies and the other side is how companies turn out to be. They are not the same coin, they are an entirely different currency all together!

That is the view the older generation does not seem to comprehend and what the younger generation takes for granted. However, the long term consequence is that companies will end up having the short stick in all this (but about that side more a little later).

Let us take a look at coin number one. The government coin!

Companies, for the most have considered themselves nationalistic, it gives them an identity and also the protection of the government branch should that ever be needed. There is Woolworths, the Australian place to get your Groceries; there is General Motors, an American Company, British Telecom a British company and so on. These are actually the old times, we and with us our governments have had this image. To some extent, an Ambassador still to some degree acts as an intermediary between cooperative businesses to promote trade. So companies get the support of a government enabling them to have easier access to business opportunities. Their importance goes back to the Italian renaissance, more notably when Vittore Carpaccio painted the ‘Legend of Saint Ursula‘ series; they are called Arrival of the Ambassadors, The Departure of the Ambassadors and The Return of the Ambassadors. Ambassadors were the dream of business as they opened doors for trade to commence and increase.

Today this is no longer the case, business has no affiliation to any government when times are good (when times are bad they whine for money and tax breaks), actually they always whine for tax breaks. You see, a company as many can see have only allegiance to their board of directors and the bottom line that they worship in a spread sheet. Today’s corporations are not linked to a nation or a location. Google seems to be the only honest one in that regard. They do not call themselves an American company, but a Global company. Their concept of location is fluid, it shapes to the need of tax relief and where the fastest servers are to acquire the data handed to them by well over a billion people on a daily basis. Yet, this is not about Google! This is about the way business is allowed to be done. In my view it has something to do with spineless politicians (not just in America by the way). As companies were allowed too many degrees of freedom, they opted personal need and gain instead of the greater good. This is not wrong or illegal, yet they use the facilities offered for them with all the freedom, which by the way is as it should be for the most and at the same time these companies syphoned billion through a multitude of tax shelter constructions, all perfectly legal. Did you know that hundreds of millions of people buy their downloads in Ireland?

An option to promote trade has for the better part of almost two decades been used to avoid taxation, not to improve trade and/or long term economic benefits (well they are, but only for the board of directors). The greed economy had been turned against the governments, most not willing to change in fear that they will walk away. This is one of the main reasons why America is basically bankrupt and not just America. Many of the commonwealth nations, amongst them Australia, United Kingdom and Canada who are feeling the effects of people buying online and these governments end up getting $0.00 in any form of taxation whilst the stores are shutting down one by one. HMV and the Virgin Megastores were likely two of the most visible victims of online retail changes, yet the online purchases ended up not having taxation of any kind, which does mean that a nation’s government is losing out.

My initial solution was to make a change that made any online purchase taxable in the land of the buyer, an idea that was never adopted, some thinking they ended up with more perhaps? But all lost out, as the e-Giants remained in tax sheltered nations. Particularly the US and UK missed out on hundreds of millions of tax dollars/pounds.

“Tax administrators face greater difficulties in enforcing tax laws and maintaining their community’s legitimate revenue base when dealing with international rather than domestic transactions, particularly when dealing with a jurisdiction that combines tax haven status with bank secrecy. Increasingly, tax haven regimes with bank secrecy laws in place are accessible to almost anyone with a modem and a computer“, which comes from Mr Carmody, Commissioner of Taxation. It was an Australian Taxation Office Media Release on November 11th 1997. So, this issue has been known for over FIFTEEN YEARS! Who else is late to the party? Well, that would be the United States of America, the United Kingdom, as far as I can tell Canada (not confirmed, due to a lack of knowledge of Canadian tax laws), Australia and this prestigious list goes on for a little while longer. Yes, we were getting played in a most auspicious way by whining, crying small minded board of director members on a global scale.

There is one more side to the first coin (source: http://www.internationaltaxreview.com/Article/3252311/VAT-considerations-for-e-commerce.html). The article subtitles drew me in ‘Nehal Radia considers the VAT implications of e-commerce and how taxpayers can take advantage‘. The article has a few good sides and they are worth reading about, but for me it helps illustrate another side, partially the fact that a view given here is not as I see it to be ‘the correct one’, which by the way, thuy were never debating.

Consider your own financial situation, you the reader. If you have a job, it is more than likely that you have not been getting too many job raises since 2012, yet overall, your rent, your food, your electricity and food bills did go up, in some cases by a sizeable amount. Now consider the quote “According to Forrester Research Inc., US e-commerce spending will increase by 13.4 % to US $262 billion this year, with an expected continuation in growth to $370 billion in 2017. In Western Europe, it is estimated that 2013 e-commerce spending will reach €128 billion ($165.5 billion), up by 14.3% from last year and with expectations of €191 billion ($247 billion) by 2017)“. Really? Do YOU have that much more to spend?

I do not think that this is the case at all, yet, I know Forrester and it is likely that these are indeed the numbers (if they did not make a weighting error). What seems to be happening is that e-Commerce is growing stronger and stronger as this group is avoiding VAT payments more and more, which means that shops are getting shut down as e-Commerce is passing onto you part of the VAT savings. Consider that VAT in the Netherlands is 21% and in Sweden 25%, how can a shop compete when these savings are to some extent passed onto the customer by the e-shop, whilst they can avoid VAT and they do not need a location with rent and electricity. Business views have skewed the market and governments are now losing out massively, whilst their own economy is also suffering under unfair competition practices.

If this is the first coin, I would call this currency ‘slow and asleep at the wheel’.

We are the second coin. Our view has for the most been to work hard, to get the job done and to bring home the bacon. It is a simple view, as we aim to be the ‘return on investment’; we create a comfortable pillow where we rest. Not because we are lazy, or because we do not do our part, but because we know that as long as we get it all done, our boss needs us. He had paid us a decent amount and as we are the cause for more income then we cost, we should all be in a great position. Guess what! We were stupid! Today’s management or better stated, whoever makes the coin decision tends not to be stupid, but to some extent short sighted. You see, he can get the same person in India, or that one person just leaving University, to do almost the same at half the price. Whatever ‘loyalty’ you think your boss has had towards you is no longer there, as we are no longer people we are just part of a spread sheet, as we cost more we get replaced to cost less as to not affect THEIR bottom line, which is usually their profit (read commission). There is of course an issue we should not forget, the economy is still bad, and yes, we have to accept that trimming the fat (the most costly employees) will also happen as some companies are drowning. They are now relying on image, without the revenue to support it. Yet, this is not about that side. The coin is on how we perceive on the company and how the company really is does matter, not how they do business. Is that so?

Is their corporate soul not depending on exactly how they do business?

It is hard to stay on this without getting into the debate on how companies sometimes make hard choices to stay afloat. It is more about the changed spirit of the business soul and how they hope that youthful ignorance might get them these 1-2 deals that keep them going. Yet there is a side which we seem to ignore. It is ‘interpretation’ of business.

Consider the Corporate Image Awards 2014 (something that was brought by the Frontier Consulting Group), a company that is actually an Indonesian company. In their ‘Corporate Image Survey Methodology 2014‘ they actually had a nice twist to this story. They stated for their fourth dimension called ‘attractiveness‘ two parameters, one was called ‘Dream workplace company‘ and the second one was labelled ‘Company with high quality employees‘. Here we see the crux. What is a high quality employee? One that looks dynamic (read 22-25), fast (read slim lined) and get the job done, which reads like within six hours and however many hours of unpaid time they need to finish the job before the deadline, or the veteran can actually get it all done in 6 hours. It is ‘the’ unspoken question that is here and is loudly ignored by those not willing to answer honestly and those who are very unwilling to admit the question, is actually a massive issue. ‘What is a high quality employee?’

I am left with two coins and a question. Are we, both the people and the government too slow to change, or are companies driving us to change in too inhumane ways to protect ‘their’ profit? I feel uncertain to answer it, there are unspoken sides that have not been dealt with and there is the need for greed by board members on a global scale which is yet to be properly scaled back, even in these uncertain financial times.

 

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Censoring – Censor out?

It is 18:11 and my assignments are done. I get one day of rest until the next batch off assignments start to twitch at the corner of my desk. No rest for the weary, so off to the Guardian I went a moment ago only to see an interesting article by James Ball. It is about Twitter. The headline ‘Twitter: from free speech champion to selective censor?‘ pretty much states it all (at http://www.theguardian.com/technology/2014/aug/21/twitter-free-speech-champion-selective-censor).

