Category Archives: Science

July 29, 2018 · 15:10

The state of the gaming union

We see that there is a lot to rejoice about, yet there is in equal measure the need to take a moment, to stand still and realise that we have come to the crossroads. Some might realise that crossroads aren’t merely places where you take decisions, it is also a place where an 18-wheeler drives over you and that driver will not even notice the minimalized bump in the road that you at that point represent.

For Nintendo the initial ‘bad news’ moment is seen (at https://gamingbolt.com/jefferies-analyst-believes-switch-sales-will-see-a-slowdown-this-year), where we get: “even Jefferies’ Atul Goyal, widely considered to be the most optimistic of all analysts when it comes to Nintendo’s prospects on the market, has slashed his price target for the company by more than 10 percent, attributing his depressed outlook on a concern that Nintendo’s sales for the Switch in 2018 may not meet expectations“, which is an interesting way to put the setting, where we see that in two years, even with diminished sales, it implies that in March 2019, 38 million Nintendo Switch consoles are to be sold. Reconsider the number; by March 2019 Nintendo will crush the total lifetime sales of the Xbox One. So when I hear the utter BS approach on the ‘not the metrics of success‘, I wonder if they actually had an overwhelming presence, if they would be in the same stack of those in denial.

So as Variety gives us (at https://variety.com/2018/gaming/news/xbox-one-sales-1202796674/) the quote “Microsoft reiterated that it still doesn’t share the number of Xbox One sold, but this time explained why, noting that it’s using a different “key metric for success.” “We are continuing to look at engagement as our key metric for success and are no longer reporting on total console sales,” a spokesperson told Variety“, which is nice in a pigs eye. You see it is only 25 years ago when we were drowned in facts like: “The number of licensed users of Windows now totals more than 25 million, making Windows the most popular graphical operating system in the world“. That was nice, we agree that they did some good in those days, or should I say that this does not the reflection of a winner when they are left to announce that ‘the most powerful console in the world‘, is about to become the worst selling one. The fact that they always thought themselves so much better than Nintendo, with what some insiders hinted at was technologically not as powerful (that was a statement on the Nintendo GameCube against the first Xbox). Now that this so called overpowered console is merely number three is what I expected they were heading, the moment the world presentation of the Nintendo Switch was on everyone’s YouTube screen.

Now that the realisation is here (well almost) on their retinas, now they change the metrics. Its fair enough, they are allowed to do this. It is how you present a failure, one that could have been prevented 5 years ago. Now that the second tier of opposition could move against Microsoft, they need to realise that implied settings are up. With the need for new directions, we see that Microsoft now goes into other directions on marketing a new setting. Wired gives us this (at https://www.wired.co.uk/article/xbox-scarlett-game-streaming-xbox-two), with “However, the Project Scarlett rumour suggests that rather than its tried and tested business model of releasing a high-powered console to sit under your TV, the potential successor to the Xbox One will instead be a bespoke unit to stream games from the cloud” we see an optional path that could optionally backfire even more. You see, the shift that is speculated on with: “The prevailing rumour, spotted by Thurrott, is that Microsoft will release both a traditional console for high-end enthusiasts – likely building on the powerful Xbox One X, released in 2017 – as well as a cheaper model that will be streaming-only“, so how long until we see congestion on a new system, whilst the previous developed system is just too shallow? That and the overbearing marketing that every console shows are in equal measure showing to be aggravating to too many gamers at present. So when we see “Although Game Pass titles are downloaded to your local console, it could show Microsoft is developing a server structure to support streaming games to players in future. The Xbox Game Pass payment model would also be easily transferrable to a hypothetical ‘Xbox Cloud’ subscription for owners of the proposed streaming box“, we do see a solution that works from the Microsoft point of view, yet as games get bigger, and when we consider the recent blunder by intellectually challenged Bill Morrow of NBN when we were treated to “Morrow “didn’t ‘blame’ online gamers for congestion on the fixed wireless network”, because the real culprit is “concurrency” (that is, too many users hitting the network at once with bandwidth-hungry applications. Like video streaming. Or gaming), “in addition to higher-than-expected take-up and consumption”“, so he rephrased him blaming the gamers, yet with ‘Like video streaming. Or gaming‘, that whilst the clear evidence was that this was clearly the wrong statement to make. Two replies give us “Online gaming requires hardly any bandwidth ~10+ megabytes per hour. A 720p video file requires ~ 500+ megabytes per hour. One user watching a YouTube video occupies the same bandwidth as ~50 video gamers. The NBN chief might not be suitably qualified for this role.” So as non-qualified as Bill Morrow is expected to be, the second part is “The NBN is unable to cope with current demands, so projected increase in demands points to a crippled system in the near future. Billions wasted and potential destroyed“, this now reflects back on part of the speculated Xbox Johansson, nay Scarlett. You see, when those on a small budget are forced to stream, apart from the internet connection that they might no longer be able to afford, gives us that the Australian NBN congestion is pressured by an expected few millions of Scarlett users. Yup! That should solve it and even as we see an increasing amount of congestion articles pop their heads up; we see Microsoft moving into a cloud set streaming solution. So instead of fixing the flaws they had, they merely push their heads in the sand and give us another path to frustration. So as Network World gives us: “As enterprises accelerate their move to cloud, including the growing trend toward cloud office suites, such as Office 365 and Google Suite, where users expect LAN-like performance, challenges are mounting. According to Microsoft, Office 365 is growing at 43 percent, and as of the end of 2017 was boasting 120 million active users. A 2017 survey by TechValidate noted that despite increasing both firewall and network bandwidth capacity, nearly 70 percent of companies experienced weekly network-related performance issues after deploying Office 365. Gartner’s 2018 Strategic Roadmap for Networking, released earlier this year, noted that nearly all enterprises will need to look beyond MPLS and at re-architecting the WAN to optimize for cloud“, Microsoft is now ready to push as many gamers as possible in the setting where minimum packet settings are stretched to the age of 8-bit gaming. Yes, that was always going to be a good idea. Oh, and if you think that this is harsh, consider those providers taking the cheap way out initially in offering 5G like services on their 4G systems. Yes, these are different systems, yet the WAN is still used to push data across and now add 10 million players all downloading the speculated size of an 85 GB 4K game, so how long until that starts backfiring?

Now, we understand that Microsoft had to act and over time, the cloud would actually be for some a solution, that whilst we need to store the games somewhere, so what happens when up to 30 million Xbox gamers have to download amounts like that on a weekly foundation? How long until the pricing setting of the internet changes? How long until gamers are pushed into a corner on usage? When those gamers actually need the bandwidth of those watching 4K movies via a YouTube solution? This goes a lot wider than merely Australia and the UK, when we look at current congestion in New York, New Jersey, California and Texas, when those points get a setting that is no longer YouTube to gaming as 50:1, now it shifts to 4:1. How long until systems start to buckle?

Lets all be realistic, we do not know what the Xbox Scarlett is exactly, but the setting that the lifespan of the Xbox One X is to be less than 2 years, that is still a setting that is worrying for anyone who bought the Xbox One X this year. In the end, Wired speaks about the ‘genius step’ and gives us “Those who favour a physical collection, lack sufficient internet speeds, or simply want the bragging rights of having an incredibly powerful console can get the latter, while more casual or progressive – depending on how you view it – players can opt for a streaming device with an ever-evolving backend. With Sony and Nintendo investigating streaming, too, it might not only be Microsoft betting its future on the clouds“, we need to realise that the setting of ‘lack sufficient internet speeds‘, is partial denial. It is the setting of congestion that comes with the setting that gamers are likely to face as everyone is downloading the Netflix and subscription fee software solutions. All this did not require the New Xbox Scarlett; it merely required the Xbox One to have decent storage, something many have thrown into the faces of Microsoft. And there is nothing against the Scarlett, over time (2021-2023) that need would have optionally been clear, but in this stage where bandwidth is a bottleneck in many places, now it is about lousy timing, whilst we see the lack of care towards the gaming community by Microsoft. So even as they are in a stage where they look at ‘different metrics‘, the chances of many more future ‘former Microsoft fans‘ are moving to another platform.

In all this Sony has been on a similar step, we saw that with “Sony has been experimenting with cloud gaming through its PlayStation Now service since 2015, which allows players to stream classic and contemporary PlayStation titles to both PS4 and PC“. We see that there is in part a path here, but the setting that we need to see is ‘classic and contemporary PlayStation titles‘, games that tend to not go beyond 5GB, just like the Xbox 360 Games, and it is a perfect and as Microsoft is re-enabling those games on the Xbox ne, their gamers rejoice, no one denies that, yet try that with AC Origin 4K at 105 GB, or Assassin’s Creed Odyssey 4K 110 GB (speculated). Now stream that to all those users. There are no clear sales numbers for AC Origin (over all systems), but it goes into the millions, AC Origin was able to recapture many lost fans and that is likely to press towards even better sales of AC Odyssey. So when those are all cramping the networks, how long will it take to get it all on the systems and more important, is there even space for that game on non-PC systems?

This is the state of gaming. We are faced with more needs, better connection and more bandwidth. Some of it will be felt no later than the end of the year. The question becomes is it mere folly from some?

Is it folly or foiled folly?

With Microsoft that is hard to say, the steps are not outlined, so we need to take care not to rely on rumours until the official unveiling is done. Even the more reliable places (GamesRadar and Wired) are full of speculation and ‘expectations’, which is a dangerous setting to have. Even I am in a dangerous place, because my speculations are based on several settings, but not on the official word from Microsoft (which has been a lot less reliable lately). I personally believe that the hardware and OS fixes could give the Xbox One X at least 2-3 years, whilst we see the optional maturity of GamePass and other streaming solutions. No one denies that these paths will give options and opportunities, but remain sceptical on the setting that is relying on an infrastructure that is showing fatigue and dangers of buckling in several places, angering Microsoft gamers even more, in a time that Microsoft really cannot afford angering their gaming population.

All this is about to be the second round in the console wars, we have seen the equally speculated setting of the PS5, and there are already the speculated articles on how one is better and more optional in versatility then the other. Yet in all this Microsoft never stopped harassing the users, even after it had to back paddle on ‘always online‘, this is a setting that is still fresh in the mind of players, so there is that issue to consider, in addition, all this comes to light AFTER the Nintendo Switch will have surpassed the Xbox One total sales within 2 years, so there is that stinging pain for Microsoft to consider. In addition, the Nintendo Switch hit Sony equally hard, even as Nintendo cannot surpass total sales of the PS4, the monthly sales has set Sony to the number two spot behind Nintendo, so they too need to up their game. Even as we see that the Sony following is massive, the next generation will not be about total consoles, it will be about software sales and at present Nintendo Switch is breaking all the records.

I also predict that there will be a shift in gaming on another level. As we see the records that Fortnite is breaking, we need to realise that the indie developers are going to be a lot larger next time around. We have seen great work from some of them and even as we will not deny that Ubisoft and Bethesda take the lead, the Gran Turismo of outer space (Elite Dangerous) has now surpassed 2.75 million copies sold, in a multi-billion dollar industry that mile stone gets noticed by everyone. Add to that Subnautica, one of the most original RPG survival games this decade, which is now at the 2 million copies market, all three makers realise that as software sales is king in the next round, the indie developers will take a much more central role in gaming than ever before. I still have high hopes for the slightly delayed remastered masterpiece called System Shock. Nightdive is showing to up the ante by a fair bit and even as some have played the game before (close to 100% of all kick-starters), the setting that we forget is that some titles are even grander then the original was, because the remastered edition gets to enjoy 20 decades of gaming evolution, whilst the gamer was unaware of that shift. The same is seen with the new Resident Evil 2, so when it comes to gaming, some of the amazing works in the past are likely to be even more overwhelming in the new jacket, so as consoles are given new opportunity to create engagement, both Sony and Microsoft have forgotten to adhere to those levels of engagement in almost equal measure. There are other opportunities here, but that lies with some of the visionaries that also heeded the calls I made last week, making me correct in all this one additional time.

Even as the future of gaming might be uncomfortable to some degree for one of the players, it seems clear that overall gaming remains gaining forward momentum, that is, unless some will rely on congestion not to become an issue ever, at that point all bets are off.

Yet, for the Switch, their prospects are actually better than ever before, even as some claim that the targets will fall short by 10%, the selling for games in Japan alone surpassed the 5 million mark this year, which is actually excluding all the sales in the eShop, so they are already making quite the leap forward. In equality, Microsoft with GamePass is seeing large gains there too, giving us the clarity that the gaming future will be about the software sales to a much larger extent than ever before.

 

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July 28, 2018 · 12:09

She was not ready

As subtlety goes, I am happy to throw it out of the window this morning (a lack of coffee does this to me). You see, when we get the situation that the guy states that it did not matter whether she was ready or not, mainly because it only costs him $50, regardless what comes (or is that who). You might wonder where this is going, this is not going there, we are talking about banking. It does not matter who you screw and how you screw people over, when ‘she’ is not ready (or willing), it potentially constitutes a crime and you can throw ‘potentially’, as I personally see it straight out of the window. So why are we not getting angry? Why are we confronted with ‘TSB plunges to £107.4m loss as bill for IT chaos reaches £176m‘ (at https://www.theguardian.com/business/2018/jul/27/tsb-plunges-to-107m-loss-as-bill-for-it-chaos-reaches-176m). When we see: “bank has resolved only a third of 135,403 complaints“, why is there not a front page leading with the CPS investigating issues at the TSB? When we are confronted with “The payouts that followed a botched IT transfer from its former parent Lloyds to the new owner, Sabadell, a Spanish bank, in April pushed TSB into a first-half loss of £107.4m, compared with a profit of £108.3m in the same period last year“, we see a dangerous setting and there is no investigation? When we see the Financial Times on June 22nd 2018 (at https://www.ft.com/content/32749936-7561-11e8-aa31-31da4279a601), giving us the “customer of Bank of Scotland last month asked to withdraw £5,000 at her local branch in Leven, north of Edinburgh, the cashier thought the amount was unusual and asked her to speak to the branch manager. The pensioner explained that she needed the cash to pay workmen who had asked if she would like some half-price work on her driveway. Spotting a potential scam, the branch manager called the police, invoking a scheme that came into effect last year dubbed the “banking protocol”. Officers responded immediately and arrested six men at the customers’ house“, so in that case we go all out on 6 men, but we now see a setting where ‘135,403 complaints‘ are a potential issue involving many millions, and we are not looking deeper and setting the limelight on a level of negligence close to unique in banking. So what gives?

