Category Archives: Science

January 4, 2018 · 17:49

Squeezing the Apple juice

We know that Apple has been playing games in the past, I myself lost close to $5,000 due to their little games, yet I also have had great joy with their devices, so when I read ‘Apple faces lawsuits over its intentional slowing of older iPhones‘, (at https://www.theguardian.com/technology/2017/dec/22/apple-lawsuits-intentional-slowing-older-iphones), I decided to remain a little cautious. One of the claims in the class action regarding the batteries was countered by Apple with: “Apple has admitted to slowing down the iPhone 6, 6S, 7 and SE when their batteries are either old, cold or have a low charge to prevent abrupt shutdowns“, this is odd as the Apple 7 is less than 15 months old (about the same time I got screwed with my Apple). What is a real danger is linked to the claim “Apple purposefully and knowingly released operating system software updates to iPhone 5, iPhone 6 and certain iPhone 7 phones that slowed the performance speeds of the central processing units (‘CPUs’) of these devices“, if proven could result in a massive fine and even could opt for the dropping of the price of the iPhone X by a lot (30%-60%), which would give the first wave owners additional reason to be angry too. One of the plaintiffs gave: “Instead, Apple appears to have obscured and concealed why older phones were slowing down.” which would be part of the issue and not the smallest part of it.

And Apple is not done, in the last few days, the media have been drowning us with all kinds of Apple news. Some come with the upcoming optional acquisition of Netflix, some come with the fact that the prices of Apple batteries have been slashed to a mere $29 dollars, Apple developer program fee waiver and even Fortune with ‘Why the Next iPhone X Could Be Apple’s Biggest Smartphone Ever‘ is taking part in all this. With “KGI Securities analyst Ming-Chi Kuo said that he believes Apple will offer an updated iPhone X this year to complement a larger, 6.5-inch iPhone X Plus model” we see a new twist. The people who spent $1829 on the ‘old’ model merely a week ago will see their model outdated whilst it is still in the warranty phase, that is if they didn’t spent the additional $299 for the Apple Care option. So as we see these waves we might lose side of the Business Insider who is giving us: “Apple’s battery controversy could cost the company over $10 billion in lost iPhone sales“, (at https://www.businessinsider.com.au/apple-battery-controversy-10-billion-lost-iphone-sales-2018-1).

Barclays gives us four main reason, but the one that matters is awareness, Apple had been left in the shadows for the longest of times and now that the actions of Apple are out, the people are taking more notice, the fact that the old X is now getting the shadow of the new X is equally an issue as sales could plummet. Who wants the old model now, when they could feel inferior as the Greek summer arrives and a larger screen edition, all for taking the bikini selfies on 6.5″ would be preferred by man and woman alike?

Yet in all this, the act of the accused battery drain scenario is now falling in the backdrop. Even Forbes who gives us “reducing the $79 charge for battery replacement services to $29 for 11 months “for anyone with an iPhone 6 or later” does not seem to give too much addition to all those iPhones that were working fine recently and now that the patch is there, the 5 year old iPhone 5, immaculate or not is to be regarded as obsolete. So much for the tribute to Steve Jobs that Tim Cook gave in September 2017. With “Steve’s spirit and timeless philosophy on life will always be the DNA of Apple“, which pretty much went out of the window through the use of a battery and an alleged software patch. Even as Vox gave us ‘Apple admitted it’s slowing down certain iPhones‘, yet how will this play in the class action? I am betting that their legal defence will rely on the words ‘miscommunication‘ and a ‘failure at the QA level‘, which does not make Apple innocent, it merely makes it look less guilty and whilst we now see all the massive waves of news (the Netflix rumour, which I got from a Citi source is the biggest limelight push) will aid in getting the water nice and muddy until the people care a little less on their bad investment of $1800+. The Vox article (at https://www.vox.com/2017/12/22/16807056/apple-slow-iphone-batteries) also has the Apple ‘party line’, which is: “Lithium-ion batteries become less capable of supplying peak current demands when in cold conditions, have a low battery charge or as they age over time, which can result in the device unexpectedly shutting down to protect its electronic components“, which is in my book a way of stating that the battery is the lemon not worth the Squeeze. Apple basically needed the Samsung Note 7 battery, but dreaded the inflammation of flames in the iPhone, we saw how that pounced Samsung, so as we see that their battery was not the solution (according to the software) we see the dangers that down the track your mobility and connectivity is set to a $29 battery and its 330 day lifeline. So is the larger screen about a larger screen, or will it be because the larger new iPhone X will be about the essentially desperately needed larger merely to keep the iPhone X switched on?