It starts with a quote that sounds good, but is actually a statement of quicksand “The social network’s decision to remove all links to the horrific footage showing the apparent beheading of the photojournalist James Foley is one that most of its users, reasonably, support“.
I actually do not support it, but I understand the action. Why not?

Well, this is all about emotion, which is fair enough, but Twitter had given themselves a precedent of censoring. Now, let us be honest, I have nothing against the censoring, but they created a position for themselves that will drain resources in many way.

Why? What about the next beheading or execution that comes next? Other video smut we can all do without. Where will it stop and how can it be managed?

James Ball actually words an interesting view I had not considered when he states “the New York Post and New York Daily News’ decision to use graphic stills from the footage as their front-page splashes. Here begin the problems for Twitter: the network decided not to ban or suspend either outlet for sharing the images – despite banning other users for doing the same“, which constitutes discrimination. So, as I stated, Twitter entered a pool of quicksand and it will get them deeper into trouble sooner then they realise. That is shown with the quote “Twitter is absolved of legal responsibility for most of the content of tweets. But by making what is in essence an editorial decision not to host a certain type of content, Twitter is rapidly blurring that line“.

So under Common Law, Twitter got themselves in quicksand and hot water all at the same time (aren’t they the efficient Eager Beavers?).

If I go by the NSW Defamation Act 2005, we see a nice escalation in section 32, where it states:

Section 32   Defence of innocent dissemination

(1)  It is a defence to the publication of defamatory matter if the defendant proves that:
(a)  the defendant published the matter merely in the capacity, or as an employee or agent, of a subordinate distributor, and
(b)  the defendant neither knew, nor ought reasonably to have known, that the matter was defamatory, and
(c)  the defendant’s lack of knowledge was not due to any negligence on the part of the defendant.

(2)  For the purposes of subsection (1), a person is a subordinate distributor of defamatory matter if the person:
(a)  was not the first or primary distributor of the matter, and
(b)  was not the author or originator of the matter, and
(c)  did not have any capacity to exercise editorial control over the content of the matter (or over the publication of the matter) before it was first published.

Until now, they had gotten a clean pass and would remain to have one until they made the change they did. Because whomever starts any defamation case, will have cause to show the beheading censoring instance of James Foley and by Twitter acting, they gave away the defence: ‘did not have any capacity to exercise editorial control over the content of the matter‘, because they just did that exact thing, which now gives them cause to see Defence of innocent dissemination melt away like snow in the sunshine.

As James Ball points out, the issue that I had taken offense to last year were the threats against Caroline Criado-Perez, who thought it would be a great idea if Jane Austen became the new face of the 10 pound note. I personally thought it was a brilliant idea. Some small minded people did not and as such, she got a dose of abuse and threats that were completely beyond belief. It is only one of many cases of bullying, trolling and harassment via Twitter. The quote we see in the Guardian is: “Twitter’s strongest, perhaps only, justification for its sluggish and minimal response was that it could only act through its harassment channels, and could not become a curator or editor of content on its site“, which in itself is perfectly acceptable, yet now, they have given that option away by acting and soon, Twitter might be confronted with other abuse and threat victims and as such their goose gets to be decently cooked (and broiled).

So, either Twitter takes a step back, which would be fair enough, or it becomes a policing entity, which might not be the worst, yet the issues from this choice will haunt them for a long time to come. That in itself seems unfair, but just moving to the plate (not arguing how justified it is), will leave them with bruises and scars. I get the issue that it is a consequence of choice, which I do not attack, but how consistent can they actually do this and more important, what issues will they open when they censored something that was lost in translation, how will they fix those mistakes at that point?

I think that they should state that the beheading intervention was a once off and not interfere again. Not because I want it, but because Twitter seems safer by remaining on the side of innocent dissemination, a side that they might not be regarded as ever again (speaking juridical), simply because the action has already taken place.

So is the censor in for censoring?

That is a question that only Twitter can answer, yet the emotional decision to intervene in this case was morally right, emotionally correct and decently good, this jurisprudential mouse will however end up having a slightly too long tail, I wonder whether Twitter considered that option, especially in regards to victims like Caroline Criado-Perez who did not get the intervening attention they rightfully deserved.

 

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Hiding behind the bully

Again it is the Guardian the illuminates an issue that seems to hit the UK (at http://www.theguardian.com/business/2014/aug/17/sainsburys-removes-kosher-food-anti-israel-protesters). The header ‘Sainsbury’s removes kosher food from shelves amid fears over protesters‘. Let’s take a look at the sanity of this. First, about Kosher foods, if we accept this explanation: “Kosher food is food prepared in accordance with Jewish Dietary Laws“, which makes the act of Sainsbury an act of discrimination. These same protesters were actually quite busy ignoring events as Hamas was sending thousands of rockets into Israel; in addition, they seemed not to care about the acts of Islamic Jihad Movement in Palestine against Israel. No one seems to be asking the question how missiles weighing well over a ton (FAJR-5), and also not the cheapest of ordinance makes it into Gaza. The option where we suddenly see, but no serious questions are asked on how Iranian hardware gets there, in an age when there is a block on all things Iranian. It seems that big business has more than just a small hand in keeping the imbalance going. Yet, ‘these bullies’, is that even correct?

You see, Sainsbury acted preventively. There were protesters and I do believe in free speech, so there is nothing against protesters, as long as they respect the choices of others. There will always be the bullies in these places, who by their acts will escalate an issue into something more. It still makes the act of Sainsbury a discriminatory one and as such, there could be legal ramifications for Sainsbury.

The quote “Louise Mensch, the former Tory MP, accused Sainsbury’s of racism” is not incorrect, yet the information is slightly off the boil. I should also add the quote from Sainsbury “A spokesperson for Sainsbury’s said it was ‘an absolutely non-political organisation’ and said the food was returned to the shelves ‘as soon as was practically possible’“. This has a ring of truth, so basically, we can argue that the store manager in question had made a bad call, but that is something for Sainsbury to address.

So why are we looking into the issue of hiding behind the bully. There is a sound to it, that links to it, that corrupts the nature of acts, which is not a good thing either. We act according to our values, our insights and often by our direction. It makes the act of the branch manager of the store in Holborn questionable, but not necessarily wrong, evil or racist. We are confronted with dilemmas in the face of a crisis and we all at times make not the best choice, which is not saying that we made the wrong choice.

And as we look through the coloured glasses we see a pattern, coloured by the bullies. In this case the accusation by Louise Mensch, the former Tory MP and Facebook user Gavin Platman who had a much more down to earth pragmatic response. He voiced a view that “move blurred the line between a political statement and a hate crime” was that so? Perhaps the store owner feared the consequence of vandalism with possible added dangers to his customers. As stated, the act remained questionable, but there is enough evidence that this was not an act of Malice, but simple fear and worry, enough doubt to state it was absent of political issues and absent of hate.

I have my views in the matter of Gaza, some formed whilst I was there in 1982, some formed by the news and some by other information. It is also important to show another side. Even though I have spoken out against journalists often enough, there is a view you must know about. There is a headline “Journalist quits Australian newspaper after suspension over ‘offensive’ response to Gaza column complaints“, this is because of the article the journalist wrote (at http://www.smh.com.au/comment/israels-rank-and-rotten-fruit-is-being-called-fascism-20140724-zwd2t.html).

I do not agree with some of his views, but they ARE HIS views and he is entitled to them, plain and simple. The quote “Yes, Hamas is also trying to kill Israeli civilians, with a barrage of rockets and guerrilla border attacks. It, too, is guilty of terror and grave war crimes. But Israeli citizens and their homes and towns have been effectively shielded by the nation’s Iron Dome defence system, and so far only three of its civilians have died in this latest conflict” is one of the quotes I do not agree to. His facts are straight, yet this system was designed in 2005 and it had been in service since 2011. Yet, before that already hundreds of mortars and missiles had been fired upon Israel. The issue I raised in ‘Puppet on a string‘ on June 30th and in a few blogs before that. Consider the amount of missiles fired, who is supporting Hamas, because this entire mess is escalating because some people behind the screen are funding all this, the article NEVER goes into that. My issue is that the writer seems to rely on a missile defence system that is 3 years old, whilst the Israeli people had been under attack for decades. It seems that to the lesser extent, hatred for the Jews has never stopped, not since WW2. What we see now is a nation that has been under attack and in fear of extinction for 4 decades. The writer does touch on some of the events and also is adamant in calling both sides guilty, which is fair enough. The other quote is do not completely agree with is “The Israeli response has been out of all proportion, a monstrous distortion of the much-vaunted right of self-defence“, yes, from the directness of what happens now he is stating the truth, yet decades of missiles has made Israel angry and perhaps worried and in fear. More than 1300 missiles were fired upon Israel last year. Someone with a massive fat wallet is funding Hamas, yet the Iron Dome also requires funds every shell Hamas fires requires another $25.000. How long until the funds runs out for Israel? These sides are not shown or talked about. He ends in “That is why the killing and the dying goes on. Ad nauseam, ad infinitum. And the rest of the world, not caring, looks away“. That I can partially agree with. The issue is still, until funding runs out for one of them. A side no journalist seems to be looking at. It is a simple view in any analytical premise. So is there a bully here?