This does not come lightly, you see, when you take a scalpel to the quote: “The bank admitted that while it’s mobile app, online and telephone banking services are “much improved”, problems remain. The chief executive, Paul Pester, who defied calls to resign over the handling of the meltdown, said: “We’re making progress in resolving the service problems customers experienced following our IT migration and we will continue to work tirelessly until we have put things right.”“, we get the following:

  • The bank admitted that with its mobile app, problems remain.
  • The bank admitted that with its online banking services, problems remain.
  • The bank admitted that with its telephone banking services, problems remain.
  • The chief executive, Paul Pester has been called to resign over the handling of the meltdown.
  • We have been currently unable to resolve the service problems customers experienced.

Reread the previous quote and you can see that it is all there.

This setting does not merely impact some parts of the IT setting; it involves failure on the levels of

  1. Documenting the changes required.
  2. Verifying the document is accurate and confirmed form the UK and Spanish side
  3. Presenting the required steps to the board members letting it be scrutinised
  4. Analysing the migration test run and testing it for the setting of trial version against the live databases
  5. Doing a small segment live run to test for optional missed failures
  6. The QA report on the path to see if any issues were missed.

These are merely 6 steps in the most shallow of tests required to see if the changes would hold, yet in all this, with the setting of ‘135,403 complaints‘, there is a clear indication that more than just a few issues were missed.

It gets to be a larger issue with “Savings balances fell by nearly £1bn, while 26,000 account holders switched to other banks. Breaking down the £176m bill, TSB has so far paid £115.8m in direct customer redress, £30.7m to fix “operating defects” and £29.9m in lost income after it waived fees and charges to customers“, when I am confronted with ‘£30.7m to fix “operating defects”‘, we are confronted with a much larger issue than the 6 points show, It implies that the preparation and QA was close to completely missed. Even as we also see the implied £0.02 from TSB Marketing towards the Guardian, the truth of the presented “TSB said it remains one of the most financially secure banks in the UK and despite the highly publicised problems it had attracted 20,000 new customers“, you see, an actual secure bank does not lose £1,000 million, and neither does it stage the setting where 26,000 account holders do the ‘Nintendo Switch’ towards another bank. In addition, there is no verification for the quality of the implied ‘20,000 new customers‘, yet the loss of optional 26,000 loyal account holders might prove to be a much larger loss down the track. That is not given and the Guardian is not giving us those goods here (because we can accept that this loss is for now unknown).

The setting intensifies with “TSB was heavily criticised for its initially slow response to the crisis but has since hired 1,800 people and redeployed 700 staff internally to help stabilise its services“, so not only are people redeployed, 1,800 staff members need to be trained (I have done that for years, so I can already see the additional dangers not shown yet), there will be a learning curve, in addition the added stresses might make the chance of introducing new flaws and errors larger.

Even as TSB is for all settings decently adapt in shifting blame, with “On 22 April 2018 TSB moved from an IT system rented from Lloyds Banking Group to a new IT system provided by Sabis. As TSB outlined to the Treasury select committee in June, from internal investigations it appears that the design of the platform itself is robust but that the deployment on to the technical infrastructure led to many of the problems. TSB and Sabis therefore shifted the focus of the internal investigation towards the testing regime in Sabis and its providers“, the mere fact that a shift like that requires a shadow run of no less than 1 quarter, even if that means hiring 60 people trailing 6,000-10,000 accounts, that would have revealed a lot of the issues. So the evidence we see with ‘the deployment on to the technical infrastructure led to many of the problems‘, the 6 points mentioned earlier, the test runs and the shadow phase would have shown this. Now we have a, what I would personally regard as a setting of corporate negligence. You see, TSB cannot shift the blame, they are part of this and the proper testing was required on both sides. I would never want a CTO who had not been in the depth of the transfer from beginning to end, and if TSB had no proper CTO, continuing should not have been an option.

It gets even worse, when we see the Independent (at https://www.independent.co.uk/news/business/news/tsb-bank-losses-it-fiasco-cost-paul-pester-a8466856.html), who gives us “some reported being able to see other people’s financial details“, it’s a phishing hackers dream to get that far in any bank, for the bank to directly allow the viewing of this is just beyond normal comprehension. So as even the Independent is slightly soft on Paul Pester, they end with “The chief executive will not receive a £2m bonus he was due to collect for successful completion of the integration between TSB and its parent company Sabadell“, which would have been the straw that breaks the camel’s back. You see, the issue is larger than you think, when you consider the additional flaws that were revealed in publications going all the way back to February 2018. The Business Insider gave us the TSB goods on Crypto currency. So consider the IT failure and the setting of: “We don’t block payments for customers wishing to purchase crypto currencies when they use a TSB credit card or debit card, however we continue to monitor the use of crypto currencies and we will review our position on an ongoing basis“, which would have required additional testing on any system moving for one to the other, so additional tests were either not done, or not properly reported on. Now also consider the IBM report mention from June 2018. Here we see (at http://www.cityam.com/287976/ibm-report-suggests-tsb-testing-not-rigorous-enough-before), when we see: “Consultants from IBM told the embattled bank’s board that it had not seen evidence of the kind of testing it would expect of the risky migration process. The meltdown started on 22 April, when TSB had planned to complete a migration of its systems to a new system, away from a platform run by former owner Lloyds Banking Group“, as well as “IBM has not seen evidence of the application of a rigorous set of go-live criteria to prove production readiness,” according to the report, which was created as an update to the TSB board on 29 April, four days after IBM was hired and almost a week after the first signs of problems at the bank. IBM would expect “world class design rigour, test discipline, comprehensive operational proving” for a task of similar complexity and scale, the report said. However, the bank’s testing before the launch may have not given enough evidence to proceed, the report suggested. Previous examples have taken place over a longer time frame, with multiple trials, and did not attempt to migrate the entire customer base simultaneously“.

Now consider that the IBM report was given on April 29th, yet the making of the report suggests that part of this visibility was there as early as March. When you consider these events, how come that the SFO and the CPS is not all over this? It will not matter whether there is a case in the end, their absence is a setting that shows that there is a much larger issue at the banks and TSB might not be alone, but merely the most visible and stupid player.

So even as the TSB hides behind the spokesperson giving us: “The IBM document contained a preliminary work plan with very early hypotheses based on observations to date, that were produced after only three days of engagement with TSB. The content is therefore now very much out of date”, really? My 6-point list took a mere 5 minutes, I am certain that IBM has a lot more than I have, and for the ‘out of date‘ part? 26,000 customers leaving and 135,403 complaints, shows that the issues is a lot larger than a trivialised IBM report.

So when I see: “nor were they a validated view of what went wrong or of the actions that have subsequently been taken. Without this context, this document could be misinterpreted to the detriment of TSB’s customers“, I would like to tell this spokesperson (who seems to not be named anywhere) that ‘actions that have subsequently been taken‘, are actions when it was already too late, they should have been prevented! In addition, with well over one hundred and thirty five thousand complaints, the detriment of TSB customers have been achieved by internal actions alone, the IBM report might merely show how stupid these yet to be presented documented actions have been.

There is one additional part in this, and even as we see it as a sign for some crucifixions on banking levels, yet the given Financial Times in May that gives us ‘TSB turned down help from Lloyds during IT failure‘, with the additional “Lloyds had made an open-ended offer to use its own expertise to help TSB, but TSB declined. TSB has since recruited a team from technology group IBM to help it identify and fix the problems“, we see a path that TSB could validly have taken, yet to not include the one provider with years of experience on the TSB account and system usage seems not too great a decision. In addition, we see this (at https://www.ft.com/content/7159ae84-5798-11e8-b8b2-d6ceb45fa9d0), yet what we equally need to consider is that with “TSB’s new system was unable to cope with the volume of customers when it went live“, we see another failure, something that comes with the preparation before things transfers, the entire data load and bandwidth requirement that the new systems require to have, In my personal view it needs to be the current load +50%, not merely because customers tend to get nervous when ‘a new system‘ comes into play, the fact that there are moments when peaks come play (like Christmas shopping), systems tend to get tested to the max, not in April when no one has anything special in mind. In addition, it seems that TSB is relying again and again on ‘Our teams have continued to work around the clock‘, so how long until those teams get a burnout? The same excuse is reused for months now, so either they have been paying triple rates to staff members, or TSB ends up not even being close to a legal setting where they can walk away from anything. That view is seen in the Guardian the April edition, where we saw “Sabadell was warned in 2015 that its ambitious plan was high risk and that it was likely to cost far more than the £450m Lloyds was contributing to the effort. “It is not overly generous as a budget for that scale of migration,” John Harvie, a director of the global consultancy firm Protiviti, told the Financial Times in July 2015. But the Proteo system was designed in 2000 specifically to handle mergers such as that of TSB into the Spanish group, and Sabadell pressed ahead” that part alone should have been the setting where the board of TSB would have required to be up in arms every step of the way. So who were the board members, and which of them have actual IT, Technology and data quality experience? Is that not the weirdest question to ask when we are confronted with crash issues that should have been clearly identified in the preparation and identification phase of a project like this?

So whilst you are lulled to sleep with: ‘we will continue to work tirelessly until we have put things right‘, continue to think what else a bank could lose, or publicly propagate that impacts your life. In the end, the damage is not over and when we see the imbalance not be resolved, IBM might actually end up advising that for now, the return move towards Lloyd’s will be the only remaining sane act in play. How much more is that going to cost both TSB and Sabadell?

A setting that took a mere 5 minutes to see and I haven’t even had my first cup of coffee yet.

In the end, how ready was the bank? It seems not very ready, not ready at all.

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July 27, 2018 · 13:12

The bite

Today the news is all about Facebook, when we get confronted with: ‘Over $119bn wiped off Facebook’s market cap after growth shock‘, we suddenly see that the story given (at https://www.theguardian.com/technology/2018/jul/26/facebook-market-cap-falls-109bn-dollars-after-growth-shock) is one that has global ramifications. There are several quotes that give rise to concerns and opportunities. The quote: “More than $119bn (£90.8bn) has been wiped off Facebook’s market value, which includes a $17bn hit to the fortune of its founder, Mark Zuckerberg” is a robust one, especially when we realise that it links to “Facebook’s shares plunged 19% on Thursday in New York, a day after the Silicon Valley company revealed that 3 million users in Europe had abandoned the social network since the Observer revealed the Cambridge Analytica breach of 87m Facebook profiles and the introduction of strict European Union data protection legislation“. You see, this reminds me of the movie Blue Earth II, we see a dead Sperm Whale at the bottom of the ocean and the Sixgill sharks are having a feeding frenzy. In this case Facebook is the sperm whale. Now, it is an exaggeration, Facebook is not dead, not by a long haul. But the opposers and contenders for social media are nipping at the heels of Facebook and Mark Zuckerberg needs to wake up and act. For two people it is equally an interesting day. You see, this setting proves that Vic Gundotra and Bradley Horowitz were right all along when they created Google+. They did the right thing, the right approach and I do hope that those people abandoning Facebook will turn onto the Google+ highway, I personally always had both. I did not stop Facebook because of Cambridge Analytica, I always saw these risks to some extent, so I decided to remain decently clever on how I used Social Media, I was merely unaware that Facebook would be this stupid about it, but that is what happens when you are asleep at the wheel. In this case, for Mark Zuckerberg losing $17 billion the day was an extremely rude wake up call, all that whilst I gave him the option to own the next gen tech for a mere £20 million post taxation. I reckon a most expensive month for Marky Mark (do not confuse him with the other Marky Mark who is governor of the British bank). In this I also think that the market overreacted slightly. When you consider the quote: “The collapse came after the company told investors to expect a significant decline in growth rate, and revealed that the number of users in Europe had fallen from 282 million to 279 million“, we are either not getting part of it, or we need to realise that confidence can be gained back with the proper developers. It merely requires one visionary to change the game. The fact is that there is a second option for Facebook and Mark Zuckerberg does have the cash to make it work, optionally getting him an additional estimated 20 million members from the start and a lot more down the road (it’s not going cheap though). If we agree that the markets are about data and that the equivalent of members adding to that data is wealth, the setting of his currently loss could be overcome within 14 months, 21 months at the most. You see, it is not about what can be added, Facebook is seemingly not looking where it currently is not. That is where the chunks of lost members are optionally found and it is also where boatloads of new members can be added too, you merely have to be able to look at the facts that not all the fishes are in the ocean. You see, we all ignore the Nearshore fish, but when we realise that Australia has 25,760 Km of beachfront space and that within 10 meters there is an option to gain many millions of Nearshore fishes, how would I best go about it? You see, when it comes to fish, we think like a swimmer, or like a fisherman (in a tinny or not). Yet thinking like a surveyor gets us the boatload as well (just a lot quicker), we merely had to change our hats to get to the goods, it was THAT simple.