the most important part is seen in the statement by John Poole, founder of Primate Labs and Geekbench developer. with “Once the phone is shut down, the battery is in a state where the only way to get the phone back online is to plug it into a charger. If you’re out with your phone on the go, that’s clearly not a great situation to be in” we see that the negative evolution of iPhone from mobile smart phone to merely a phone and not a very smart one is at hand and for those on route, they get to live like the executives of 1975, on the road without a phone to appraise their customers of the delay that they are facing.

They could take a break and eat an apple, to keep the doctor and his/her ulcer medication away, but that would be the mean thought to have.

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December 30, 2017 · 13:13

Vestal Virgins of Health

We tend to get nervous whenever Richard Branson gets mentioned. I am not sure why. You see (at https://www.theguardian.com/society/2017/dec/29/richard-branson-virgin-scoops-1bn-pounds-of-nhs-contracts), we see two parts. The first is “Richard Branson’s Virgin Care won a record £1bn of NHS contracts last year, as £3.1bn of health services were privatised“, the second is “Its growing role has prompted particular anger among anti-privatisation groups. It pays no tax in the UK and its ultimate parent company, Virgin Group Holdings Ltd, is based in the British Virgin Islands, a tax haven“, my two issues here are ‘So what?‘ and ‘What did you expect would happen?‘ You see, the solution I had in mind is still not in the roll out and as such Richard has a few issues to deal with soon enough, but the larger extent is not the solution to get it on the rails, it is that both sides of the political isle have been sitting on their hands for over two years and the previous labour administration wasted 11 billion with no results to show. I have shown over half a dozen times in the last year alone that actions were needed and Richard saw options to fulfil the need, so as we read: “Privateers continue to win huge new NHS contracts“, we need to realise that the NHS can no longer make it happen and that the health care costs in the UK will go up, all largely due to politicians not seeing eye to eye on the solutions needed.

So when we now look at the need for the people we see that not only is the interpretation of the mess wrong, the issues that we saw last February (at https://www.theguardian.com/commentisfree/2017/feb/28/labour-nhs-jeremy-corbyn-hospital-theresa-may) is still not improving. With “Labour’s failure to counter the right’s message has left more people blaming the NHS crisis on migrants and patients’ bad lifestyles than Tory underfunding or rising numbers of older people“, this too requires scrutiny, because the coffers are empty, all sides in the UK were impacted, so that includes the NHS. In addition, when we see “Whoever follows Corbyn will now find it ferociously hard to regain that lost NHS ground” we see that the message got lost in many ways, because it is about owning the issue and resolving it, not to win lost NHS grounds, because that is merely a conversation on things that are nice to have and the patients will still die as the ‘conversation‘ continues. It is largely too late for conversations, it is time for actual solutions. I am not of mind whether Virgin Care UK is the right step or not, but it is an ACTUAL step being made, which is every time better than merely talking to the press on how hard things are. The people in the UK have had a few years of that with no resolution into any real solution. So as the papers go on regarding the death of a bullied girl and eating disorder services, we seem to forget that the two extreme (yet not ignorable issues) are not the centre piece, it is brought as the outliers in the game that is actually larger and has a few other problems that are digging itself to the surface. So as we see the blame of neglect, we forget to ask the question in regard to “Becky Romero, 15, was let down by ‘gross NHS failures’ an inquest heard“, yet where were the parents? Where were HIS/HER responsibilities? And when we see “The troubled school girl was victim to more than a decade of bullying before her death earlier this year“, what EXACTLY did the school do in the end? It is not a secret that the service is massively underfunded, it is not an excuse, it does not clear the NHS of any blame, but it seems to me that the school had already massively failed this student, and where are they in the dock? Where are the parents in all this?