Yes, I speak out against certain journalism, or better stated lack thereof. Mr Carlton was ‘judged’ as we see the quote “An Australian newspaper columnist has resigned after being suspended for telling people abusing him over a column on Gaza to ‘f*** off’” Is that reason enough? How was he wrong? Have you seen some of the trolls we see in social media? So he tells an abuser to (F word omitted) off. How does that even closely justify suspension? I might not agree with the view Mr Carlton had (at least partially), yet he had a right to his view. I might counter it, but I will not abuse him for it. Here it seems that the Sydney Morning Herald was hiding behind the Bully. The question becomes, who was that bully? The fact that Mr Carlton responded to the abuse was also not the greatest idea, but it was HIS RIGHT to do so, it seems that this side was also ignored, especially as we look at the weeks of suspension result.

So as we look for the bullies and look for the result of their acts, we should also realise that we all react to some extent here, not all in the greatest way, sometimes we think it was not important, sometimes to not rock the boat and sometimes because it seems like to only act available to us. But whether we give in to the bully, or hide behind the bully, we gave the bully that what he wanted and never deserved, so does the bully have an identity? To the Palestinians it is Israel, to the Israeli’s it is Hamas, and to Hamas they are the Jews. And as the vicious circle grows we see more players pointing towards their own demons, whilst the actual bully points towards his or her own ignorance and fears.

 

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The cradle of Whiskey

There is a matter that is of interest to the commonwealth at large. As time progresses we see more and more in regards to the Commonwealth upcoming baby brother Scotland. For now still part of the motherland of the British Empire, our baby sibling is about to stretch its own feet. The need for junior to become its independent member is one that has been voiced (especially by the local population) for a long time. I in all honestly remain on the fence. I have nothing against this change, but as I state before, the timing is not right. However, in all fairness, it is likely never to be a great timing is it?

Yet, the Guardian will give us our daily ‘need’ for information. There are however a few issues that also rise at those events. Let’s take a look.

The first one is in regards to yesterday’s news with former PM Gordon Brown (at http://www.theguardian.com/politics/2014/aug/15/gordon-brown-independent-Scotland-neocolonial-ties-uk).

Here it is stated “An independent Scotland that kept the pound would have a neo-colonial relationship with the rest of the UK because it would have no say over key economic and monetary decisions, Gordon Brown said on Friday“. I find it had to disagree with that. And let us be fair, would we want this? Absolutely not! Yet, will Scotland start its own currency? It is the statement from Professor Ronald McDonald (yes, the economist, not the clown) which is the strongest voice “Professor Ronald MacDonald, a currency expert who advises the International Monetary Fund and the European Central Bank, said the Scottish government’s plans to use sterling after a yes vote were fundamentally flawed, even if Alex Salmond’s proposals for a currency union were accepted by the UK. The Scottish economy would shrink by up to £100bn by 2023, MacDonald said” (at http://www.theguardian.com/politics/2014/aug/14/independent-Scotland-economy-crash-sterling-ronald-macdonald).

It is in opposition to this quote “During ill-tempered exchanges in the Scottish parliament, Salmond cited evidence from Sir Donald MacKay, a former economic adviser to the UK government, that a currency union was ‘perfectly possible’ and was in the UK’s long-term interests” I am not sure how Sir Donald got to this, and his history in economy is a lot stronger than mine (my economic education level is ZERO). Yet, as an analyst I foresee several issues, logistics being the strongest but not the biggest one. If any currency union was to occur, then it can only happen as Scotland and the UK are 100% open about ALL economic events. How about (even if we ignore little issues like ego), that the chance of this happening is absolutely 0%?

There is also the small notion that independence is about, being by yourself, a currency union is not that. So I tend to agree with Gordon Brown. There are other issues where unions are to be maintained to some degree, so is there true independence or a new ‘state’ of autonomy?

This is on the front of my mind. I am pretty sure that Mr McDonald, or to take the image of the bad food clown away let us call him the Behavioural Equilibrium Exchange Rate Model Expert (BEERME for short, I need to avoid becoming too serious here), then there are several other issues that I have not even begun to comprehend and are likely secondary reasons on this man’s mind.

logUsScotland

If the professor is even half right, then a 50 billion shrinkage of Scotland’s economy would sink it, which is also extremely counterproductive, so what can Scotland do?

 

Delay for another few years? Even though this is the most likely event, Scotland would not be Scotland if it stopped without a massive fight, considering that one Scotsman tends to toss a log that requires 10 US Marines to carry is not a nation that whinges at the first hurdle.

So what if it uses the UK coin for now? Is that such a large issue, as Scotland grows its independent economic power? Consider this final quote from the article “They were already different, he said. Excluding oil revenues, Scotland had an average trade deficit of 11% over the last 15 years, which became a trade surplus of 2.7% if a geographic share of North Sea oil was included”. So the grace of Scotland is their oil reserves and what happens afterwards? This needs to be tackled first, because if Scotland is to avoid falling apart in the first setback (oil issues being just that when it happens), then Scotland must take care of its 11% deficit. In my view, that deficit must be turned to a 3% surplus (without oil) for Scotland to be a contender at the Commonwealth table, so how to go about it?

First it needs to change its political look on matters (not change its politicians). I will admit that the next part will sound a little dicey, but please hear me out. The headline “Scottish Tory leader Ruth Davidson: ‘I’m quite a cussed person’” (at http://www.theguardian.com/theguardian/2014/aug/15/ruth-davidson-interview-Scotland-tories-leader) reads nice, but there is a massive issue when we read the first part “Ruth Davidson is 35, a working-class Glaswegian, a kick boxer and a lesbian. Are these unlikely credentials just what the party needs to rescue it from 25 years of stagnation?” Why was there a reference to her Lesbianism? I personally do not care what her life’s choices are, truly I do not. But is this a political lesbian or a lesbian politician? Why could she not have been just a conservative? Did we see a headline on “Gordon Brown is a 63, working class sport less hetero sexual” Did we ever see that headline?

It seems that Ruth Davidson has supported state-funded Roman Catholic schooling in Scotland, and she also seems to believe (as far as I could tell) that the Church of Scotland should open its own faith schools as well, which seems a decently pragmatic approach to the ‘dangerous’ controversy called ‘Churches in the UK and Scotland’.

Because she is only 35, her most important events and achievements are still in front of her. She could be the inspiration the Scots need. Time will tell whether this is so. Yet there are issue with this article, there is little on her stance in regards to Scottish independence. If that is next on the agenda, should Scottish Tories not be outspoken about her views in that future? It seems to me that the journalist doing that interview kept the interview way too shallow, especially in this day and age.

There are a few other issues, like Ferguson, the last of the Scottish shipbuilders to shut down, so where are the economic options for Scotland, when we ignore oil. You see, I have nothing against the oil, yet the fact that a new nation will be totally dependent on only ONE product, such a place would need to have several alternatives if something went wrong there, so that is why it should not rely on the oil industry.

As a solution, I still believe that India has options here. As the Indian generic pharmaceutical industry grows for Europe, it will need alternatives for both manufacturing, shipping (read distribution) and perhaps to a smaller extent research. Whilst everyone seems to stare blindly to London area’s where prices are through the roof, Edinburgh offers a much cheaper and no less sturdy solution. Its harbour would allow for direct access to the Netherlands (Rotterdam), which would then grant access to Germany and Eastern Europe, there is access to Scandinavia as well as the option to nurture South American trade routes. All of them are markets that India could become the main supplier to.

It could change the Scottish deficit from 11%, to less than 3% in one blow, once the South American routes are a given, the deficit would turn to surplus. The stronger the growing need for generic medication, the more powerful this branch will grow in Scotland. After that, the tax breaks this industry could have would turn the UK into a much stronger market making for an entirely new dynamic in the pharmaceutical economy. Am I overly optimistic? Perhaps a little, yet so far, my predictions have held up and the current course is not getting us anywhere. It only takes one innovator to truly change the game, Scotland is roaring to be its own wielder of futures and India is roaring to be master of generic medication. Two innovators, a match, which is definitely not made in heaven, but as both want to make it work, the created future could be one that stands long and tall.