In this David Wehner makes close to the same mistake. with “the company’s decision to give its users “more choices around data privacy” following the Cambridge Analytica scandal “may have an impact on our revenue growth”“, that’s merely damage control and that is important too, let’s not be coy about that. The setting is that we are merely looking at one fish, like me (growing up in Europe), I know my Herrings, My Cod (a Captain Hook pun) and my Turbot, yet until I moved to Australia, I had never known how tasty the Pacific Dory was (not the one from Finding Nemo). It enabled me to create the Fisherman’s Pie (a Shepherd’s Pie variety). I merely adjusted my direction a little and a new option was created plain and simple, Facebook has all the makings of doing exactly the same, but can it figure out how to get there? Well, no matter how nerdy clever Mark Zuckerberg is, the fact that he lost 17 billion and I am merely trying to get my fingers on a mere 0.32% of that loss seems that I am either hungry or a little too stupid, I’ll let you decide.

Facebook also gives us “Zuckerberg said his company aimed to hire 20,000 people by the end of the year to boost its security and help review suspect content on the site. It has been hiring extra bodies at a vast rate, with its headcount increasing by 47% since last year to more than 30,000 people“. It is one step and I am not judging in any way, it is a path Mark Zuckerberg needs to walk, but in the end, he will end up hiring close to 50% more if he is to make the step from where he was do where he should be adding millions of users because the market allows him to do that, with additional benefits down the road in both the members and advertisers available. When I was learning about AdWords (Google Ads), I saw the granularity that Facebook offered, but in that same setting he missed out on engagement, which is a first sign of fake accounts, that path would be covered giving Facebook the direction, where the users themselves the option to tag fake account, because users rely in engagement and interactions, that part alone will stellar the value of Facebook much sooner than ‘now+21 months‘.

And the funny part is that it is in front of all the faces in Media and at Facebook HQ. I reckon that Google has figured it out, they seem to be on path to do something about it; the question is when the snooze alarm of Mark Zuckerberg will force him to take notice as well. That is the ballgame that should matter, in light of the shifting like ‘the new Nine Fairfax media magazine‘, it stands to reason that most are merely looking in their own shipping lanes, yet the setting has changed, because it is not those who can navigate the media seas, or get through the clouds of media, it is about the option to do both. It was a Frenchmen that came up with the idea and after a while we got to the date of March 28th, 1910, when Henri Fabre flew the first Hydroplane. One of the last pioneers of human flight left us in 1984 at the age of 101. He was there and he patented the invention, we need to realise that the state of matter storage does not impede data, in this Facebook and Google have the upper hand in getting the IP in the right place, will they follow through in this, or will they buckle and end up being food for the hungry sharks who found the opportunity and decided to dig in?

Let’s realise that Facebook and Google are too big to be devoured, but they are in a stage where others can grow due to the stagnation of these two. You see, we might see stagnation with Google, whilst some call it saturation and there is the crunch, how to overcome saturation. Even as I oppose the American view that saturation does not exist, the fact is that saturation is overcome through direction and medium. You need to remember that there is more than one side here. Some will give you ‘ads are delivered through a medium marketed on the promise‘ (or is that premise)? Some will give you ‘the consumer is concerned with the ROI regarding value rather than money‘, or ‘each medium offers a specific set of placement options‘ (source: Alice Jackson, Design Hill). Yet in all this we forgot the one part, we forgot about ‘Who is exactly the consumer?‘, it is like in Market research we state that the population agrees, but what made it ‘the population‘? Is it every nymphomaniac that owns a liquor store (a Dutch Comedian pun), or is it whomever you want it to be? The first is targeted, the second is the Holy Grail and that grail is available if you take media into a new light, because affiliated exposure will become increasingly important. In the previous media cycle it was not so cleverly regarded as ‘the Mobile Market‘, now that 5G firmly on route some people will need to get clever fast, because the first one in that market with the proper setting will get to rule that market ahead of anyone else giving them a large advantage. The rule here is engagement and some marketing firms and digital marketing dealers are still not aware what is required. The few players that do get it are now ahead of the game. They will have a large headway into growth and that is the part where Google and Facebook need to grow, not tomorrow, not next month, it should be today (although yesterday would have been better)! That evidence is seen throughout my articles over the past year and for the most I have been proven correct for well over 80% on this matter, people have wagered their billions (aka Mark Zuckerberg) on foundations a lot more shaky than most would have acted on; and whilst we think that Mark Zuckerberg is in a corner licking his wounds, he must move forward as fast as he can. He needs to realise that the current advantage that he has with Google will not stay there forever.

Because it is not this bite, it is the next bite and the optional seven Sixgill sharks that will make short work of the social media corner, the others have too much to gain not to go after any potential carcass in the waters. In the end Facebook does not need to take any risks at all with the right path forward, so why tempt the sharks to come and take a nibble?

 

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July 23, 2018 · 12:33

Circling the wagons

I had not expected a follow through on yesterday’s thoughts, but here we are. It seems that there is a business dispute between UKTV and Virgin Media. The Guardian (at https://www.theguardian.com/media/2018/jul/22/four-million-virgin-media-customers-lose-uktv-channels-dave) gives us: “after Virgin sought what UKTV called a multimillion pound cut in fees, leaves fans of shows including Judge Romesh, Harrow and Red Dwarf unable to watch some of their favourite programmes“. Let’s be clear, this is a business decision, so when Virgin wants a 7 figure fee cut, there must be something behind it, should there not? In addition, we need to offer in opposition, that reporting on (as quoted) “According to UKTV, “around 4 million households” were no longer able to access the channels after the midnight deadline passed” should also have an impact on advertising, as you are broadcasting to 4 million less viewers, so there is that in the mix too. Is it merely pricing?

The quotes: “Virgin Media has accused the broadcaster of seeking “inflated sums” to provide its paid channels and linking those to provision of free channels such as Dave and Home“, as well as “Steve North, the head of comedy and entertainment for UKTV, said the company provided thousands of hours of on-demand content to Virgin, with viewings of its programmes, such as Taskmaster, via the service up by a third over the year“, finally we need to add the part mentioned much earlier in the story. With: “The BBC holds back the video-on-demand rights to its programming, instead selling them to players such as Netflix. Virgin Media said this strategy was no longer acceptable as viewers expect to be able to watch shows on demand” we see a linked part in all this, and perhaps also the part where Virgin Media dropped the ball. You see when we see ‘viewers expect to be able to watch shows on demand‘, which I thought was a silly thing to mention, because of the mere fact that Virgin Media was unable to manage the expectations of their customers is a much larger fail. It is a first duty in support and customer care to manage expectations, some use SLA’s, some use other methods (like pricing), but managing expectations was never on the plate of UKTV. We can argue in addition that as viewing was up by 34%, fees would go up, but in addition, so would advertisement revenue. When you report that programmes are watched be an additional 34%, you have an advertising selling point. The question becomes was this merely about fees?

The BBC mentions the Netflix challenge, as well as a picture of a relaxed Greg Davies sitting in a chair (who is apparently no longer trying to destroy the city of Tokyo). Yet the article gives us two points, the first is: “On Twitter, Darren Woodward said he was “gutted” not to be able to see Taskmaster, while Tom Langdon was one of a number of subscribers to wonder whether his monthly bill would be reduced because they could no longer watch the show“, and the second is: “Richard Blunt from Birmingham told the BBC: “Practically all the stations we watch on Virgin have now been withdrawn. I think we will give it a couple of weeks, hoping that the decision is reversed, before deciding whether to stay or to go.”” The entire setting could now escalate in very different manners, not all good for Virgin, actually none of them good for virgin. Even as the Guardian article ends with: “The 10 channels are still available on other TV platforms including Sky, BT, Talk Talk, as well as Freeview and Freesat. Viewers can also watch them online via UKTV Play“, we need to see that this is merely a first step. I personally believe that UKTV has figured out a few things and in this, it has options that go further than merely a fee. The fact that 4 million users are in a setting where there is 34% growth, that is a section that Netflix (and others need), so this is not merely about money, I believe that there is a shift happening. I knew that this would happen, that part is clearly seen in the Netflix pressures. That we would see it shown the very next day was not on my calendar.

So when I decided to dig a little deeper, I found an article (at http://www.gizmodo.co.uk/2018/07/uk-tv-networks-are-looking-at-creating-a-british-netflix-to-combat-falling-viewing-figures/), which gave us 5 days ago: ‘UK TV Networks Are Looking at Creating a ‘British Netflix’ to Combat Falling Viewing Figures‘, so was that a self-fulfilling prophecy or not? So as the article ends with “BBC News reports that the BBC, ITV and Channel 4 have already had early conversations about the possibility of working together to create a combined streaming service with the potential to compete with the likes of Netflix and Amazon Prime TV. Whether such a thing will come to fruition currently remains a mystery, but considering the shifting trend to online media, it seems a likely step that broadcasters will eventually have to take to remain relevant“, we see exactly the play that seems to be unfolding now, and from the pressures shown, there is every chance that through pressures applied, this new venture starts with a rather delicious slice of 4 million viewers leaving Virgin. Even as some stated that they will see in a couple of weeks, the sooner this shift happens, the more power Virgin loses, implying that Netflix will not merely grow business, it has the option to grow an advertisement branch much larger overnight as well giving them more options.

Even as we agree that some changes are about to happen, we need to realise that the UK will have a new venture in ‘package deals‘. The quicker that Sky TV and other shops include the UKFlix side of things, the quicker momentum can be gained. It is in this setting that it can grow in the UK as well as gain momentum in Western Europe, where UKTV has always found happy recipients of the series that UKTV fathered and promoted.

It does set a new tone on where places like Virgin Media are going. The UK always had a little saturated niche in all this, the fact that the Netflix equation unsettled the walls in place making it a dog-eat-dog battle field, is both good and bad, the good is that overall the pricing will become interesting to households, the bad is that those with the larger budgets can overturn whatever independence remains. It will be a fight where those with the biggest wallets will be able to out buy whatever is in play and that is not always the positive outcome for households on a budget. The issues that follow soon after that is as one is diminished, how far can it go abroad? The direct setting for the Netherlands, Belgium, France and Scandinavia is also added to the board, because a shift like that tends to move outside of the borders. for example in Sweden where 50% is set by SVT1, SVT2 and TV4 gives options for growth, especially when you consider that Disney and Fox each have less than 1%. The same we see in Norway where 50% is with NRK1 and TV2. They are all markets with options for growth; from an advertising view Norway is more of a nightmare. The two large cities merely represent 14%, whilst the villages 11th in size and smaller are less than 50,000. This is different in Sweden where the four largest cities are 25% of the population and a chunk of the smaller places are still a lot larger than most places in Norway, Sweden has twice the population, but they also have that population in larger communities. These are all elements that have an impact on growth, so that is one side and merely one side. You see Netflix and their methods are rubbing off on the other players and that is where Scandinavia becomes a much more interesting market. The land that gave us Maj Sjöwall and Per Wahlöö and their fiction in the 60’s and 70’s; the land that had Pippi Longstocking and the White Stone for the kids, whilst giving the adults Beck and Swedish Dicks is a treasure trove of IP and that is very much on the mind of the decision makers behind the screens. You see, getting the right IP is half the distance towards profitable series, and there is plenty to find in places like Scandinavia and Australia. They have built quite the score list. That setting needs to be on the forefront of all the board member minds. Getting decent writers for new series is one thing, resettling an existing gem comes at 40% less cost, whilst upgrading a series to today can score places like Netflix millions of viewers with minimum expenditure, when we consider the 8 billion that they are setting in now, delaying one series and replacing that with 10 retrenches that are unknown in the bulk of their places is a way to quickly fill needs, to up the amount of IP and the value it represents as well as open up new doors to other ventures. You merely have to see the impact of the TV series Humans, which got the makers the British Academy Television Craft Award for Best Digital Creativity, as well as a 94% rating is what matters to those in the boardrooms and even as they missed out on Humans, there is plenty to find in some of these places. The relaunch in Sweden of Beck is one part, getting that to the Netflix audience is potentially an additional market to tap in to. In the end, merely buying IP is an option and I personally see is again as short sighted, it is the interaction and engagement of these markets where new innovative IP becomes an option. You merely have to look at the past on the history of the 70’s series Kung Fu to see that the creation of IP that shines for decades is seen. And they are not alone, especially when it comes to TV series for the younger viewers. Sweden had several series like the ones mentioned earlier, the Dutch had the still immortal ‘Kunt U mij de weg naar Hamelen vertellen meneer?’ loosely based upon the ‘Pied Piper of Hamelin’, even as the materials were lost over time, that TV Series is still remembered 48 years later, that’s IP that sets a provider apart from all the other players! As such growing interactive markets, not merely acquiring IP, whilst at the same time investigating what IP is close to readily available is what pushes the Netflix investment invoice of $8 billion a year down, whilst creating content that will be around for a long time. As I mentioned in yesterday’s blog ‘Chivalry vs Rivalry‘ (at https://lawlordtobe.com/2018/07/22/chivalry-vs-rivalry/), we need to consider “The value of those rights has now spiralled, which has pushed up Netflix’s content budgets and fuelled its drive to produce its own content“, that is still going on, so the one moving fast into areas and setting the stage to acquire the IP, that is where it will be at in 3-4 years, so whomever moves now ends up having the home field advantage, giving additional rise to production settings that are currently a steal at twice the price, yet as the impact of digital content and growth becomes more and more visible, the other players will circle their wagons faster and more determined to get either much better prices, or become players in this field themselves. the moment that all this IP hits 5G and goes global, at that point the entire game changes for all the players involved, so getting there sooner is what it will be about and from what I personally expect that visible push will be all over the news with some frequency no later than 2019.