It seems to me that there is plenty of blame to go around and the NHS has been given the black card for a few times too many. If anything, we could state that Parliament itself might be seen as the guilty party as they had no funds available. The buck gets passed around and around and there has been way too much of that.

In my view it is time that the parents themselves are getting the responsibility to some degree. Now, this is not fair and there should be a better way, but should child care and child wellbeing not be with the parent? I know that there are exceptions, but it seems to me that there have been too many exceptions in too many places and ways and the NHS is no longer able to meet the challenges it faces. Changes will be needed in the immediate and even to the longer extent for now.

So is Virgin Care the solution?

As I stated before, there is no way to tell, but it is an active step in resolving issues, which is better than looking at it and whining about shortages to the media whilst no actual actions are taken, except for planning stages that cost thousands of pounds and merely result in a report. You see, it was only 2 weeks ago that we saw “One CCG – NHS Surrey Downs – accidentally disclosed in its October public finance papers that its liability over the case was £328,000“, in my view it was not an accident, or the mere fact that it might have been shows not merely a flaw, but a larger lack of competence in this regard. Like any firm it went to court after the firm was confronted with “a “serious flaws” in the way the contract was awarded“, yet the petition was all about Branson being rich and not bout the NHS chapters screwing up AGAIN, whilst also dragging its feet regarding confidential issues. So as we get misinformed on 2 million versus the Branson estimated wealth of 3.5 billion, whilst in the same setting forgets that the NHS bungled issues for a decade and as such they can no longer get things done and private options are all that remains, that is a business decision and as such, business decisions are a game that come with rules and regulations.

In all this there is a side that people seem to ignore. You see, if Virgin Care UK gets even as little as 10% of their contracts done, with passing grades, we see that a for profit organisation has been able to do what the NHS no longer could, showing that a harsh overhaul had been overdue for well over a decade. I showed part of that earlier this year in both ‘Choosing an inability‘ (at https://lawlordtobe.com/2017/02/09/choosing-an-inability/) and ‘Healthy or Smart?‘ (at https://lawlordtobe.com/2017/02/10/healthy-or-smart/), two moments where we see the usage of funds that are debatable. Now, whether it should have been done is not the question, what is shown is that the NHS is so short of cash whilst the privatised versions are optionally now making a profit. Considering that Richard Branson is in it for the cash (to some extent), showing that it can be done is merely meat for the grinder showing that the NHS has a few more logistical flaws than any of us are realising. As such there is a clear chance that we need to ask a multitude of serious questions at the address of the NHS and not at the setting of Branson incorporated, that is the evidence we might be harshly confronted with at the end of 2018.

The fact that the people at large are starting to realise that harsher acts are needed are an initial first in resolving the issue. The fact that the Daily Mail reported on Drunk Tanks, an issue I raised in 2014 shows the additional part that the actions by the NHS have been too lacks and too slow, it could be the evidence that drove Richard Branson in entering the UK care field more energetically over the last 5 years.

 

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December 16, 2017 · 12:55

Overpricing or Segregation?

What is enough in a PC? That is the question many have asked in the past. Some state that for gaming you need the max hardware possible; for those using a word processor, a spreadsheet, email and browse the internet, the minimum often suffices.

I have been in the middle of that equation for a long time; I was for well over a decade in the high end of it, as gaming was my life. Yet, the realisation became more and more that high end gaming is a game for those with high paying jobs was a reality we all had to face. Now we see the NVIDIA GeForce GTX Titan Xp 12GB GDDR5X Video Card at $1950, whilst we can do 4K gaming and that one card is a 4K 65″ TV with either the Xbox X or the PS4 pro. Now consider that this is merely the graphics card and that the high end PC requires an additional $2K that is where the PC with 4K gaming requires 4 thousand dollars. It is a little stretch, because you can get there with a little less, but then also the less requires the hardware to be replaced quicker. So I moved to console gaming and I never regretted it. We all agree that I have lost out, but I can live with that. I can truly enjoy gaming without the price. So in this situation, can someone explain to me how the new iMac Pro will cost you in its maximum setting $20,743? Is there any justification to need such an overpowered device? I reckon that those into professional video editing might need it, but when we consider those 43 people in Australia (on that high level) who else does it benefit?