But is that with or without an independent Scotland? This is where the shoe starts getting a little tight for the dance floor. I personally do believe that this is not the best moment to become independent. I do believe that for now ‘better together‘ is the way to go. Consider the despair when Scotland does go it alone and within 24 months, both Japan in full and US in part become insolvent? I still believe that the US course is one that will sink its future, especially as the mention of well over 500 billion in undocumented spending in healthcare could set America well over the 18 trillion mark (the fact whether the healthcare billions were part of the deficit could not be confirmed), which makes for a dangerously unstable situation. So whether these facts stop Scotland from going independent is to be determined, yet that should not stop Scotland to become a lot more autonomic in growing its economy into the strong version it requires when the Scotland becomes one independent nation under this sky within our large Commonwealth.

Whether in the end there is a yes or no to independence, the fair question remains how to grow the Scottish economy, which will be a good thing for the entire Commonwealth.

 

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We lost a giant

I was hit with waves of sadness yesterday. We lost Robin Williams. I do not claim or pretend to know too much about him. When I was young, I loved watching ‘Mork and Mindy’. I saw him in the movies and lately his star ascended again in the advertisement comedy ‘the Crazy ones‘. The thought most on my mind was ‘How can Sarah Michelle Gellar ever keep a straight face around him?’
Yesterday and today there are no happy faces, we lost a giant. I am not the only one thinking this. Twitter was buzzing with news and condolences from the famous and non-famous alike. The Guardian had a story (at http://www.theguardian.com/commentisfree/2014/aug/12/russell-brand-robin-williams-divine-madness-broken-world). It is an article by Russell Brand, and seeing him outside of comedy or from the stage of the social aware was reason to take a look at this. The article shows two clear things. The first is that there is a lot more to Russell Brand then I thought there was. He is brilliant in his own way and he is asking out loud certain questions we do not tend to ask. Basically I saw more journalism in Russell Brand in one article then several have showed this year (if you, the reading journalist are the exception, then I apologise for my generalising directness).
There is a quote at the end that gives pause to wonder “What I might do is watch Mrs Doubtfire. Or Dead Poets Society or Good Will Hunting and I might be nice to people, mindful today how fragile we all are, how delicate we are, even when fizzing with divine madness that seems like it will never expire“.
If we are all so fragile, how can we cope? If we are all sane, how can we give support to those with mental health issues? It I however this quote which strikes a nerve “Hidden behind his beard and kindness and compliments was a kind of awkwardness, like he was in the wrong context or element, a fallen bird on a hard floor. It seems that Robin Williams could not find a context. Is that what drug use is? An attempt to anaesthetise against a reality that constantly knocks against your nerves, like tinfoil on an old school filling, the pang an urgent message to a dormant, truer you“.
I am not sure if the thought is correct as such (from my point of view). It might apply to Robin Williams, Russell had met the man, I never had, so why my opposition to this?
Well, is drug use just that? I was fortunate to stay away from drugs, yet is it an anaesthetic against reality or a way to see a better reality as these users think it will, a more appealing one? You see, if Russell is right, then every famous comedian would become a drug user, I find that thought too depressing. Robin Williams once stated “Reality is just a crutch for people who can’t handle drugs“, it is just a comedy statement, but there is also the statement from another giant, a musical one who stated “When you smoke the herb, it reveals you to yourself“. The man was Bob Marley!
Before I continue, I need to add another article. It was written by Dean Burnett (at http://www.theguardian.com/science/brain-flapping/2014/aug/12/robin-williams-suicide-and-depression-are-not-selfish). Here he writes something particularly strong and interesting: “to say taking your own life because of such an illness is a ‘selfish’ act does nothing but insult the deceased, potentially cause more harm and reveal a staggering ignorance of mental health problems“.
Russell and Dean are both hitting one side of the same coin. My worry is not: ‘why this is happening to Robin Williams’, but why are we seeing it only now? Is Robin Williams the moment we start to wake up and realise that we have a massive issue which a ton of people have been hiding under the rug because it was too uncomfortable?
Dean goes on for a bit longer, but then he doesn’t just hit the nail on the head, he makes a case why the nail was never guilty and did not deserved to get hammered.
“That doesn’t mean those with reduced likelihood of exposure to hardships or tragic events are immune. Smoking may be a major cause of lung cancer, but non-smokers can end up with it. And a person’s lifestyle doesn’t automatically reduce their suffering. Depression doesn’t work like that. And even if it did, where’s the cut-off point? Who would we consider ‘too successful’ to be ill?”
I myself had that very same thought. ‘Why would a man this successful, having a beautiful daughter who is starting to have her own successful career, a massive success in his field be depressed?‘
It is a side I never really considered when having to read ‘Crime and Mental Health Law in New South Wales‘ by D. Howard. Those who try to give aid in one way or another, being it through legal aid, through psychological aid or through medical aid might have unintentionally missed a side we never considered. Russell voices it as “Is it melancholy to think that a world that he can’t live in must be broken?” But from my view the world is not broken (it is just in control by those filled with greed). The physician might note that this world can be lived in (it is just severely polluted and food is getting more and more expensive) lastly the psychiatrist wanted to talk about it but he had no sense of humour, apparently he was German.
The powerful statement Russell made in the beginning “Is it melancholy to think that a world that he can’t live in must be broken?” is now slightly changed (by me). “Is the world making me too sad to consider remaining here for another day?” I feel so sad because I lost an idol of comedy. I am certain I will get over it, but I know I am not alone, many with me remember the man who was the Genie, voicing the life of Donald Trump ‘PHENOMENAL COSMIC POWERS!!! … Itty-bitty living space‘.
We will soon enough remember again and again the famous moments that made us laugh or be silent. Yet, the issues on depression remain, not for just those Robin left behind, but for those who are still fighting this battle. A battle that is not just uphill, but for many it is a losing uphill battle and that is how they feel from the beginning of the journey they walk.
It is not new; depression has been around for at least 3 centuries, it has had many names. It was called Melancholy and Charlotte Smith wrote a sonnet to it in 1785. She wrote:

O Melancholy!–such thy magic power,

That to the soul these dreams are often sweet,

And sooth the pensive visionary mind!

Which might be better phrased as:

Oh dark dread, stopper of heart and reason

in my dreams I yearn to end

so that in my next life, I find a friend

Did the sonnet turn people away from depression as it was not a real condition?

I think that too many have never seen it for the dangerous affliction it truly is. Dean goes on and writes in his article in regards to ‘a’ selfish act “The ‘selfish’ accusation also often implies that there are other options the sufferer has, but has chosen suicide“. Was suicide even a choice? Are those on this track choosing at all? I have seen my share of people under Section 20 and Section 21 of the mental health act. Those who are hospitalised through them without and with their consent. There has been enough documentation that these people never seemed to have any choice in the matter. From their one sided view, there was only one path and only when services were too late lives were lost.

So, the medical branch seems to know the dangers, the legal branch has the knowledge that resulted in the existence of a section 20 and a section 21 of the mental health act, but these two are only 0.001% of a population, wouldn’t it be great if the other 99% catches on, on how dangerous and lethal depression really is?
Russell also wakes up to a revelation in the quote “When someone gets to 63 I imagined, hoped, I suppose, that maturity would grant an immunity to adolescent notions of suicide but today I read that suicide isn’t exclusively a young man’s game“, depression is timeless and it is ageless. We are bound to endure its dangers quite literally from the cradle to the grave, we can only hope for true friends around us to be there when it overwhelms any of us.

There is one more article that must be mentioned. It is again in the Guardian, but now it is Simon Jenkins (at http://www.theguardian.com/commentisfree/2014/aug/12/robin-williams-sadness-clown-addiction-mental-illness) that writes his view, but then he makes one ‘mistake’, perhaps it is just the observation he makes, but I disagree completely and for that I must lash out. He wrote “Therapists wander the scene like surgeons on a medieval battlefield, at a loss for what to do“.

I do not think that this is the case; it has not been the case for some time. Yet, some physicians and some psychiatrists seem to have inherited a former treatment for this, ‘have a pill, sit in a corner until the moment passes‘. There is enough evidence that this is no longer the approach and the current generation is still fixing the mess the previous generation made; but even today many are learning on how long the path to a cure is. Perhaps it is never cured, but in some cases it could be managed, as long as the patient does not do it alone. It is a personal view I have. I might be very wrong indeed and if someone lashes out to me for that same reason, then so be it.