 

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July 22, 2018 · 14:27

Chivalry vs Rivalry

The news is still hanging onto several things that are playing. This is not a bad thing; this is the setting as news moves forward and remains news. Even when we consider the events in Saudi Arabia, where we get the Guardian quote: “Saudi Arabia has rushed to boost oil production under pressure from US President Donald Trump – only to discover that global markets might not need it yet, according to some financial experts“, we see that certain players do not tend to use a presidency as a tool, so the quote might be correct, but there is a game in play, played between Donald Trump and Wall Street. So far it works, because everyone thinks he is an idiot, that is the popular story, but I am not convinced. This is direct and it is with purpose, so something else will rear its ugly head soon enough. Yet this is not about that. You see, when it comes down to chivalry versus rivalry, we see that chivalry is dead, it has no place anymore. Even as Saudi Arabia wanted to come to the aid of America, we see the news that “the Saudis are struggling to sell as much extra oil as they’d hoped and are privately fretting that they may have opened the taps too quickly, according to people briefed by Riyadh in the last few days“, it this merely an American ply to keep the reserves maxed so the President can haul away a cheap political victory as heating prices remain low this coming winter?

Even as the Independent offers: “Societe Generale’s Mr Wittner, said: “We have hardly started to see a reduction in flows from Iran. Though there’s a lot of crude coming out from Saudi Arabia now, spare capacity is really going to be the big issue going forward. And spare capacity is getting very tight very quickly.”“, I am not convinced that this is about Iran; this is about keeping prices down over the next 8 months. The flow fall of Iran is merely a nice bonus. Even as we start on oil, we now see that a similar fight is going on in entertainment, the actual issue. In the light of Netflix against the world, we see a few changes that are now more adamant and also impacting us all. The Guardian starts the event with: “Below-par subscriber numbers last week were bad news for a service that must keep growing to survive. How will it respond?“, yet the story is not there. You see, from my point of view, 100 million subscribers is nothing to sneer at and the saturation makes new members a much harder setting, it is by no means the setting for a down draft. Even last week, when I wrote ‘Pushers of media value‘ (at https://lawlordtobe.com/2018/07/17/pushers-of-media-value/), I was confronted with several responses, that I was crazy, that there was no saturation. Yet now we see in the Guardian: ““Netflix’s big challenge is maintaining growth worldwide while its customer base saturates in core western markets,” says Richard Broughton, analyst at Ampere. “Netflix is having to work ever harder to gain new subscribers.” The low-cost nature of the streaming service – a premium subscription costs £9.99 per month in the UK and $13.99 in the US – means that it needs inexorable growth to pay for its content“, so apparently with ‘while its customer base saturates in core western markets‘ my setting shows to be the correct one. Now that we have that out of the way, and for now I ignore the one market that Netflix ignored in the UK and a few other places, worth close to an additional £15 million a month, we see that Netflix is for now all about the “it costs a lot of money to attract a Hollywood star such as Will Smith to a sci-fi film like Bright – and in recent years it has been raised by about $1bn annually. Netflix is stuck in a costly and precarious cycle“, Netflix has chosen a short term solution that will go nowhere in about 3 years.

It is the setting of the man who makes a deal with the devil, to bring 10 souls a day to stay out of hell, and accepting a 20% annual increase, as a sales director he accepts it, because he knows it can be done, yet souls are not revenue and in 3 years he needs to have accumulated 12,230 souls. After 6 years it is up to 34,200. A setting that started with 10 souls has now been increased to 25 a day, no option to fail. Greed is like that, it has no problems, because in the end the house wins or collapses, until the second happens, all serving the house are in a spiral of servitude with sliding morals. You see, the first 10 years seems fine, but after 10 years the daily soul quota has gone up to 51 a day and after that it gets interesting with decennial party where 319 souls a day will be required. That is the game everyone forgets about, steps absent of long term vision with in the end the executive having to hand over his soul, no matter what. The house of greed always wins!

Netflix is now in that downward spiral, not when it comes to members, but the setting to gain followers, set against the tides of resources, that is the war they cannot win, not until they resist temptation and take it to a very different level. They have the option and the means, but will they be willing to take the plunge?

Rivalry

This is the setting of greed, rivalry is everything, because now that Netflix has shown the value, now that the others are seeing that the setting is not merely revenue, it is massive profit for the one holding the data, that is the setting that we now get with: “Netflix was able to get hold of the rights to TV shows and films on the cheap. Rights owners and future rivals had not identified the global potential of subscription video-on-demand rights, and Netflix prospered. The value of those rights has now spiralled, which has pushed up Netflix’s content budgets and fuelled its drive to produce its own content“, there are solutions and the nice part is that both the UK and Australia have a leg up in all this, they have an advantage if the proper person gets the parties working together, but can they realise the potential that is still out in the open for the next person to grab?

I am certain that the issue is there, but sees it? I am not giving away the plot here, because there are three aces up for grabs, the question is whoever holds the fourth ace is in the running to get the clean sweep. Yet, the second party is Netflix, are they up to the task to get set up for the chop? That is the game, it is not merely winner takes all, failure is at this stage slightly too dangerous. It took me a day to realise the opportunity, because even as an IP master, I had to wonder how far it could be stretched, yet it can in the Commonwealth and as far as I can tell in the US as well, so this gives Netflix the option, however, to get this up and running, they need to truly focus. It cannot be half baked!

The next pitfall

With “Youth-targeted shows such as Stranger Things and Thirteen Reasons Why have been major hits, but Netflix faces some of the same pressures caused by the rapid generational shift in viewing habits“, that is true, but in that same setting, we see that in some cases everything old is new again, so there is space and place to grow and to do that, a first step is needed, but are the shareholders willing to play the longer game, a game that could potentially grow value by 400%? The long game is not something that shareholders are good at. They believe in short term gratification (not just on 42nd street mind you), so the game is optionally out of the hands of the Americans, giving the UK and Australia now a partial advantage over America on the entertainment business and there is plenty of famous entertainers here, beyond the Australian King and Queen (Geoffrey Rush & Cate Blanchett). This gets us to the final part in all this. The quote “Netflix’s long-term strategy is that it has to increase its revenue from subscribers; it needs to move into those content genres to replicate the journey of traditional pay-TV companies,” says Mulligan. “You need a full suite of content if you want to be a real substitute, not just an additive service.”” we see here is a dangerous one. I do not completely agree with Tim Mulligan, analyst at MIDiA Research. You see, he relates Netflix back to TV, yet we all forget that Netflix is not merely new, it is in a position to become more than: ‘the large new kid on the block‘, yet what Tim fails to see is that Netflix is optionally the new cornerstone of entirely different block, Netflix has been setting new grounds, but the inconceivable still exists, Netflix and rivals have the option to become the rulers of Tinsel town II, a setting that scares Hollywood and the large players in cinematography. They know that this is still a reality that they face and it makes every analyst take a 90 degree turn, but the reality is that short sighted on what makes for any Tinsel town is the opportunity that hands Netflix the goods. Whilst the realisation of avoiding ‘value of those rights has now spiralled, which has pushed up Netflix’s content budgets and fuelled its drive to produce its own content‘ is clearly there, the fact that no one sees the options available is equally disturbing, are they not seeing it, or are they too scared and pushing away FROM it, two very different realities. and one is a steal to own if you see beyond the 4 lines that makes the square that some analysts put you in, realising that lines on a map mean nothing to the map itself, only then can you embrace the new course where those talking the leap have an option (if ALL the conditions are right) to become the new rulers of a market no one saw coming in the first place.

That is what separates the visionaries from the second rate followers.

 

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July 19, 2018 · 13:49

Trusting Anti-trust cases?

Today will be about Jennifer Rankin and her article ‘Google fined £3.8bn by EU over Android antitrust violations’. First off, it is a good article, she did absolutely nothing wrong (at https://www.theguardian.com/business/2018/jul/18/google-faces-record-multibillion-fine-from-eu-over-android). We get the goods (not all mind you) but a clear picture and that is what I like, a clear picture to work with.

Right off the bat we start with “Google has been hit with a landmark €4.34bn (£3.8bn) fine by the European Union over “serious illegal behaviour” to secure the dominance of its search engine on mobile phones“. Interesting setting as there are Android based phones and IOS (Apple brand X phones). The android systems ALL have full access to Google. As for the search engine, there are two elements. The first the engine for searching itself, which is in android, giving us an open source setting and (at https://searchcode.com/), you can take a look yourself, now you will still need the skills to program, but that is a discussion for another day. The second part is to find stuff, which requires the PageRank. Now we have an issue, because (as the Americans say): ‘that shit is patented!‘ plain and simple. Whilst Microsoft and IBM were belittling Google in 1999 (heard it myself in the UK) Google was working and growing in what is now defined as ‘the development of the Android mobile operating system, the Google Chrome web browser, and Chrome OS, a lightweight operating system based on the Chrome browser‘, it took 5 years for them to get serious traction and whilst they grew, the other two were marketing their BS on every level whilst trusting in VP and players who actually did not know any of their shit, people relying on PowerPoint presentations, bullet points and hype expressions. Now we get the first part that matters: “The European commission imposed the record penalty after finding that the US tech firm required smartphone manufacturers to pre-install Google’s search and browser apps on devices using its Android operating system, which is used on 80% of all phones“. This is the first part. You see, there is a merely a partial truth and it is largely incomplete. Any mobile smartphone needs an OS. So we have Apple with IOS, there is or was) Blackberry, Microsoft and Google with Android. The rest was either not willing or eager to play on any serious level. They all had this: ‘it is much better going for larger systems‘. Even the larger players ignored the power of Mobile and Smartphones for too long. That evidence is seen with NBC where we see “In a farewell post on LinkedIn, Microsoft’s former head of Windows, Terry Myerson, explained why Microsoft failed in the smartphone business“, (at https://www.cnbc.com/2018/03/29/why-microsoft-failed-in-phones.html). The quote: “It comes down to two problems: Underestimating Android’s business model, and building on an older technical platform that wasn’t quite ready for the job“. So in two mere dimensions we see the acknowledgment of large corporations set in a place of short sighted expectations whilst using a narrow minded business model. That is apart from the issues that Windows Mobile had, I wanted to add that list of issues, but I calculated that this section would be no less than 6000 words, with the additional issues on Windows 10 mobile adding a serious amount of words to the 6000 words required. Blackberry did not survive the times either. It had a good platform, but ultimately too expensive for most businesses. It is still going on, but not in the same way it was. Blackberry was not flawed, it focused on specific groups and those groups, those who choose Blackberry will love it forever, it merely could not hold up the settings there were, I reckon that the 2008 crash wiped well over 35% of their customer base instantly, a setting that many corporations tend to see as a fatal blow, Blackberry was no exception. So 50% of the ‘larger’ players are already gone, none of it had anything to do with Google, or with the patented parts. So I would love to scrutinise the Danish Margrethe Vestager (without resorting to Denmark and Hamlet). It starts with: “Google has used its Android mobile phone operating system “to cement its dominance as a search engine”, preventing rivals from innovating and competing “and this is illegal under EU antitrust rules”” No! They did not! We see the clear admission from Terry Myerson giving us ‘building on an older technical platform that wasn’t quite ready for the job‘, knowing that already sets one of the two outside of the consideration. I have given the audience evidence again and again on how stupidity rules at Microsoft. The Surface and Xbox platforms are two distinctive places where this is visible. Both have a narrow minded setting, both are short sighted and even the business approach to grow the customer base failed to do its job. Reuters gave us that last year with ‘Microsoft Surface devices fail on reliability: Consumer Reports‘, an overpriced system that cannot even get close to 80% of what Apple could do with its very first iPad in 2011. In addition Reuters gives us: “The non-profit publication surveyed 90,000 tablet and laptop owners and found that an estimated 25 percent of those with Microsoft Surface devices would be presented with “problems by the end of the second year of ownership,” according to a study published on Thursday“, how can any device with a 25% failure issue be in the market in the first place, and it is very connected, as this is the mobile industry, the mobile industry is more than merely a mobile phone, all connected devices that rely on mobile technology (Wi-Fi or cellular) are part of that failure. The Reuters article (at https://www.reuters.com/article/us-microsoft-surface-idUSKBN1AQ1EP) we also get “According to the Consumer Reports survey responses, the Microsoft devices were found to freeze, unexpectedly shut down or have issues with their touchscreens, Beilinson said. Altogether, the reliability issues made Microsoft a statistical outlier compared with other brands. Apple Inc. had the most reliable devices, Beilinson said“, so how many corporations should be considered when they are the outlier in a negative way? #JustAsking

It is time to look at article 101 (antitrust) (at https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:12008E101&from=EN). Here we see:

  1. The following shall be prohibited as incompatible with the internal market: all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the internal market, and in particular those which:
    (a) directly or indirectly fix purchase or selling prices or any other trading conditions; (not charging for a service is a right anyone has)
    (b) limit or control production, markets, technical development, or investment; (impeding your own technical development, intentional or not is merely your own visionary stupidity)
    (c) share markets or sources of supply;
    (d) apply dissimilar conditions to equivalent transactions with other trading parties, thereby placing them at a competitive disadvantage; (nope, the non-patented part of android is open to anyone)
    (e) make the conclusion of contracts subject to acceptance by the other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection with the subject of such contracts.

The first issue is that the Page rank which is part of this is patented, so there is already a setting of exclusion. The fact that the others are 10 year late to the party is equally evidence that there is a wrongful conviction here. The setting that they are all scared with the coming of 5G, whilst Apple and Google are the ONLY ONES who will be decently ready, both ending up with a massive market share. We see at this point the third failure of Microsoft. You see, it was not merely the two that Terry Myerson stated at CNBC, the ‘Underestimating Android’s business model‘, as well as the ‘an older technical platform that wasn’t ready for the job‘, it is to some extent the ‘25 percent of those with Microsoft Surface devices‘ failing, they are all connected to overlapping user groups making the damage even larger. The Xbox debacle that showed a bullying setting of ‘always online’ as well as storage shortage issues (a killer in the mobile devices), their bullying setting of pushing people online is equally part of the failure. It was the fourth part that truly took Microsoft out of the race. Google (as I personally see it) looked at roughly 1.7 million university students and looked at where the future was pointing. They saw where the future was heading and they build on that long term view. Just look at the Gmail storage, the YouTube facilitation, and to openness of their business suite apps, just a few examples. Over 3 years I have only two parts where I missed Microsoft Office a little, over 3 years that is nothing. That in a setting where Microsoft went into the ‘greed’ setting it becomes a lot more funny, especially when we see students having to get by a few dollars a day, yet Microsoft has a $199 version for these students, yes it will be cloud, secure (so they say) and update cost free, a subscription service. Google merely states $0, on the cloud. You tell me what students want! The issues are linked, because Microsoft had been actively growing the anti-Microsoft feelings for almost a decade. I understand that Microsoft has a business model and ‘free software’ is an issue for them, they have a right to be like hat. Google understood that the poor students who hardly can keep a budget now, are going to be the executives of tomorrow, those people then are executives now and they all embrace Google (well, most of them anyway). There was no force, there was no (how did that Danish lady put it?) ‘Restriction or distortion of competition within the internal market‘, many went to iPhone and IOS and Google is fine with that. No, the issue is that the other players are confronted with the stupidity of the previous post holders and that is an issue now, it links together.