In comparison, a maximised Mac Pro costs you $11,617, so it is almost 50% cheaper. Now the comparison is not fair because the iMac Pro has an optional 4TB SSD drive, and that is not a cheap item, but the issue is that the overpowering of hardware might seem cool and nice, but let’s be fair, when we compare this through MS Word, we see the issue. The bulk of all people will never use more than 20% of that text editor, which is a reality we face yet at $200 we do not care, take the price a hundred fold, with $20,000 in the balance it adds up and even as MS Word has one version the computers do have options, and a lesser option is available, in this, that new iMac Pro is in minimum configuration $7K and at twice the price of a 4K gaming machine, with no real option for gaming, is that not a system that is over the top?

Now, some might think it is, some will state it is not and it is really in the eyes of the beholder. Yet in this day and age, when we have been thrusted into a stage where mobiles and most computer environments are set to a 2-4 year stage at best, how should we see the iMac pro? In addition, where the base model of the pro is 100% more expensive than the upgraded iMac 27″, is there a level of disjointed presentation?

Well, some do not think in that way and they are right to see it as such. One source (ZDNet) gives us: “The iMac Pro is aimed at professionals working with video (a lot of video), those into VR, 3D modeling, simulations, animation, audio engineers and such“, a view I wholeheartedly agree with, yet that view and that image has not been given when we see the marketing, the Apple site and even the apple stores. Now, first off, the apple stores have not been misleading, most have kept to some strict version of ‘party line’ and that is not a wrong stance. Also the view that ZDNet gives us at the end is spot on. With “It’s Mac for the 1 percent of Mac users, not the 99 percent. For the 99 percent, yes, the iMac Pro is overpriced and just throwing away money, but for the 1 percent who need the sort of power that a system like that can generate, it’s very reasonably priced” and that is where we see the issue, Mac is now segregating the markets trying to get the elite back into the Mac fold. Their timing is impeccable. Microsoft made a mess of things and with the gaming industry in the chaotic view of hardware the PC industry has become a mess. It moved towards the gamers who now represent $100 billion plus already we see that others went on the games routine whilst to some extent ignoring the high end graphical industry. It is something that I have heard a few times and to be honest, I ignored it. I grew there whilst being completely aware of all the hardware, which was 15-25 years ago. The graphical hardware market grew close to 1000%, so when I needed to dig into the PC hardware for another reason, I was amazed just how much there was and how affordable some stuff was, but in the highest gaming tier, the one tier where the gamer and high end video editing need overlaps, we see a lag, because selling to 99 gamers and one video editor means that most will not give a toss about the one video editor. Most will know what they need, but that market is not well managed. Issues like video drivers and Photoshop CC 2017 against Windows 10 are just a few of the dozens upon dozens of issues that seems to plague these users. Important is that this is not just some Adobe issue; it seems that the issues are still in a stage of flux. With “Microsoft warned that the April 2017 security update package has a known issue that could affect users’ computers and which the company is seeking to fix” a few months ago, we are starting to see more and more that Windows forgot that its core was not merely the gamer, it was an elite user group that it had slowly snagged away from Apple and now Apple is striking back in the best way possible, by giving them that niche again, by pushing these people with money away, they might soon see that the cutting edge Azure targets for high end graphic applications become a pool of enjoyment for the core Microsoft Office users. A market that they are targeting just as Apple gets its ducks in a row and snatches that population away from them.

That is indeed a clever move, because that was the market that made Apple great in the first place. So as we read on how Azure is aiming for the ArcGIS Pro population, we see that Apple has them outgunned and outclassed and not by a small amount either. Here the iMac Pro could be the difference between real time prototyping and anticipated results awaiting aggregation. That would instantly make the difference between a shoddy $5K-$8K gaming system used for data and the iMac Pro at $20K that can crunch data like a famished piranha, you can wait and watch those results become reality before you finish your first coffee.