I do know that in many places it is getting more and more the visibility it should have had, but let us not forget that depression was not generally accepted and published in the Diagnostic and Statistical Manual of Mental Disorders (DSM) until the 3rd edition in 1980. The documentation that is openly out there shows that depression was a debilitating disease long before it was made a sonnet in 1785, so people had known about it for well over 300 years, which means the adoption only 30 years ago is still a questionable issue. So, it seems that therapist are not at a loss for what to do, but there seems to be a lacking clarity of what will truly work. It does seem that medication alone will not ever be a solution.
It is clear that we are not there yet. If you think other whiles then consider that for the DSM-V the following is currently set: “DSM – V proposed (not yet adopted) anxiety symptoms that may indicate depression: irrational worry, preoccupation with unpleasant worries, trouble relaxing, feeling tense, fear that something awful might happen.”

Proposed, but not yet adopted!

We are not there yet and there is a long way to go. We can only hope that this road will have the resources needed to get there. I reckon we need to keep a view on the events that have shaped our view of the world and of those in it, for some of them will need our help. We might not be physicians or psychiatrists, but we can all do a little bit, so that they can do what must be done to find a solution for those who need help. If we keep to the cold statistics then we see that in the USA alone, 10% have it, this means that in one nation alone 30 million people are afflicted with depression, the reality is much higher because many do not seek help and some around them do not realise that depression is very near to them. Healthline (provider of health information) also reported the following: “60%-80% of all depression cases can be effectively treated with brief, structured forms of psychotherapy and antidepressant medication“.

I find absolutely nothing true in that statement, if it was then depression would have been successfully treated in so many cases and I would not have lost an idol. I think that it is time to take another true look at this without caring about budget cuts and ego’s.

If we get Keating involved, as Robin played him in Dead Poet’s Society, I would state “Thank you for playing anyway. Because we are food for worms, lads. Because, believe it or not, each and every one of us in this room is one day going to stop breathing, turn cold and die“, is that, what we, with our ‘generic’ view of mental health condemn these people to?
So I hope that politicians will take this event to sit down and proclaim that they will ‘take another true look at today’s mental health issues‘.

I will have a reason to smile, but I will say “Son of a bitch! They stole my line!“

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No Press, No Facebook!

So, another day in the life of you, the reader, me the blogger and us, the victims of big business in a way that neither of us expected.

Why are we in a stage of No Press? Well, I cannot confirm this for the UK, Canada or Europe at large, yet in Australia it started last year, the second week of November.

Most did not ever bother to look at this, but one I found (at http://www.cinemablend.com/games/PS4-Doesn-t-Block-Used-Games-Game-Rentals-60480.html) wrote the following: “A new last minute reputation management troll-rumor has surfaced online in an attempt to curb Sony’s momentum leading up to their big launch later this week“.

This is a hilarious ‘sucking-up-to-Sony’ response! So what actually happened?

In the two weeks before the launch of the PS4, Sony decided to change the terms of service (at https://www.playstation.com/en-gb/legal/software-usage-terms). I gave the information to Channel 7, Channel 9, Channel 10 and the Sydney Morning Herald.

NONE!
I say again NONE of them did anything about it. There was a flaccid message (to follow shortly).

So what is so important?

Sony wanted to start putting in place several issues to enforce DRM and to end certain practices. As the PS4 had not launched yet, they could not be too vocal about it, which meant that those claiming to be journalists had a duty to look into it, especially as these changes affected well over 80 million consumers globally. So either journalists only care about the boobs of Rihanna and on how people prefer fake boobs (of course, the possible silicone in a chest is always more newsworthy then the silicon chip that holds an economy).

So what is the exact issue?

Two points from the terms of agreement

  1. 3. You must not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the Software.
  2. 1. You must not resell either Disc-based Software or Software Downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher.

I will admit that 6.3 is badly phrased (a big no-no in any term of service agreement), but in this form it specifically targets one area of usage, which where at blockbusters one could rent a game for a week. An interesting try before you buy approach (not debating the validity or invalidity of this).

It is 7.1 that is the big issue, by agreeing to this (if you do not you lose your PSN account and online abilities) you confirm that you will not resell your games or buy second hand games. This was the big killer for Microsoft in the beginning in addition to the fact that this issue hits 80 million consumers. How is this not in EVERY newspaper? Perhaps their bosses where in the act of ‘hustle for advertisement coin’ (whoring seems like such a harsh word here).

When we look at Eurogamer (at http://www.eurogamer.net/articles/2013-11-12-sony-reiterates-you-can-sell-and-share-your-ps4-games), we see the following: “Sony Worldwide Studios boss Shuhei Yoshida added on Twitter: ‘If you are concerned about our new European TOS, we confirm that you are able to sell or share your disc PS4 products, including in EU.’” This is the flaccid response I referred to. If this is the case, then WHY make it part of the terms of agreement? Because Sony lawyers are perhaps cheap? (They really are not!)

We do not doubt the words of the Sony CEO, yet his word can be changed in a simple board meeting, the terms of service is a legally binding document between the consumer and the corporation offering the device and the service. Why am I the one person explaining this ‘oversight’ to the press?

This is a massive issue! The impact on the software industry would be felt in several countries. The fact is that many shops are in business only because they make a few extra dollars of second hand games. If not, new games would have to rise in price. Also, there is, especially in these economic times a large group depending on cheaper game solutions. A pre-owned game, which is at times at least 50% cheaper than the new alternative is one way for some to play a few games. The simple truth is that many cannot afford a $120 game, more often; their parents also are not in possession of such spending sprees, which makes the pre-owned game market an essential part to cater for a sizeable chunk of these consumers.

The second issue is the one that we see evolving now.

I was confronted with this almost two weeks ago, but something about the list of changes seemed so horrifying that I decided not to upgrade. This is still evolving and there are genuine concerns. Yet, what is the actual truth?

If we look at the Bull (at http://thebull.cbslocal.com/2014/08/07/facebook-crosses-the-line-with-new-facebook-messenger-app/) we see the following:

  • Facebook can change or alter your connection to the Internet or cell service without telling you.
  • Facebook can send text messages to your contacts on your behalf.
  • Facebook can record audio, and take pictures and videos, at any time
  • Facebook can read your phone’s call log, including info about incoming and outgoing calls
  • Facebook can read your contact data, including who you call and email and how often
  • Facebook can read personal profile information stored on your device
  • Facebook can get a list of accounts known by the phone, or other apps you use, it can connect all your accounts and Intel together.

It is in part the worry I had when I was looking through the rights I had to agree to when installing the Facebook Messenger app, which I decided against. If I lose my messenger history, so be it!

If we consider the Sydney Morning Herald (at http://www.smh.com.au/digital-life/smartphone-apps/facebook-is-forcing-messenger-app-on-users-and-they-arent-happy-about-it-20140729-zycfb.html), we see the following quote “CEO Mark Zuckerberg revealed during last week’s earnings call that the company eventually wants to monetise Messenger and the app will eventually ‘overlap’ with payments, though, as TechCrunch notes, he acknowledged the company still has a lot of work to do before users will see payments cropping up in the app“. It is fair enough that people will get to pay at some point. At that point people can return to the old Yahoo Messenger, which has forever been free!

My issue here is that there is a lot more visibility here, yet why this is not the lead with every news channel as this affects BILLIONS of people is also a little beyond me.

There is of course the other side. Is what ‘the Bull’ stated true? I am not stating that they were lying, but the android permissions are at times a little out there. This view is actually reinforced by CNBC (at http://www.cnbc.com/id/101911170).

The confusion seems to have stemmed from Android. “The app when you install it, it explains in a list what it needs permission to do, and this is the list that frightened a lot people initially,’ Simons said. ‘That doesn’t mean it sort of willy nilly goes about contacting friends or recording you as you go about your day using your phone camera,’ he added.”

I cannot disagree with this view, yet the truth is that just like with Sony, we agreed on something, we made a binding pact and that what is and that what could be are now intertwined and as such it is not about handholding, it is about clarity! When Big Business forces you the consumer, they will be precise (example: ‘we hereby charge you $11,732.34 to be deposited within the next 10 days‘). Yet when they would like something from you, they hide in ambiguity (example: ‘we can change all your savings into a fortune, deposit all today and the larger returns could be yours quite soon’). So, how large a deposit, how much larger, how soon? These answers would not be forthcoming until AFTER the deposit I reckon.