By not realising the future 15 years ago, the present is close to unobtainable for them. I watched how I saw again and again how some of them went by ‘We are now working on the new technology surpassing the others‘ again and again (and not delivering). You merely need to find the history of ‘SPSS Data entry for Windows‘ and realise that this was an excellent way to lose 6000 businesses, and close to 35,000 users (relabeling it ‘form design software’ was never a solution). Microsoft went in that same direction and now they are close to side lined from the next technology by their own stupidity. No resources, no ‘know-how’ and no vision, yet Google is the big bad wolf here!

This is the underlying story that links it all and some companies are merely indicative, but they overall went the same direction. So where we see ‘preventing rivals from innovating and competing‘, I see that this was not the case, they merely went a greed driven path (OK, I admit, I should say ‘revenue driven path’), whilst actual new technology is all about innovation and never about iteration. Microsoft, after IBM the larger player feeling left out has shown us on several fields that innovation is merely marketing, not actively pursuing issues and with a ‘25% failure issue’ setting in the Surface department, I believe that their flaws are clearly shown. It becomes more of a farce when we see “Vestager added: “The vast majority of users simply take what comes with their device and don’t download competing apps.”“, users want what works; we are not interesting in a $199 fee for apps that they we get for free, ask any student. There are apparently 207 million higher education students globally, ask them! In addition, that mere setting where we see the onus of the user, to not look for more is punishing a company because the users are lazy? Since when can we convict Google for not installing in the second degree, because the user was lazy?

In many situations there are no competing apps, not of any quality that is and when you look in the Google play, we see that the users are allowed to set the tone. I will be the first to agree, that there are issues and that there might have been a case to some extent. Microsoft faced that years ago when it was still in the delusional setting that they had the better browser. Now we see a different picture. Now we are faced with IBM that put everything on Watson (not sure if that was a good idea), but it can facilitate to the larger degree in every direction, including the third parties banking on 5G, IBM is eager to oblige. Microsoft has nowhere to go, they burned down their options and as they screwed up again and again, it has nothing left but to sulk like a little child. Just consider the upcoming Microsoft Surface Go, for people with budgets. Now consider the News we are given: “With a starting price of $469, the Apple iPad (with Wi-Fi connectivity only) is the winner on affordability”, “The consumer/education version is priced at $599 and will run Windows 10 Home in S mode – which only allows apps that are available in the Windows store”, all this, for a system not out yet, and the Australian Financial Review (at https://www.afr.com/technology/mobiles-and-tablets/will-the-surface-go-boldly-where-other-tablets-cannot-20180713-h12n71) gives us: “Why has Microsoft just released a tablet at a time when almost everyone is buying smartphones and almost no one is buying tablets? Sales of tablets such as Apple’s iPad have been in steep decline since 2015, a decline that shows no signs of reversing in the next four or five years, analysts say”, so in that setting another optional failure is introduced. That whilst I saw it coming, just as the short sighted failures that are part what now with giggles is called the ‘most powerful console on the market’ (The Xbox One X), that is the company that is connected to all this.

That part can be found in a few places. In this case I give you the New York Post where (at https://nypost.com/2015/04/15/microsoft-the-big-winner-in-google-antitrust-lawsuit/) we see “While Google CEO Larry Page took his lumps with the suit, Microsoft, very quietly, came out the big winner, sources said. “Microsoft complained a lot,” said a source with direct knowledge of the situation. “Microsoft definitely counselled the [EC], suggesting it made sense to send Google a statement of objections so Google would be forced to produce documents” showing its search-result recipe, another source said”, this was a joke 3 years in the making. I hope that I can turn that joke on these losers as they have diminished consumer trust in their narrow minded way (not to mention short sighted ways).

Even when we turn this in another direction through the Register two month ago (at https://www.theregister.co.uk/2018/05/21/antitrust_google_us_government/), where we see ‘On 20th anniversary of Microsoft antitrust, US Treasury Sec calls for Google monopoly probe‘, I am not arguing how right or wrong it is. I am merely pointing out that Google went in a direction that was long term, whilst all the others went into the short term path that was demanded from their board of directors, who for the most could not read a spreadsheet properly because the bullet points were missing (their optional opposition to the NRA perhaps?). That was the setting and those with vision are dumbfounded and they got hurt through the inadequacy of stupid people.

So the Danish party was already active then. What is an issue is Jeremy Stoppelman, he had vision with Yelp, even as he did not understand certain markets (miscalculated is a better word), he had faith in his product, which I applaud. it worked for a while, yet I see that bad choices (unfortunate choices is a better setting) impacted it all, so even as Yelp failed to meet expectations, if it survives and gets 5G traction, it will be ahead of others a decent amount, it turned down Google who wanted them when the going was good and he would have had a strong place if he had taken that part, but it was his decision and I applaud him for it. Yelp and Turnstyle Analytics would have an optional strong 5G setting if it had kept international operations and grow the data the way they had, it will not be easy now for them, but I digress. With: “Mnuchin’s comments on Google came after a special 60 Minutes episode that focused in part on the company and its effective search monopoly. That segment was notable for the inclusion of two people: EU competition commissioner Margrethe Vestager and Yelp founder Jeremy Stoppelman“, yet all parties have their ‘its effective search monopoly‘, what they are not telling us is that they had a vision that everyone would come with a future need and they got Stanford University to create the algorithm that got patented. All the other players remained dumb to the future. And then we get the one gem I expected: “Also, the EU announced it was launching a probe of Google’s Android operating system to see if its agreements with cellular phone makers was hurting rivals. While Microsoft likely does not care much about search preference, “the investigation throws sand in the gears of Google’s innovation,” the former FTC official said“, so there it is ‘agreements with cellular phone makers was hurting rivals‘, phone makers had options, Apple had its own system and there are NO non-Apple IOS phones. Interesting that this does not make that cut is it? An open system was offered and the alternative Microsoft (rejected because it was not up to the job), Blackberry (is only after the collapse that it became an option to others), we see that Google has an open option, yet they are the boogeymen. So we get two elements, a partially failed entrepreneur (only in part) and a limelight seeking politician. The power of the google Appeal is found in a simple statement: “Her staff ran through over a billion Google searches and found that Google was knowingly manipulating its search algorithms to promote its own products and push competitors far down the ranking“, that evidence must be shown in court and get scrutinised! You see, the timeline for a billion searches can only partially be automated and those results can be used by Google as evidence against Margrethe Vestager as well. The evidence of ‘manipulating its search algorithms‘ will be equally a discussion point putting EVERY intern and assistant of Margrethe Vestager in the witness box, no exception. A setting that I personally see as the EC has close to no chance of winning. Even as I saw the algorithm in my University classes for an assignment, I am decently certain that I did not see the whole 100% of all elements of the algorithm, one element out of place and that is as I (again: personally) see it the crushing of the EC case, the appeal will be won by Google.

The fact that Microsoft was part of this in several ways from 2015 onwards and likely before that is more than enough for me to consider the premise that trusting antitrust is not always a good thing. I do agree that antitrust should exist, yet it should be clear that this is not a handle for the narrow minded, the short sighted, the greedy and the stupid to use because they could not get their shit together. They should reread Chapter 11 of their favourite pornographic work, whether that text comes in 50 shades of mixing several combinations of white and black. A colourless equation in a setting where colour was the only part that the global users demanded, listening to them would have been a first requirement. It is the setting, which gets me to the final image.

An interesting to set the stage, because if Microsoft was a marketing firm, they would be reduced to merely being a spammer, look at the first screen of your Xbox One (X optional) for that part, also all the parts people have to go through in Windows 10 (https://www.windowscentral.com/how-remove-advertising-windows-10), so in the end, the advisors have their own games to play (quite literally at some point). The Independent was kind enough to give us this with: “In the meantime, we probably ought to do our bit to help her by making a little more use of Google’s rivals, such as Microsoft’s Bing, which is a perfectly serviceable search engine“, it is seen at (https://www.independent.co.uk/news/business/comment/google-eu-fine-margrethe-vestager-android-search-microsoft-bing-silicon-valley-mobile-phones-a8453486.html)

Just ‘Bing’ “UK Law firms”, to get a UK law firm and immediately I see 10 law firms (page top view), 50% Australian ones (3 of those advertised), so if Bing cannot give me what I am looking for, why should I even consider them? With the term “Dutch Lawyers” I get 25% fulfilling the search. I can go on for a while, but I think the case of the doubt regarding ‘a perfectly serviceable search engine’ and the case on how it isn’t one has been made. I did not need to go far. Oh, and if you do have a sense of humour, try “Microsoft guilty” (with brackets), to see Bing give you “We didn’t find any results for “Microsoft guilty””, whilst Chrome giving us an immediate 8 results, with the quotes on these links. So when it comes to censoring (or is that just their flawed algorithm), we can soon see that there is an optional setting where Margrethe Vestager could be seen as a tool for Microsoft (as they might have been ‘searching’ for optional solutions), it might not be a fair setting, yet the entirety of the Antitrust case is seen by me in that way. Microsoft and a few others need time to catch up, being stupid merely gets you at the back of the line (which is where all future opportunities are lost), they need time and they are using the EC to try to catch up. My sense of giggling will be found the moment the appeal is won by Google; we are likely to see a tsunami of ‘carefully phrased denials from European political players trying to avoid the limelight’.

Oh, and whilst we are at it, when we see ‘placing them at a competitive disadvantage‘, that in light of Huawei surpassing Apple (source: the Verge). With: “Huawei has surpassed Apple as the world’s second largest smartphone brand. Sales have overtaken Apple for the first time”, Margrethe Vestager will call it ‘proving her point’, yet the truth is that Huawei went for the affordable option, a side Apple has not considered in decades, whilst in addition, the decline of Samsung and the growth of Huawei reinforces that it was about affordability for the longest of times, those losing market shares are their own worst enemy, because the wrong people are setting the price, I added enough evidence of that for the longest of times. This all in a setting where we see that even as Huawei realises that Europe is the key, the others are isolating themselves even more. Soon enough it will no longer be about Google and Android, it will become on non-American mobile players gaining the upper hand  over all the others, I wonder what anti-trust case will be filed at that point.

#PriceDiscriminationAnyone?

 

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July 17, 2018 · 13:11

Pushers of media value

We all heard of the name ‘pusher’, usually it is seen in the drugs community. People who prey on children and weak students with: ‘try this, makes you feel good‘. Knowing that as their customer base increases, he can continue his lifestyle of booze and bitches, because that is his only priority, to feel good and to live like a rock star at the expense of everyone and anyone else. So when I saw ‘Alarm for Netflix as shares plummet on worse-than-expected subscriber growth‘ (at https://www.theguardian.com/media/2018/jul/16/netflix-subscribers-numbers-forecasts-wall-street) and was confronted with both “But it also warned that subscriber growth in the current third quarter would likely be around 5 million, again below analysts’ expectations of 6.3 million“, as well as “spooked investors and suggested the company’s explosive subscriber growth may now be slowing. Netflix shares fell 14% to $346.05 in after-hours trading in New York. For the second quarter, Netflix reported a profit of $384.3m, or 85 cents a share, up from $65.6m, or 15 cents a share, a year earlier“, I wondered what the analyst had to offer that gave rise to the situation.

In a world where we see that the quality of life is down, where we are struggling to merely pay the rent in some places, in that world where we learn that “Netflix has almost reached the 100 million mark for streaming subscribers, thereby more than doubling its subscriber numbers from the start of 2014“, so the numbers are showing us an almost 25% year on year growth, that is pretty amazing in many settings.

In this day and age, getting over 10% growth is pretty well done. We all recognise that 100 million users might not be that much on one side, yet the entire business is set against a facade where there is more to the picture. Still, in this the entire setting a 14% drop seems a little extreme. It is set against what I regard to be the pushers of the world (also known as analysts). I have had issues with these analysts before; they are like the drug pushers of Wall Street. They might not see it in this way, but I do. In this setting when we see “that subscriber growth in the current third quarter would likely be around 5 million, again below analysts’ expectations of 6.3 million“, so explain to me where they got that 6.3 million new subscriber issue? Where is the evidence that expected 15 people from Hoboken New Jersey decided not to become a member? Sickness, getting laid off, hospital cost, daughter getting married, all optional reasons where 15 people decided on not becoming a member, now set that number in EVERY zip code in the United States. We can go on with the thousands of additional cases in the US alone, yet the wisdom of some person telling us that a mathematical model should have produced another 1.3 million uses cannot be vetted is merely the setting of a person giving a speculative result and that speculator is the cause of a 14% drop in value?

Now, we do understand that Netflix has responsibilities and with their expected growth is of course linked to the content they can afford to buy. So when I see “Netflix is expected to invest as much as $12bn on content this year, but could face growing competition in the streaming market. Apple is upping its spending on original content in video, music and publishing to $4.2bn by 2022 from $1bn this year. Amazon is expected to almost double its spending on original content from $4.5bn to $8.3bn“, there are two issues. The first is that if we quadruple the quarter and consider the 1.53 billion in profits (or expected profits) for 2018, how come that this year the acquired spending is $12 billion? We get that content is a long term pay off and all the movies acquired now will fuel the customer base for a long time, yet the fact that the profits merely represent 7.5% of the annual content spend is very unbalanced. It also gives us the additional setting that the 1.3 million additional members would not have made a dent there. The setting is fishy and it does not add up. Now, we can all agree that such services are perhaps a lot more complex, but the value long term is also setting the pace that something does not seem to add up. To see that picture we need to realise that Netflix realised well over $11.5 billion in revenue last year alone, so by giving you this, the $20 billion is not only no longer a stretch, it implies that Netflix still ends with $1.5 billion of pure profits, that is nothing to be sneered at, and in that light the spooking of the shareholders make less and less sense and in this, the entire analyst setting comes to the foreground once more, especially when we also add the one small fact that Netflix has $19 billion in assets. It is even more puzzling when we add the NY Times findings with “The company also saw its net income rise to $130 million, well over last year’s third quarter total of $52 million but short of the $143 million that Wall Street expected“, again the analysts now imploding, or is that setting back the market, whilst the records are still showing enormous growth, we see that dark cloud called Wall Street stating that it should have been better. There is nothing that shows evidence of the numbers that Wall Street holds others accountable to. In a system that is unrealistic, punishing realistic growth is not merely dangerous, it tends to be counterproductive in the end.

An additional part seen in the NY Times is now giving another light. They gave “Netflix already outspends its rivals, including HBO, FX and CBS, while Apple has recently signalled to Hollywood it would spend more than $1 billion on original content“, whilst the Guardian treats us to “Apple is upping its spending on original content in video, music and publishing to $4.2bn by 2022 from $1bn this year. Amazon is expected to almost double its spending on original content from $4.5bn to $8.3bn“, so the other two players are also spending billions in a market that is short of resources creating a bubble and bubbles are never good, so then the question becomes, is Wall Street intentionally creating bubbles to overinflate the mess and then short sell the cycle to make it implode in the future?

The fact that three players will represent close to $4 billion a year, each year is already a signal that the big screen, through internet or big screen itself is still flourishing, as the IP is brought through different ways, the only way will be up. So when we consider Australia who gives us “Netflix Australia starts from $9.99 per month for the entry-level, single-stream standard definition package, all the way up to $17.99 for the deluxe, 4K quality, four-stream package“, we see the simple selling point that a month of maximised streaming is close to a mere cinema ticket. That is the simplest of selling points and when we consider that, when we consider that this is not merely on that level, but that the setting also needs to fit the bandwidth that people sign on for, some will not charge Netflix, some do. That is also an influence. So there is more than one player that impacts the Netflix subscriber, all elements in that equation and some we can predict to some extent, but we remains in a setting where the analysts all claim that predictions were outclassing achievement in a place where growth is pretty sweet, it does not add up and that might just be me.

Yet this is where we get the Washington Post with ‘Netflix’s subscriber growth slows, panicking Wall Street‘, this is where we get to the golden egg, the part that Americans never understood, not in 1994 when some made claims on ‘saturation is a myth’, giving us an example with an elastic band, showing that 20% stretch again and again is possible and not today when we see that especially in Australia where housing prices in the big cities are through the roof, where we see that making a budget work is to cut out all extra excesses. In that setting many people can’t merely afford the $18 a month extra. That is supported with: “Professor Muir said it was important to realise that not all of those who live in poverty were unemployed. “One in three people who are living in poverty actually have wages, so we have challenges not just about how we make sure people have jobs, but we also want people to have stable jobs,” she said“. So we have an Australian setting where 1/3 is in poverty and a chunk of that has an actual income. So at that point, who of those people will have Netflix? Will they be willing to sacrifice two meals just to have Netflix? This is not a setting that is only seen in Australia. In America the UC Davis center for Poverty treats us to the setting of a few important characteristics of the 50% percent of minimum-wage earners with an age that is 25 or higher, 50% has a part time job. They have an average family income of $42,500 per year. At this stage it comes down to 20%-25% that live in poverty, when you consider that in 2016  around 43 million Americans were living in poverty, how much of an influence does that stop others from spending sprees outside of the Christmas season? When you see the hardship of anyone in your street, a person who works, fights and does whatever he can to feed his family, often both working, still not making the bills go away. How long until others start to save for the rainy day? I believe that these people are set to the economy as missing values. They do not matter, but they are still part of the total count. I personally believe that there is intent.

When we look at Wiki for a quick explanation, we get the optional view of an economic bubble with the text: “One possible cause of bubbles is excessive monetary liquidity in the financial system, inducing lax or inappropriate lending standards by the banks, which make markets vulnerable to volatile asset price inflation caused by short-term, leveraged speculation“. Yet what happens when it is not the ‘financial system‘? What happens when a bubble is pushed through analysts on the places like Netflix, creating friction with investors that apparently get spooked when a company still reports an optional 1.5 billion annual profit? So what happens when we see ‘volatile asset price inflation caused by short-term, leveraged speculation‘? Now take the leveraged speculation, asset price inflation (due to Apple and Amazon in the market) and it all suddenly implodes as all the analysts stated that Netflix could have easily gotten a million more subscribers that quarter. I hope that you get the drift now!

I am no Netflix fan (I have nothing against Netflix either). I always preferred to watch the big screen whenever I could afford it. I prefer to buy the season DVD/Blu-ray of a TV series I enjoy, that’s how I roll. Some prefer Netflix and that is fine by me too, whatever loads their canon, I say.

So when we see the Washington Post treating us to “they could validate investors’ fears of a company in slowdown mode for the first time in years. Wall Street has already been watching closely as Disney ramps up its subscription-content efforts and HBO, under incoming owner AT&T, is adopting a new strategy to compete“, we are treated to the setting of Pluto and two other dogs competing for the same bone, it is called market saturation and I have had the impression for the longest of times (around two and a half decades) that Americans either do not comprehend that part of business, or they merely do not care and ignore it. Now, we understand that at such points, the stock value of Netflix slows or even halts, yet to see a 14% drop is equally weird, which leaves me to think that Wall Street and all their analysts are in a bubble creating setting, which I believe has been going on for the longest of times. Do I need to remind you of Moody’s and S&P regarding the 2008 events? In the end they paid a fine, but compared to the damage done, it was miniscule. So when we take a step towards FLETC and the ‘Economic Crimes Investigation and Analysis‘ parts. They seem to be all up in arms for investigators, auditors, analysts and individuals serving as direct law enforcement support personnel who provide a foundation for fraud and financial investigations. Yet, when we look closely, how much effort has been done to investigate the Wall Street Analysts and other analysts who seem to be tweaking the expectations?

So when we look at the FLETC syllabus and see: “Successful completion of the ECIA will enable students to:
(1) identify various investigative techniques that may be used to investigate economic crimes;
(2) identify evidentiary documents that may be used to prove the source and disposition of monies;
(3) demonstrate how computer software may be used to organize, analyze, and present information;
(4) identify various ways that an accounting system may be used to conceal the true nature of fraudulent transactions;
(5) demonstrate how indirect methods may be used to identify illegal income; and
(6) demonstrate how effectively present investigative findings”

Yet as I see it, in all this the global analysts who are spiking the expectations are all considered not a factor and have the privilege of remaining outside of the scope of all this. That also gives us that unless a 2008 version disaster happens; they and their overpaid asses quite literally get to walk away.

So how does that make sense in any universe, especially when we see the damage others faced over a decade?

Which gets us to the last quote in the Post with “Hastings did acknowledge the second quarter has historically been rough for Netflix, noting another under performance in 2016. “We never did find the explanation [for that],” he said“. In this we need to ask, was this merely a real under performance, or was it all based on a flawed algorithm, one that all the analysts using them will happily silence away?

A group of people never scrutinised, whilst a company making a clean billion plus a year is axed by 14%. Some will say it is all logical and that my lack of an economic degree makes it all my ignorance issue. Yet the Margin Call quote “2 and 2 no longer makes 4” gives the indication that it was not math and according to the math involved the 14% cut is optionally wrong, yet the reality of bubbles and the intentional creation of them is set on greed and that is the one thing that Wall Street thrives on and I wonder how closely some of its players are actually watched, more importantly, once proven, will the events actually be acted on, or will they merely receive a $401K fine in the mail?

 

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July 14, 2018 · 13:40

It’s called an alarm clock

This all started with the Guardian, they put an article there that connects directly with the last two articles and that is why I decided to take a look. It also directly connects to me with my Data skills and as such I thought it was a good idea to look at it. So the article ‘You aren’t as anonymous as you think‘ (at https://www.theguardian.com/world/2018/jul/13/anonymous-browsing-data-medical-records-identity-privacy) is not a consideration, it is an absolute truth that goes back to the ages of Windows 3.1. All these users thinking that you cannot be found, and that you are invisible online. That was never a truth. Yes, you can hide, you can deceive people on location, but in the end you leave data behind. So when the article treats me to “Names and other identifying features were removed from the records in an effort to protect individuals’ privacy, but a research team from the University of Melbourne soon discovered that it was simple to re-identify people, and learn about their entire medical history without their consent, by comparing the dataset to other publicly available information, such as reports of celebrities having babies or athletes having surgeries“, I was not at all surprised. If data can be aggregated, to some extent that data can also be reversed. The mere consideration of ‘comparing the dataset to other publicly available information‘ makes it happen. It goes even further when you consider not publicly available data. For example data on those watching a YouTube video, data from supermarkets (loyalty programs) and there are dozens of them. The amount of people who are connected to no less than half a dozen of them is staggering. Now consider the data in places like Facebook and you have a setting to create wires, each wire a person and a system fast enough to extrapolate dozens of wires a second, 85,000 people identified a day. You might think that this is nothing, but this new database is only growing adding more and more public data to it every second. Even if we start now, within a year 31 million people would be identified, categorised and classified. It will grow faster after that, actually the growing of that dataset is only a dozen a second in the first day, it already accelerates soon thereafter and this has been going on for close to a decade at the very least.

The text that follows: “This privacy nightmare is one of many examples of seemingly innocuous, “de-identified” pieces of information being reverse-engineered to expose people’s identities. And it’s only getting worse as people spend more of their lives online, sprinkling digital breadcrumbs that can be traced back to them to violate their privacy in ways they never expected” is true but a little fear mongering in nature. You see, it only matters when you put your life online. I saw this danger and the reality of it well before 2003, so I never allowed for internet banking, EVER!

There were issues with the X.25 protocol for a long time, my bosses then called me crazy, the flaw in the defence computer found in 1981 was ignored, people told me that I had no clue because I was not educated (with two graduates and a master I would oppose that nowadays, but then I could not). So when I saw the presentation recently by Raoul Chiesa (Telecom Security Task Force) I found the pieces that I never had in those days. His quote “We encountered a huge number of breaches on tested infrastructures, usually getting access via the main X.25 link. More than 90% was insecure“, that is the smallest part (here), so today I take my anger out on two Lt’s and a Major then were eager to belittle me and call me dumb whilst removing me from access from a system that I tried to warn them about (I held thus grudge since 1981). At the Dutch Defence Ministry, the payment systems were used to keep track of it all, it was a mere customer support function. It was fun for a month, and then I considered (and tested) the flaw. Even as there was a boss and he had a keyboard with actual keys to unlock certain options (like the keys of a lunchbox), but it was merely a charade. I learned that the system had a flaw. It was possible to get the down and out of every officer in no time, especially if they had loans. There was the flaw, and when I tried to warn someone I was muzzled and send to the basement to clean out the archives (which gave me access to a lot more). So when we see the data setting, there is a lot more going on because if someone figured out the how to get into one system, they can get into a lot more systems.

In this specific case I learned that the system was only for those following the menu rules. Yet when you press ‘SYS REQ‘ you get a blank screen, even as this was not new, knowing that one program gets you into the main screen, the people were able to get into ANY part because security was not monitored to the extent it needed to be (good old IBM), so even as you get into the system, by entering “MDET 2710” I got a new blank screen, but now with the cursor almost in the middle, I have found the loans system. So by entering the registration numbers of soldiers, when there was a loan, there would be numbers and now there is an issue, because when you know there are debts, there are issues and weaknesses. I always suspected that this was how some officers had been gotten to, but I was the idiot and quickly send away.

Now consider the fact that X.25 is still in use, that there is still a use for it (attached document) and now consider that page 19 gives the Australian defence prefixes. Now also consider that prefixes are not that secret. Now switch to page 40, where we see the assessment of Raoul telling us (unverified) that 1% of the top 1000 companies are ‘not penetrable‘, this now gives us that the top 990 companies that still have X.25 links are indeed optional data sifts.

It is that bad!

Getting back to the article we see the setting where we are confronted with “In later work, Sweeney showed that 87% of the population of the United States could be uniquely identified by their date of birth, gender and five-digit zip codes“, depending on the country it can get a lot worse sooner. You see, the Netherlands has a well-designed postcode (very postman friendly) so the 4 letter code gets you to the near location, the two letters that follows can get you to within a 10 house distance; that alone could offer the setting of identification sooner. But the clarity should be there, a zip code and a birthdate is all you need. Now, tell me how often have you filled in some voucher for a great deal and you got a massive discount? Did it include your zip code? Well, the credit card will most likely have sealed the deal uniquely identifying you to an amazing offer and from there you are now the direct target for targeted marketing and other offers. This does not need to be a bad thing, because the more 40% discounts you get, the better your quality of life looks, yet now that it is linked to a bank card or credit card also means that optionally EVRYTHING purchased after that can be linked to you too, now we get a spending pattern, we get products and services you need and want, giving those offering it a setting where they can optimise how much you get to spend (by varying services and costs). This also links to “Yves-Alexandre de Montjoye, a computational privacy researcher, showed how the vast majority of the population can be identified from the behavioural patterns revealed by location data from mobile phones. By analysing a mobile phone database of the approximate locations (based on the nearest cell tower) of 1.5 million people over 15 months (with no other identifying information) it was possible to uniquely identify 95% of the people with just four data points of places and times. About 50% could be identified from just two points“, there we get the next tier, because any additional tier gets the owner more clarity on you as a person and what you aim for (what you desire). Where you are, when you were there and why you went there. Now, a lot of this is still a stretch, because you go to work and you lunch and shop around the office to spare time. Yet that is not a given in the weekend is it and that data set grows and grows.