So where do we stand?

When we consider the issues that have plagued the tech savvy population, like the TPP, Sony, even government spending seems to be missing on the glasses of those ‘considering’ themselves to be Journalists. Another bash of that seems to have missed the larger view in news (at http://www.usatoday.com/story/news/politics/2014/08/05/federal-spending-transparency-money-missing/13485581/).

The first quote is “the data that does exist is wildly inaccurate, according to the Government Accountability Office, which looked at 2012 spending data. Only 2% to 7% of spending data on USASpending.gov is ‘fully consistent with agencies records,’ according to the report“, which makes me wonder who is keeping track of the deficit and how much larger could it be?

The second one is “The Department of Health and Human Services failed to report nearly $544 billion, mostly in direct assistance programs like Medicare. The department admitted that it should have reported aggregate numbers of spending on those programs“, which reads like, if we aggregate numbers, you are less likely to find anything and we can hide it under a total header. Failing to report on half a trillion is a big thing, it is well over $1000 for every resident in America.

So, does that mean that the deficit of the US is a lot larger? That would indeed be news as it would put the US in a peculiar financial position, or better a position they no longer hold. I am not stating that I am right or that I am wrong (both are an option). It seems that the papers and newscasts we get bombarded with every day seem to become more and more selective on what they consider important. One article affecting 80 million (the combined population of Australia and the UK) as well as the new issue which hits over a billion people does not seems to be important. The last news of last week is one that does bear scrutiny, yet to get something from USA Today and not the Guardian or any of the Australian news bringers does pose questions.

The Facebook issue will hit us for some time and it might result in something different. The issue linked to this is whether Android has a registration system that bears scrutiny. Android has its own faults (also not too overly reported on by journalists) and just pointing the finger at Facebook is also not entirely the right thing to do.

There is also the difference on what some will do and what some could do. It is the ambiguity that is slowly getting to more and more people.

So what should the journalists be doing and what should Facebook not be doing?

 

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The second exploitation

It is always nice to see business to take a look at others and see how they can profit. As The US had to increase its Intelligence spending from 2004 onwards, many of us saw the outrageous amounts that the taxpayer had to dish out for intelligence resources. The biggest drain was not the need for more men, but the simple fact that much of the Intelligence community went private and those intelligence officers who were making on average $72333 year, suddenly in the private sector were asking for $172333. It was a simple ask and demand issue. This has gone on for some time and now we see how others are picking up the idea.

It is Sky News who informed us (at http://news.sky.com/story/1310468/nhs-hospital-paid-1800-a-day-for-nurse) on something so outrageous, that for a moment I thought they had just copied and pasted news from the Telegraph (the truth is far more shocking).

The first quote should be a massive wakeup call “On May Day Bank Holiday this year a locum agency was paid more than £1,800 to supply a nurse for a 12-hour shift, new figures show“, so a group that does not get anywhere near such an income supplies more funds for one day then most nurses will ever make in a week. Can anyone please explain that to me?

I know that I had given the answer in the beginning of this blog, yet in my blog of June 19th ‘Concerning the Commonwealth‘ I wrote “if we look at the NHS, then staffing and expertise are also a worry, which is by the way a worry in many Commonwealth Nations. Most of these nations have well over 5% unemployed; can some not be re-schooled in the healthcare sector?” Of course, that was after the event and long before Sky News wrote their article, yet overall, just as we saw on the mismanaged 111 helpline; it seems that hospital resources are not budgeted correctly either. You see, when we look at budgets, we think of coin and cost. It seems that most people think in that same way. Yet, hours and staffing is also a budget we must keep. The fact that we for some reason suddenly need to pay 1800 pound for a 12 hour shift comes down to the cost of a full day plumber (or the equivalent of two QC’s).

Yet the article is also lacking, WHY was this action taken? Perhaps there were valid (or better stated a host of) actions that resulted towards this choice. So, not unlike the Telegraph, we should ask the questions in regards to these events as they are told to us. This is why I decided to hold on to this, as it was clear that there was more to this than meets the eye. My initial response: ‘Bad Sky News, bad!‘ (Especially as the health strikes were already going on).

It is now, today August 10th that I see an article of the Guardian that does more than just put the Sky News article to shame. I am not debating whether the article was true, but it seems that there are sides that certain people are never happy to inform the others about.

This part is now seen (at http://www.theguardian.com/society/2014/aug/09/former-nhs-carers-intensify-strike-over-pay). If I read this correctly then these people are making just above minimum wage, yet these people are doing intense work, needing to keep a mind of everything (especially physicians at times), whilst making no more than the brain dead fast food counter staff tends to make. How is this even close to acceptable?

Perhaps Sky News did stumble upon something, but they ignored the other side. So at 7 pounds, a nurse makes 280 pounds pre taxation. If that person was staying at a homeless hostel, she would lose out on 105, which gives her 175 to live on for a week, which is 25 pounds a day, take in consideration underground, busses and such, which makes for another fiver down the sewage (as they would rightfully see it). So how can ANYONE live on less than 20 pounds a day? Remember, this still needs to account for food, clothing and a few other items.

There is no denying that leaving the NHS in private hands is worse than just a bad idea. It could be the first onset of death for healthcare in the UK. As politicians have wasted in excess of 15 billion pounds on failed approaches to healthcare, why think that the private sector (a greed and profit driven entity) would do better to the cost and even more disgraceful, better to the people it is supposed to take care of?

The article has a clear quote that shows the danger people face: “Once they have squeezed out the state sector, and the third sector, we will then see prices rise; then we will see profits; then we will see these tax-efficient structures working.” This is a clear ‘divide and conquer’ approach, a method, might I remind the reader of that has been around Julius Caesar, so long before Nicola Machiavelli decided to become devious. Attached to this is that as more and more cost cutting solutions are born, ‘surviving’ on tax shelter operations, then the treasury coffers will miss out on a lot more, which will just force a system of checks and balances which is no longer depending on any balance, it makes for a massively unbalanced future for both the people and the state.

The part that gets me is the people behind the strike “Fifty carers for the disabled are staging one of the longest strikes in the history of the health service to secure a living wage for staff working in privatised services formerly run by the NHS“. Have these people on minimum wage figured out what politicians, who make a lot more than that are ignoring?

The danger is that when (not if) the healthcare sector collapses, the fallout will be unimaginable. Those deciding on cutting costs (which by itself is not a bad idea), should also consider the dangers that follows. Government has health and medical options because (for now) it is not driven from a profit point of view, which is at the heart of this situation, this is not about cutting cost or making profit, this is about breaking even or losing an essential part of support for the living. When we are left to the devices of that what brings profit, we see the first steps into culling a population. It will not happen because they are killed, it will happen because services are no longer available. Then what will the government do, and who will they have to pay, or more interestingly, how much will it cost the government then?

Is that in any way a lesser form of murder?

The question becomes: ‘If a Service Level Agreement is set between government and the private sector, can any of these parties be prosecuted for murder?‘

You the reader will laugh now, which is fine, but when we see the first casualty because of these changes consider my words and consider how that person would still be alive if certain steps had not been taken.

 

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The old reasons

There are a lot of high running tensions in play at present. There is the Gaza, which has been going on since I was there in 1982 and there is the downing of MH17, which is now becoming an increasingly political hot potato involving the Russians.

Yesterday, Nick Clegg called for stripping Russia from the world cup 2018 (at http://www.theguardian.com/politics/2014/jul/27/nick-clegg-russia-world-cup-2018-stripped-mh17-ukraine). I do not think I can presently agree with this. Yes, there are issues that need to be answered, yet, there is enough evidence to clearly state that Russian separatists, not the Russian army shot the plane down. The last group might not be innocent, yet for this we need actual evidence, which is currently (for now) not available.

David Cameron seems to be in agreement with me (at http://www.theguardian.com/politics/2014/jul/27/david-cameron-russia-2018-world-cup-ukraine).

In my case there is another reason. If we are to resolve any issues, then we need to make sure that diplomats get as many options as they can to smooth things over. In three years the issues of MH17 will have been passed, yet what lies around the corner? There is not a person in the world who can give us any answer in that regard, nor should they have to. If we want options, than we need to look no further than the Olympics, especially the ‘original’ ones (you know, the ones you might have seen in 776 BC).

In those days, there was an important side to these groups of people, who were always bickering with each other using swords and spears. It was stated “During the Olympic Games, a truce, or ekecheiria was observed. Three runners, known as spondophoroi were sent from Elis to the participant cities at each set of games to announce the beginning of the truce. During this period, armies were forbidden from entering Olympia, wars were suspended, and legal disputes and the use of the death penalty were forbidden“.

It was a stroke of genius! This was a time when certain officials could off the books meet and possibly broker solutions in a way where the ego and reputation of a person was not on the line. It was a time when some people could meet and possibly longer lasting truces could be held. Even today, when the emotions run high, we need to make certain that such an option remains.

This brings me to the second part in this, which is only casually linked. It was my blog of March 19th 2014 called ‘Any sport implies corruption!‘ where I looked at some of the issues regarding the accusation of corruption by Qatar in getting the World cup 2022. There were a few views that caused me to question whether there was actual corruption, or was this a push by big business to replace Qatar for revenue reasons? What is ‘more likely than not’ is the question in this case!

Last week the Guardian gave us additional information (at http://www.theguardian.com/football/2014/jul/21/ethics-investigation-private-fifa-michael-garcia), in the article, where it states: “Former attorney expected to deliver evidence by end of July“. It is now the end of July and we see the quote “Garcia’s report will go directly to FIFA’s ethics judge Hans-Joachim Eckhart, who is not expected to make any rulings until August or September“, so there will; be another delay in finding out the truth.
Moreover, I feel at present that after that another delay will come as certain people could be offered high income positions in other places before the news comes out. Will that happen? I do not know, what I do know is that the allegations have gone on for way too long and the additional delays, whilst we see more and more press on this should anger us all beyond belief. Big Business made a try and as such they hopefully failed. Of course we will not know until the rulings are made, but I remain adamant in my view! I demand the disclosure of names and participants in these events. In addition, the quote “Shortly before the World Cup in Brazil, Britain’s Sunday Times newspaper reported that some of the ‘millions of documents’ it had seen linked payments by former FIFA executive committee member Mohamed Bin Hammam to officials to win backing for Qatar’s World Cup bid” (at http://www.reuters.com/article/2014/07/25/us-soccer-fifa-qatar-idUSKBN0FU1M720140725), I could not get the Sunday times link as people need to pay for it and it cannot be fully shown, yet the quote is seen at CNN (at http://edition.cnn.com/2014/06/02/sport/football/football-qatar-world-cup-sunday-times/) which states: “We’ve seen millions of documents that prove without a shadow of doubt that corruption was involved. There is clear evidence linking payments to people who have influence over the decision of who hosted the World Cup“.
I think we should DEMAND the display of these documents. If there is corruption, we are entitled to see it, on the other hand, if we accept that it is more likely than not that an industry that misses out on millions of dollars are behind the accusations, then we are allowed to see that as well. In that regard, if the Royal commission would prefer not to be the laughing stock regarding the press, then in my view, it should have only one response to the quote from the Sunday Times, when it is proven wrong. The Sunday Times is to cease all operations for no less than 6 months, all staff to be paid during this time, no online activities and no revenue based activities. Subscribers get an automatic 6 months extension.

Is that too harsh?

The claims here, the claims in regards to MH-370 that were made by the Telegraph, none of it founded and no actual evidence ever presented.

Why is this such a big deal?

As the Olympics evolved, the base need for honest and open competition is what allows for differences to be settled. The concept of the Olympics was also continued in other events, like the World Cup Soccer and the Commonwealth Games. These events go beyond the events on the field. It allows for trade discussions, diplomacy and other conversations that have larger impact, in some cases none of them an option in an official capacity. This is why I disagree with Nick Clegg on this.

Even now, I have been adamant about the need for President Vladimir Putin to speak out harshly against these separatists since the first day it happened. It is likely that he relied on the wrong advisers (as I see it), but to cut off options of diplomacy is NEVER EVER a good idea. Even now, we see news (at http://news.nationalpost.com/2014/07/27/vladimir-putin-facing-multi-million-dollar-lawsuit-for-aiding-separatists-who-shot-down-mh17-lawyers-say/) where the headline “Vladimir Putin facing multi-million dollar lawsuit for aiding separatists who shot down MH17, lawyers say“.

How is this even realistic?

Is there ACTUAL evidence that Putin did directly support in the act that resulted in the downing of MH17? Yes, I agree there are issues with the hardware the separatists have and I mentioned that the first day, whilst the press were all about the ’emotional stories’ (which is not journalistic out of place). The facts are there and they need to be answered, but that lawsuit is a joke. Consider the fact that Osama Bin Laden was a product of the CIA, trained to some extend and funded to a larger extent. Was President George W. Bush, Senator Charles Wilson or many others ever sued for 9/11? Both premises are equally ridiculous. I see them all as meagre attempts from certain individuals to claim income and/or visibility from where ever they can.

So, why this switch?

If any of these issues are to ever be resolved we need to keep one open path, one path no one messes with to remain. We need sports to remain to be about sports, so that those attending (not those who participate), to divert the conversation to non-sport matters. If we can keep peace through an innocent informal conversation, then by all means let us do that. Preferably without a group of bloody Murdoch’s miscreants making claims without producing the actual evidence trying to divert games towards a better ‘big business’ marketable environment. My reasoning here is twofold. First the quote as “We’ve seen millions of documents that prove without a shadow of doubt that corruption was involved”. Were these people really that stupid? The one true rule here is that if it isn’t written down, it does not exist, would people state ‘in writing’ such events (people who should be a lot more intelligent than I am), or is it just a bluff? You see, evidence (or not) did the press not have clear, distinct and utter responsibility to produce and print this evidence? The people who have been hiding behind every sleaze report with pictures stating ‘the people have a right to know’, now suddenly they hide behind innuendo and silence? That is part of the picture I have a problem with.

The old reasons are now clearly in focus.

Sport should be about sport and sport alone. The people in the field are all about that what they excel in and as such, it might be the only true entertaining excitement left to us. This atmosphere will always allow for officials who are admiring their team. What was more endearing, more powerful and more sportive then seeing the Royal Dutch family amongst the Dutch, all in Orange, cheering for their team! What a massive adrenaline jolt it must have been for those players to hear their own royal family cheer for them! Is anything more amazing in sports? Is there a chance that his royal highness, King Willem Alexander of the Netherlands shook hands with an official from another nation, perhaps starting a conversation? The fact that Angela Merkel and Vladimir Putin were there for the match and had a conversation can only be a good thing for all kinds of reasons in the long run.
We seem to forget these old reasons. We get the sports, but foremost, we get the commercials and we get clobbered to death by sponsors with their trinkets, foods and drinks. That last part is the part too many are catering to. The bringers of news (especially in paper forms) are at least one third advertisements. Income is dwindling here and papers are more and more about keeping their (possible) advertisers happy. Even though these politicians can hold talks anywhere, allowing them to hold onto as many as informal places as possible is a given need. So, as such, for now, I feel that Moscow 2018 should continue.

If not, then Moscow should have never won the bid in the first place.

 

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Changing the rules of Democracy

An interesting thought isn’t it? It was CNN that gave me the idea in the first place. It all started with the article on the upcoming Argentinian default (at http://money.cnn.com/2014/07/25/investing/argentina-default/index.html). I have skin in the game here. Part of my family comes from there, which is why it caught my eyes in the first place. This is not the first time that Argentina has been in such a problematic state. The last time was in the late 90’s when it faced the great depression.

So, why is this event such a big deal?

Let us not forget that apart from soccer, many regard Argentina, no matter how beautiful it is, as a third world nation. So why is it allowed on the International Capital markets in the first place?
That was not an offensive question, but I need to ask it so that I can answer the questions many of us have in the first place. Argentina is in second place when it comes down to South American GDP, after Brazil (who is in first place by a massive margin), it is followed by Colombia and Argentina has a GDP that is 50% better than the nation holding position three, Colombia. So, within the ‘third world’ Argentina is pretty high up there. The second fact is that Argentina has the 21st position in regards to GDP, so this gives a massive view to how big its economy is. So why is it about to default on a 1.5 billion bond?

Well, Argentina is playing hard ball, a statement that seemed weird, because in the light of Argentina it seemed like worrying about a shave on route to the guillotine (a fake fear many former French Aristocats had, pun intended).

My first thought was the ‘worry’ why the IMF was not speaking out on all this. It seems so outspoken on a little place like Cyprus (no insult intended), yet is remains silent on an economy a hundred times larger?
What gives?