You might wonder why this matters.

It might not for you, you might not notice but having the needs of 3 million people in London mapped also implies where the good deals are and where true profit can be found. London is perhaps the best evidence as it is so choc-a-block full. So when you are interested in setting up a building anywhere in London is a good place, yet when you know where the spending sprees happen, you can also tell where they are much lower and the latter is the place you do not want to build. It could set the profit margin up by close to 10%, not merely in value, but by starting somewhere and the plots are sold before the building is finished, that is a hell of a lot o margin to play with. The other side is equally happening. Consider that all your activities are known, how much is a health insurer willing to pay for access? Evidence that shows a person to be a 15% larger risk factor, what will his or her premium be like in the end? Consider: ‘Insurers have to tell you why they’ve ended your coverage‘, so we accept that, but what are the chances that we get to hear the truth? They might have told you that you falsely claimed that you were a non-smoker, but is that actually the real reason?

The next quote is a little silly, but it was Apples finest hour, so I cannot deprive you of it: “Even if location data doesn’t reveal an individual’s identity, it can still put groups of people at risk, she explained. A public map released by the fitness app Strava, for example, inadvertently became a national security risk as it revealed the location and movements of people in secretive military bases“. Yes that is one option, it was a certain lack of common cyber sense from the military side of things, but not the worst, when you combine the X.25 issue, sniffers and military locations, it becomes easier to identify logistical targets, yet that is not the issue, it is the data that matters. When you figure out what goes where, you get the setting that data in transit is no longer as secure as we once thought it was, so as data is cloned in transit we lose even more. Oracle stated in one of their papers “Enterprises are concerned about the lack of control on the data in the cloud due to on-going data breaches, lawsuits, government/regulatory agencies involvement, the volume of the data being generated by hundreds of applications and the related components“, it is not merely that, it is the factual setting where data is trusted, and too often to what we might consider is the wrong party.

Wired gave us that with: “Like any industry, there are many newcomers that give the reputable cloud solution providers a bad name. These companies are poorly financed, staffed, and resourced. They are traditionally an IT solution provider who has installed some server in a data center and called it a cloud. They are not security experts, and have poor security measures in place“, that is part of the problem, we cannot tell one apart from the other and they are all on LinkedIn trying to grow their business. A valid step to take, but how can we differentiate the wheat from the chaff? That is the first issue already and we haven’t even started to keep data safe. You think that people would employ common cyber sense in keeping safe, but no, the bosses tend to go for the good deals, the ones that are on special and when they get one they let you sort it out after data was transferred, that is the cold reality of corporations.

And when it is set up, there is always one employee stupid enough to think that some mails were specifically for them and when they look at the present it is a mere cool meme, after which they have given access to the outsider, including their cloud account. That is the cold light of day in this. So the alarm clock is not there to wake you up, but to tell you that you have been asleep and things are already moving from bad to worse.

And it is not over; the large companies are still at it. Consider the headline ‘Apple Rebuilding Maps App, Hopes to Outperform Google‘, you would think that they would give up and merely use Google Maps, but the reality is that the data coming from 800 million iPhone users is just too much not to get. The business intelligence value alone goes deep into the billions and there we see it, we will connect to one or the other, but we will connect and let others collect data on activities and events, completing the picture of every unique user that is online. The fact is that if it all was secure it would not be a big thing, but there are two flaws in that thinking. The first is that free services are never free, Apple is not wasting a billion dollars on a solution that is merely a free service, for every million invested, they expect between 3 and 4 million in return. The second flaw is that whilst you think that apps are secure, they are not. Let’s be fair, most merely want to write a cool app that has fans and makes them some coins, 99% of these developers are all like that and that is a good thing, but when the system is flawed, issues happen and we are caught in the middle, whilst all our details go everywhere. Some do it intentionally through Facebook, some do it without knowing what they are doing, they are introduced to the impact down the line.

That is how it crumbles and the people need to become Data Aware and have a better Common Cyber Sense more and more, because the response ‘It was just on my own computer‘ no longer holds any water when it comes to defending your online actions.

In opposition

There is one part in the article that I do not agree with. It is the part: ““One of the failings of privacy law is it pushes too much responsibility on to the consumer in an environment where they are not well-equipped to understand the risks,” said Johnston. “Much more legal responsibility should be pushed on to the custodians [of data, such as governments, researchers and companies].”” I only agree in part, the fact that data is collected needs to be revealed from the start and it is ‘opt in’ only! That means that if the customer disagrees, no data is to be collected ever. Yet many will not like it because the unwary user is the treasure trove they all want. I do not believe that we can allow for the ‘not well-equipped to understand the risks‘, like a car, a plane and a shotgun, usage can be socially fatal and have long lasting considerations.

If you did not want to learn, then do not use it. Additional responsibility is to be placed on the custodians regardless, but leaving the consumer in the country of ‘no man’s land’, in the city of ‘never accountable’ is also no longer acceptable form my point of view. The ‘figuring it out‘ time has gone. The impact is too large to remain on that route and there is enough evidence to show it.

My last ‘disagreement’ is with the end quote: “Privacy is not dead. We need it and we’re going to get there”, it is optimistic and I love it, but it is not very realistic.

In the online world: “Privacy is optionally public domain. Getting somewhere eager is to become a member of the public domain charter and that population already surpassed a billion and still growing every minute“.

 

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July 13, 2018 · 12:08

Iterative diversity never goes anywhere

Facebook has been on the minds of many people, so merely on how to procrastinate (a student thing), some on the value of the company and some are investigating on how data issues were reported. CNet reported merely a few hours ago ‘SEC asking if Facebook properly warned investors of data issue‘ (at https://www.cnet.com/news/sec-investigating-if-facebook-gave-investors-enough-warning-about-data-issue-wsj-says/), the origin is the Wall Street Journal. My issue is at the top when we consider the quote “The agency is looking into how much Facebook knew about Cambridge Analytica’s misuse of data, says a report in The Wall Street Journal“, do you think that any evidence is still there to be found? Even if the brightest minds unite to finding anything, by the time all the proper access is granted, the decisionmakers will be facing a new government resetting priorities.

Now, I get it. That is the job of the SEC. With “The SEC has requested information from Facebook to learn how much the social-networking company knew about Cambridge Analytica’s data use, according to the Journal. In addition, the SEC reportedly wants to learn how Facebook analyzed its risk as developers shared data with others against Facebook’s policies“, we see that the SEC is merely doing its job and even if we believe the meida and some of the revelations that passed our screens, the SEC has a clear directive, merely set in factual evidence. Yet the can of goods is seen with “The SEC is also looking into whether the company should’ve told shareholders about Cambridge Analytica’s policy violation when Facebook found out about it, in 2015“, it is not the game, but it is a setting of the stage. In my view there is doubt that this was properly done. The issue is not whether it happened, it is the setting that we must speculate on what would have happened next, and that whilst there is no evidence that something was done. Not the acts of Cambridge Analytica their part is a foregone conclusion. The issue is as long as there is no evidence showing that the data was sold on to other parties. The value of the company would not have been impacted, which would have negatively impacted shareholders. That is the game the SEC is set with that is their duty and they are doing that just fine.

The question becomes on what stage is speculation of something that might have happened set in actionable consideration two years after the fact, that is the setting and that will be a dry bone as far as I can tell. Still the SEC has a duty to perform and they are doing that. Even as Endgadget goes with “the agency might disagree with Facebook’s perspective and find the company at fault for not properly informing shareholders“, the setting is not a given. You see, the impact of value was after the revelation and after the shareholders were spooked by the fear mongering media. As long as there is no evidence that a third party has all the raw data, the value impact is close to nil. The only impact that the SEC should be allowed to consider is the negative impact of value, if proven that data left control of Facebook and only when that evidence is proven to have impacted Facebook before Jan 2018, only at that point is there an optional issue and there is a second tier in all this. If any shareholder is in both companies, it becomes a little murky, because at that point the shareholders themselves will be up for investigation. Whether this is true cannot be said because the first part for the SEC is proving that the second player actually has the raw Facebook data, in all this aggregated data lacks value and interactions on aggregates data is just too shallow for consideration.

And this is just one of the settings. The second and main setting is the Diversity report that Facebook has presented. The Verge is all about the focus on ‘Change is coming slowly, if it comes at all‘, which is a given in most companies (Apple and Google are optionally the exception). The setting is however no longer just about optional diversity, it is about bankable value and the national patent value that these places have in that setting diversity be damned and Endgadget knows this the fact that they took a page to focus on ‘diversity’ whilst there are much larger fish swimming in the Facebook pond is to some a total mystery. The IP Watchdog gives us another side and a side that in this day and age are actually really important. There we see (as a small grasp):

  • U.S. Patent No. 8732802, titled: ‘Receiving Information About a User From a Third Party Application Based on Action Types’. Issued to Facebook in May 2014.
  • U.S. Patent No. 8938411, titled: ‘Inferring User Family Connections From Social Interactions’. Issued to Facebook in January 2015.
  • U.S. Patent No. 9740752, titled: ‘Determining User Personality Characteristics From Social Networking System Communications and Characteristics’. Issued to Facebook August 2017.
  • U.S. Patent No. 9798382, titled: ‘Systems and Methods of Eye Tracking Data Analysis’. Issued to Facebook October 2017.
  • U.S. Patent No. 9923981, titled: ‘Capturing Structured Data About Previous Events From Users of a Social Networking System’. Issued to Facebook March 2018.

These are only 5 out of a large basket of patents and the issue is not about diversity of staff, it is about the diversity of the population. The setting does not change that much, because changes might be small, but consider that in this case we have an additional 1 TB a day that can now be used very effectively. So even as the Verge reminds us with “Rep. G.K. Butterfield (D-NC) took some time out of a congressional hearing in the wake of the Cambridge Analytica scandal to grill CEO Mark Zuckerberg about increasing diversity at the company, something that Zuckerberg said that Facebook was “focused on.”“, we can take diversity as stated with ‘increasing diversity at the company‘ as either staff diversity or data diversity, I guess that I am going with number two on that one. You see, even as I tipped on ‘diversity’ we all recollect places like Forbes and the Financial Times on how it leads to better profits. It is the reason it reflects on the shareholders on how that notion gives them an on the spot hard on, male and female shareholders alike. Yet, the much larger revenue boost is seen when we combine the setting of the patents, the data that Facebook has and now we get to yesterday’s story, In yesterday’s article (at https://lawlordtobe.com/2018/07/12/seeking-security-whilst-growing-anarchy/), I left a few screws fall all over the place. With ‘Seeking security whilst growing anarchy‘, I gave a title that could be read in more than one way. The part I just skipped yesterday (as the story would have been too large) was seen with “So now we get the setting of ‘who is exactly waging war on who’, or is that whom?“, as well as “the defense ‘laws governing wars were devised with conflicts between states in mind‘ can no longer be upheld“. These were true settings, yet the setting of the data was partially set in “how many flags were raised by that one person, yet now not on 5 tests, but on dozens of tests, against people, places, actions and locations at specific times“, there we see the issue, but there is a complication, the bulk of the people actively sought all use burner phones, they tend to be nervous and do not call, yet they are closely grouped together and that is a first setting. Now consider that for the most burner phones are useless, now consider these people taking hours to keep busy and some will go for the silliest diversion. A diversion like a simple Candy Crush, now take another look at the 5 patents, consider that the burner phone is useless for intelligence, but now reconsider that value when these patents are used, not merely for tracking needs, but reconsider the ‘Eye Tracking Data Analysis‘ add the camera to take a silent image of the iris, it is almost as good as a fingerprint. Now add ‘Structured Data About Previous Events From Users‘. Two of the five added to the billions of users on Facebook and now we have a system that does a lot more, it is the 32% that Palantir inc. does not have, the patents that Facebook has allows not merely for a diversity growth factor, it will be one of the few times that any company had two massive niches in data, when Combined it allows the US to have a grasp of a system that allows near real time tracking of anyone they seek, this system can void well over 80% of the false flags making the data system well over 10 times as efficient than ever before. So yes, we can argue the truth of “Not to worry, says Facebook VP Allen Lo, head of intellectual property. “Most of the technology outlined in these patents has not been included in any of our products, and never will be,” he told the Times in an email” as a master of IP I do know the length that Facebook has been through with patents and he is telling the truth, the product of Facebook is Facebook, that system will not go there, but will be in all kinds of different technical solutions that allows for new methods of data gathering. Even as it is a burner phone, when they take it for a mere leap into betting solutions and gaming procrastination, they will hit some top 10 app of the month and that is when one element of data is connected to the ones that matter for those seeking these really welcome people for personal one on one interviews. And there we see the link between places like Palantir and Zuckerberg (not Facebook). Sen. Maria Cantwell was asking around the edges for a reason, the April interview had another reason, one that I was never aware off (or considered). It seems that she heard water cooler chats on settings of Palantir, this was about a larger issue and the Patents had clearly indicated options for Facebook, it was not about the setting (as she put it) ‘the talent and the will to solve this problem‘ it is given that Palantir knows that Facebook Inc. can become a contender and with the data that could be available, we see a setting where Palantir would be going up against a new player having 500% of the data that the Palantir customer has and more important, Facebook has the patents to partially solve the burner phone issues much better then Palantir ever had the option for and that is a real new path in this field. So as I personally read it, Sen. Maria Cantwell was asking whether Mark Zuckerberg was ready to become a player in this field.