Well, my faithful old Yahoo had a nice part on this (at https://au.finance.yahoo.com/news/impact-argentine-default-100849473.html).
I particularly liked the following quotes: “The IMF proposed an international debt restructuring mechanism in 2003 but the plan was abandoned under pressure from the United States, the institution’s largest stakeholder, and the major emerging-market economies“, so the USA needed to keep Argentina as a cash cow or what?

The second one was “Under a US court order, Argentina has until Wednesday to either pay hedge funds demanding full payment on of its bad debts — or face a default that could have serious economic consequences“. So is this another USA hedge fund game?

If we consider the generic statement “Hedge funds are made available only to certain sophisticated or accredited investors and cannot be offered or sold to the general public. As such, they generally avoid direct regulatory oversight, bypass licensing requirements applicable to investment companies, and operate with greater flexibility than mutual funds and other investment funds“, we see the fear that governments are financially no longer run by governments but by those holding the credit bill behind the scenes.

This gives us a lot more fear then we should have to deal with and as such, it seems that democracy is no longer in the hands of the people, but in the hands of those managing the hedge funds. As such, did US District Judge Thomas Griesa buckle under internal pressures or is there something else in play? We should ask this question as we see that the response we see (at http://www.irishtimes.com/business/economy/us-judge-orders-argentina-and-bondholders-to-agree-deal-1.1875547), which is quotes as “Jonathan Blackman, a lawyer for Argentina said even with around-the-clock talks ‘it would be unlikely, if not impossible, to result in settlement. It simply can’t be done by the end of the month’ he said“

This feels like a game played with millions of households on the butcher’s counter, with the meat cleaver already raised up high. There is not enough information in these sources to clearly state how the game was played up to now, or the involved players behaved and how the international justice courts (not just the US) as such have been behaving on the given facts. The fact that the IMF has warned that an Argentine economic default could not only hurt the country’s economy, but also the global financial system is another fact in the entire game as this is currently playing out. What is FACT, is that we have seen hedge funds cash in at the expense of close to a billion people, they played a game that made them wealthy and left the rest in destitution, yet now we see more and more that these players are implied not to be held to rules of oversight and it can bypass licensing in apparently too many flexible ways. Yet, it must also be clear that Argentina is not blameless in this game either.

Not unlike the USA, when we compare debt to GDP (governments seem to love that comparison) USA is currently set to 101.45%, whilst Argentina is only at 45.6%, which implies that Argentina has an economy twice as solid as the US has (a false statistic, I know!). So when we play the numbers game, this default, or even to allow for this event to occur seems massively stupid in my books. The question becomes why Argentina is continuing to play such a level of hardball, the debts will not go away, Argentina would lose its place as a G20 member and beyond that the foundations of the Argentinian economy will be shaking for a long time to come, opening additional doors for investors to bail out of Argentina, take the first row boat across the Rio de La Plata and set up shop there. This in the end will be a massively good thing to Uruguay and the economy of Montevideo for the next 10 years.

So, how is this all affecting democracy?

In my view if we want to remain true democracies, then it is time to regulate Hedge Funds and their managers. It will require a level of oversight that is beyond reasonable, as the economic fall of the USA in 2008 has proven to require. In that regards the term ‘Vulture funds‘ seem very appropriate. The US and in particular its FBI are all about hunting down Loan Sharks, whilst at the same time they ignore a 2.4 trillion dollar market right under their noses.

Yet, in all this Argentina is not without blame either. Someone approved these debts. If we accept, no matter how repulsive that these funds, referred to the behaviour of vulture birds “preying” on debtors in financial distress by purchasing the now-cheap credit on a secondary market to make a large monetary gain, is as such opening a market, which is high risk and also at time high yielding, then we must accept that Argentina stepped, willingly or not, into a field with their eyes wide open, as such they largely have themselves to blame.

If these are matters of fact then we see the acts on both sides of the isle to allow and even mandatory pursue the need for a change to the democratic standards we see in monarchies and republics. If you wonder why I made the reference to the Guillotine, than consider the History of France, its bankers and the change as it brought order through Napoleon Bonaparte. The statement ‘War never changes‘ seems highly appropriate here, it is a quote from a Videogame, yet the truth behind it is as solid as the writings of ‘von Clausewitz’ and ‘Sun Tzu’. The question remains in these economic wars, who are the warring parties and who are the people behind the screens. You can be certain that those names are not the names of any elected official. Does that not change the premise of both economic war and democracy?

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Losing the house!

It is CNN that brought something to my attention. This is all about a decent landlord (yes, we all have them). An option was devised through Airbnb and as such a landlord is making a little bit of cash, as any landlord should be able to do. Yet, all this comes to pass in the extreme negative when laws are changed and we find out that the law is now more clearly protecting criminals and criminal endeavours. Was the law ever meant to do this?
It seems that California has a lot to learn when it comes to protecting its own financial future!
The story and the video (at http://edition.cnn.com/2014/07/23/travel/airbnb-squatters/index.html), which shows that people using the site Airbnb to rent out locations. In this case a tenant, who paid the rent upfront, has become a squatter and the man, known as Maksym Pashanin is sitting pretty at seemingly at the expense of others. There is more to the story that is linked to Maksym Pashanin, but for now, let us focus on the landlord tenant issues for another moment for now.

The CNN story states “He and his brother moved in, but after 30 days they refused to pay out the balance of their account”, how are these people still tenants? Does NOT paying rent mean that a person was voided his rights as a tenant?

I was amazed at the massive amounts of information on the internet, more interestingly, the fact that there are ‘game plans’ for squatters and how to maximise on all of this. One of them has a “Wikihow” and a starting quote “Squatting, the practice of living in abandoned or unoccupied spaces that a squatter does not legally own, is a great way to avoid paying rent, if you’re willing to take the risk”
The interesting note in regards to the CNN article is “Abandoned or unused“. The other part is that the person calling himself Maksym Pashanin is that they call themselves tenants and not squatters. “In California, renters who occupy a property for more than 30 consecutive days are considered full-time tenants on a month-to-month lease with rights to occupancy protected under the state’s tenant law”
Would this not include the need to pay rent? If the initial part is not paid, they become trespassers (or at least they should be seen as such), they are not tenants as such and as this place was never abandoned or unused it is not a squatters place at all. I know that legally speaking (especially as I am unfamiliar with Californian law) my goose is slightly cooked, so to speak. Consider however that in all this, the actual intent and drive for this Pashanin person to pay rent, if he had done so, there might not have been an issue.
Yet, I think that Ms Tschogl’s goose might get a nice ending.

When looking into Maksym Pashanin, I found that he was ‘Kickstarting’ a video game (two actually). Now, this is a market I truly know! Looking at the Kickstarter’s project and comparing it to the CNN story I found the following: CNN stated the tenant details were from Austin, Texas (where he started he second Kickstarter project before the first one had come to fruition). The Kickstarter details states he is from Navarre Florida. Now, this person might have moved, which is fair enough. The issue that the Kickstarter project and through this his backers (for a total of $39,739) was not updated is, especially as it involves state lines, makes it not just a federal case, but particularly the fraud squad should take a deeper look into this. Consider that he does a Kickstarter project, moves to another state and does it again. So, is the FBI looking into this? I also noticed that the Kickstarter project had the release and beta set for July 2014, is that not really bad engineering as well as a bad business sense? Kickstarter has every reason to keep its own reliability high by investigating this.
The next part is less clear, the quote “The guest texted back saying he was legally occupying the condo and that loss of electricity would threaten the work he does at home that brings in $1,000 to $7,000 a day” gives us two things. It could be a bluff or a lie. Perhaps even criminal activities as this all should be taxed. Is it? We have a possible crime that goes over state lines, which means the FBI could help Cory Tschogl by quickly investigating this. If it is all true then the person claiming to be Maksym Pashanin could pay the rent and there would be no issue. In addition, if they have such an income, then why have a game through Kickstarter? A game that looks like a low resolution game and views substandard to many games produced 10 years ago.

In regards to the tenant issues, it is clear that this system can be played. The law should alter to clearly encompass that a tenant is only a tenant if the rent is paid, with no less than 7 days delay (in case people still rely on ‘the check is in the mail‘ option). When tenant laws were made, the lawmakers clearly ignored the need to protect land lords like Cory Tschogl, whilst giving a massive amount of freedom for scam artists to continue on their path. I read all the issues on how lawyers can fix this, yet above all else, state laws has a defining need to be clear, not be deafeningly clear for the need of lawyers.

If the American dream is about enterprise and the dream of one’s own home, California State Law seems to have come up short twice on the basic protection of a dream, not a good achievement!

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