So yes, even as we see that some steps are small (like diversity and torts law), Facebook has an optional setting to take a leap forward, not by a mere length, but by an entire class of data options, which is new and that is where those investigating Cambridge Analytica never looked at, or so we were meant to believe, Sen. Maria Cantwell might be the first through orders or insight to do just that.

That setting is now still under debate, not because of the tech, but because of a case of OIL STATES ENERGY SERVICES, LLC v. GREENE’S ENERGY GROUP, LLC, ET AL. No. 16–712 (decided April 24th, 2018), this case changes the game all over, because until overruled by the US Congress, we now have a setting where we see that the possibility that patents are no longer property rights is close to an absolute. Patents are not property rights and will not be property rights until Congress overrules the case, so in this the entire patents side is now a new setting that it is set as a government franchise, so in all this Facebook has the one play to set themselves apart from the rest of the data players, and some might state that the setting of the decision of the Supreme Court was a forgone conclusion close to two weeks earlier, so Sen. Maria Cantwell was either on the ball or asked the perfect questions two weeks in advance, I wonder who ended up with a boatload of speculated wealth, because someone definitely got rich in that process (happy speculation with a smile from the writer).

In all this it was not merely the setting of diversity and how to see it, but the fact that a place like Facebook might think iterative within its Facebook app, it has options and therefor opportunities in a much larger field than merely the Facebook app. So if Palantir is not worried on what comes next, they are more asleep at the wheel than you imagine; a small spoiler alert here: the people at Palantir are a lot of things, they have never ever been asleep so they know what is coming and as the path of Facebook is allegedly on now is regarded as government Franchise terrain, we need to wonder where this goes next as they are still all about finding those illusive extremists, all depending on burner smart phones.

I wonder when the rest realises what the patent holders have been able to achieve in mobile communications, now consider 350% of speed increase and 700% of data markers with the release of 5G, now revaluate the Patents that the Facebook corporation has and consider how much larger they could optionally become by 2021. Now reconsider the Forbes list of ‘The World’s Most Valuable Brands‘ and consider its position in 2021. I doubt that it will be #1 at that time, but it will be equal if not bigger then Google by then taking its #2 position away from them, and leaving Microsoft a distant #4. Although Microsoft is doing plenty to diminish its value all by themselves, they do not need to rely on Google and Facebook to reduce their position for them.

Iterative act never go anywhere, it is the setting of new stages where true fortunes are gathered.

Happy Friday 13th everyone! (Please don’t meet a guy named Jason today)

 

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July 12, 2018 · 12:21

Seeking security whilst growing anarchy

We all want national security; it does not matter whether you are American, Australian, British, Dutch, French, German or Swedish. National security is a matter that is not just set in laws; it is set in morality, in justice and in perception. Most of us are set in a stage where we are willing to give out many perks so that national security can be maintained. Many liberals grasp back at Benjamin Franklin who once said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety“, I would have agreed when he allegedly wrote it in 1755. In those days the biggest fear they had was England, the Dutch trade wars (the VOC) and apparently the French to the north. It was a very different age, in a setting where a naval was not done in minutes, but hours, battle settings took a while and there was clarity on who the enemy actually was (usually the one speaking your language and not firing on you, wearing the same uniform was also a nice indicator).

In this day and age it is not given, nowadays all the wolves have onesies looking like Shaun the sheep and often we cannot tell them apart. This is the setting where oversight, surveillance, data gathering and analyses can help, in equal setting there are a few players that still cannot get their algorithms correct and they are making the same mistake that I caught a few players on in the late 80’s.

There is however a new setting, a line that has been crossed and the Washington Post gives us that setting (at https://www.washingtonpost.com/world/national-security/there-have-to-be-limits-lawyers-for-guantanamo-inmates-challenge-lifetime-imprisonment-without-charge/2018/07/11/f3933faa-8533-11e8-9e80-403a221946a7_story.html). the title ‘‘There have to be limits’: Lawyers for Guantanamo inmates challenge lifetime imprisonment without charge‘ gives us that part and it is one that cannot be ignored, with ‘lifetime imprisonment without charge‘, we see not the first step, but an early setting that the law is changing into ‘Guilty until proven innocent‘ and I am not sure if that is merely a wrongful step, or a desire step for large corporations to give the setting a new life in other directions as well. There can be a setting where it is easier for the courts to work on that level. You see, when a corporation has failed their SLA’s, there will not be the documentation where they can prove it, yet when we see the application to ‘lifetime imprisonment without charge‘ the setting is very much inverted from what we find acceptable. We see the Post giving us “A handful of commission cases have inched along in pre-trial proceedings for years, many of them plagued by irregularities” and it is the ‘irregularities’ where we need to seek first, you see an abused system will rely on irregularities to remain in the shadows and active, whilst it almost never has bearing on National security and it will have even less a bearing on justice or lawful settings. The question becomes where it failed. There is a second side to the Post when we realise that the quote “Justice Department lawyer Ronald Wiltsie said authorities had a responsibility to detain suspects who could pose a future threat, even if it wasn’t clear they would actually take any action against the United States” is incomplete. The fact that we are faced with ‘it wasn’t clear they would actually take any intentional action against the United States‘. You see it comes with the setting that there is no proof that they had actually taken any action against the US, if so there would be a charge and that failure falls not merely on the FBI, it falls on the CIA, the NSA (data gathering agency) and most of all the investigator looking into the matter. We can illustrate this with the weirdest of examples.

In a spreadsheet we can use a random number, so we create 5 groups, each in one column, and each having 100 random observations. Now we will test for them stating that “IF(A2<0.2,1,0)“, I am setting the stage where 80% was guilty (so basically 20% was innocent). If the number is smaller then 0.2, they are presumed innocent. We do this for the 5 groups. Then we count the groups, in the initial test no one was innocent overall, but 3 were innocent on 3 counts and 20 were innocent on two counts. Now remember, this is merely 100 ‘persons’ tested on 5 elements. When we change the setting to “IF(A2<0.25,1,0)” (a joke on the premise that 3 out of 4 all people are guilty of something) we get a different setting. Now we see that two were innocent on 4 counts, yet 10 are innocent on 3 counts and 23 are innocent on 2 counts. Intelligence software works on facts not on random numbers, but the principle is partially the same, how many flags were raised by that one person, yet now not on 5 tests, but on dozens of tests, against people, places, actions and locations at specific times and as we consider that thousands are tested, in the random setting when the number of people are large enough we will get respectfully get a group that was innocent (less than 0.2 or 0.25) on all counts, that is the impact of random.

Yet on the flags raised in real live, we either have them guilty of something, which means that there can be a trial and a charge can be made, when you see the examples next to one another and we realise that the group of all people where no flags is raised did not occur (it will with a larger test group), we need to consider the flaws we are faced with and more importantly, the setting that we open ourselves to in legislation and in law when we allow for ‘lifetime imprisonment without charge‘. So in this setting, no matter how much we want actual national security Missy Ryan makes an interesting case. We get to see the larger issue when we look at Baher Azmy, legal director for the Center for Constitutional Rights, a group representing some of the detainees. With “Baher said the government had distorted a 2001 law authorizing U.S. military operations against al-Qaeda and affiliated forces by using it as a basis for indefinite imprisonment. He said insurgent wars, waged against small, clandestine and evolving bands of militants, could go on forever. But laws governing wars were devised with conflicts between states in mind, he said“, we are treated to the setting that we face in the upcoming decades. We are not waging was on nations, we are waging war on groups and tools. As Hezbollah is still the tool of Iran, the setting of a larger problem becomes apparent. In the first source (at https://www.terrorism-info.org.il/en/hezbollah-iran-handled-shiite-militias-integrated-syrian-army-campaign-take-control-south-syria/) we see “Shi’ite forces, handled by Iran, are being integrated into the campaign currently waged by the Syrian army in south Syria. There are at least two Iraqi-Shi’ite forces (the Dhu al-Fiqar Brigade and the Abu F–al-Abbas Brigade). There are also Afghan Shi’ite fighters in the Fatemiyoun Brigade. In addition, it was reported that Hezbollah operatives also participate in the fighting, including operatives from its elite al-Radwan unit, who were sent from Lebanon“, yet when we see “According to ITIC information, Hezbollah and the Shi’ite militias (some or all) have been integrated into the various Syrian army units and do not operate as independent forces. Pictures show Shi’ite militiamen wearing Syrian army uniforms, and it is difficult to distinguish them from Syrian soldiers“, we get the danger with ‘Pictures show Shi’ite militiamen wearing Syrian army uniforms‘. So now we get the setting of ‘who is exactly waging war on who’, or is that whom?

Not being able to identify the setting gives rise that Baher Azmy has a larger issue to deal with, because any denial from the Syrian army that these people were army units, and they get identified as militia who dressed ‘wrongly’, sets the stage that the defence ‘laws governing wars were devised with conflicts between states in mind‘ can no longer be upheld and that escalates the need for a much larger Guantanamo and indeed it continues and even fortifies the setting of ‘guilty until proven innocent‘.

the second source is a week old and gives us ““Hezbollah is a fundamental participant in planning and directing this battle,” a commander in the regional alliance that backs Damascus told Reuters. “Everyone knows this – the Israeli enemy, friends, and even the Russians.”“, it is given to us by Reuters (at https://www.reuters.com/article/us-mideast-crisis-syria-iran/hezbollah-role-in-syrian-south-exposes-limits-of-us-policy-idUSKBN1JV19U), so as the enemy changes its onesie (yup that was funny) we see a whole league of Shaun the sheep and we have no idea how to deal with them in life (the other alternative is solved through hiring people with the actual ability to aim).

Now change that setting away from the current ‘debacles’ in Yemen and Syria and consider the impact when we look at the Indian view of Pakistan (at http://www.dnaindia.com/analysis/column-terrorism-is-pak-s-business-2627746), it is not a hollow part, and there have been accusations from India and Afghanistan for the longest of times. In this setting we are given the quote: “India and Pakistan are not caught in some existential Punjabiyat love-hate relationship. Pakistan is a state sponsor of terrorism. No other nation has used terror so ruthlessly as an instrument of state policy as Pakistan has done for decades — principally against India but also against Afghanistan” is only the beginning. There are other headlines, even as they should be seen as no more than to illustrate that the issue exist, we cannot tell to what extent. So when we consider “The Islamic State’s flag emerges in Pakistan’s capital. How serious is the threat?” Is there a threat or is it merely a freedom of expression? So when we see the second headline ‘The terrorist group is increasingly present in Pakistan’s southern province‘, we are confronted with how to proceed, yet Reuters gives us 3 months ago “Islamic State claims attack on Christian family in Pakistan“, we see that the game changes. If state sponsored terrorism is the new ‘Letter of marque and reprisal‘, how can we proceed? Is there an actual option other than guilty until proven innocent?

What is clear is that the data crunchers will have their hands full because none of these algorithms and data gathering systems are ready for this leap. And it is not a small setting as Pakistan is a nuclear power who for the most is happy to push the button on India if need be, so the game is not merely changing, the players (Hamas, Hezbollah, Islamic State et al) are aware that hiding under the roof of any government gives them options and they accept being the tool for those governments, yet the systems and our mandates are less equipped to act. Yemen has so far been an excellent example on how to not act and it will escalate beyond this. Now consider that I do agree that ‘lifetime imprisonment without charge‘ is wrong, but what options do we have? Until 2016 I believe that the data and the evidence was the weak link. Now we are in a situation where we need to wage war on three fronts, an overt one, a covert one, and a data intelligence war and we need to find a way to intertwine them and use them to find the right checks and balances. We need to evolve what we can do so that we can determine how to do things correctly, or perhaps better stated efficiently to the right opponent.

You might think that this is ludicrous, yet have you considered the actions in Yemen? They were firing missiles into Saudi Arabia, on civilian targets, yet the only thing we see is messages like ‘Yemeni security officials claimed that cluster bombs were dropped in a civilian area of the Western suburbs of the Yemeni capital Sanaa‘, whilst we see ‘after Houthi rebels fired a missile at Riyadh‘ any justification reduced to an 8 word response. The media at large does not give us: ‘Houthi rebels fired a missile on Riyadh, the Saudi Capital with over 5 million people, the fired missile could have caused the death of hundreds of people if struck correctly, Saudi Arabia reacted in the attack against its citizens‘, we do not get that do we? Yet that is the game that is the danger some face. In light of the missiles getting fired under the noses of Yemeni security officials, they need to realise that not stopping the missiles does have repercussions and innocent people will always be caught in the middle.

The change of conflict is large and it will be growing over the next decade. I am on the side of Missy Ryan in this, lifetime imprisonment without charge must be challenged and everyone needs to know about the setting we have here, but when it comes to the defence of that setting, I wonder if we have any actual option to oppose it, those who are send to that place are willing to (allegedly) support people who hide in other uniforms knowingly firing methods of termination on civilians merely because they can and because it makes them continue the fight that they believe is just for much longer. It is a dangerous setting that strips the veneer of civilisation in nearly all nations, look at France and Germany, they went through this several times. We need to set a different stage and we need to do this before we set a legal lawful setting of targeted killing and the wrong people are shot, because that will be the point of no return for all of us.

You see ‘Guilty until proven innocent‘ (forced or not) is merely a first step, when that setting is entered in stone we get the second danger, when cyber-attacks removes the option to prove innocence, what do you think happens next? It is what I personally believe to be the setting stage for chaos leading to anarchy and there the game changes again, because most governments have cut on so many parts in infrastructure that most cannot overcome anarchy for a much longer time forcing the hands of many governments, especially in Europe and I feel certain that some of the players behind the screens realise that too and they might just be banking on it.

 

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