In addition, as soon as Apple makes the second step we will see them getting a decent chunk out of the Business Intelligence, forecasting and even the Enterprise sized dash boarding market, because with 18 cores, you can do it all at the same time. This is not the first, not the second and not even the third case where Microsoft dropped the ball. They went wide, and forgot about the core business needs (or so you would think). Yet, the question remains how many can or are willing to pay the $20K question, even as we know that there are options in the $8K and $13K setting in that same device, because there is room for change between 8 and 18 cores. It seems that for a lot the system is overpriced, we can all agree on that, but for those who are in the segregated markets, it is not about a new player, it is more that the windows driven PC market, they just lost a massively sized niche, it is the price we pay for catering to the largest denominator, the question then becomes: ‘Can Microsoft and will it hit back?‘

Time will tell, what is the case is that the waiting is over and 2018 could potentially see a massive shift of high end users towards Apple, a change we have not seen for the longest of times, I wish them well, because in the end many average users will benefit from such a shift as well, because in confusion there is profit and Microsoft is optionally becoming one of the larger confused places in 2018.

So why should I care?

Apple started something that will soon be copied by A-brands like ASUS. It will remain a PC, but they now see that the high end users they do have, they want to keep it. This makes it almost exactly 20 years after I learned this lesson the hard way. There was a Dutch sales shop who had a special deal, the deal was the Apple Performa, maxed (as far as that was possible) for almost $2750, I was happy as hell. My apple (My first 100% owned by my own self) and I had a great time. I never regretted buying it, but there was a snatch, 3 months later that same shop had the Power-Mac on special, the difference was well over 300%, the difference $1000 (a lot in those days), but still 300% more power and new software that would no longer support the Performa system and older models, a system outdated before the warranty ran out. We are about to see a similar shift. We know multi-core systems, they have been around for a while, yet the shift is larger, so as we see new technologies, new solutions pushed on us whilst the actual current solutions as still broken to some extent, we will be pushed into a choice, will we follow the core or fall behind? Even as we see the marketing babble now on how it is upper tier, merely for the 1% and we feel to be in agreement (for now) we see a first wave of segregation. As the followers will emphasise on the high end computers, we will see a new wave of segregation.

And? So what? I do not want to pay too much!

This is the valid response for many players, for many users, they do not have the needs IT people have, many merely see the need they have now and that is not wrong, not in this life as the economy is not coming back the way it needs to be. Yet two elements are taking over, the first is Microsoft, we can’t get around them for the most and as e-commerce and corporate industry is moving, shows to be both their option and their flaw. As we see more push where 90% of the Fortune 500 is now stated to be on the Microsoft cloud, we see the need for multi-core systems more and more. Even as some might remember the quote form early 2017 “Find out why it’s the most complete #cloud solution“, the rest is only now catching on that the Azure cloud is dangerous in several ways. Chip Childers, the fearless leader of the Cloud Foundry Foundation gives us “We are shifting to a “cloud-first” world more and more. Even with private data centres, the use of cloud technologies is changing how we think about infrastructure, application platforms and software development“, yet the danger is also there yet not mentioned. This danger is slowly pushed onto us through the change that the US gave yesterday. As Net Neutrality is being abolished, there is a real danger that certain blocks could grow on a global scale. So as we see trillions in market value shift, how long until other players will set up barriers and set minimum business needs and cater to them above all others?

Core Cloud Solutions become a danger, because it forces the contemplation that it is no longer about bandwidth and strength of your internet connection, the high end of business is moving back to the Mainframe standards that existed strongly before the 90’s started. It will be about CPU Time Used. So at that point it is not about the amount of data, but the reception of CPU channels, as such the user with a multi core system will have a massive advantage, and the rest is segregated back towards second level, decreased options. It does not change consumer use of places like Netflix, but when you require the power of your value to be in Azure, the multicore systems are the key to enable you and disable connection huggers and non-revenue connected users, consumers at a price for limited access.

This is the future we push for; it is not created by or instigated by Apple. It merely sees what will be needed in 4 years when 5G is the foundation of our lives. I saw part of this as I designed part of a solution that will solve the NHS issues in the UK, the Netherlands, Sweden and Germany, but I was slow to see that the lesson I was handed the hard way in 1997 is also around the corner. As Netflix and others (Google in part) is regressing towards the mean in some of their services and options that they will offer the global audience at large. The outliers (Google, Amazon, IBM, Microsoft and SAP) will soon be facilitators to the Expression Dataset of the next model of usage that comes. There will be a shift and it will go on until 2022, as 5G will enable some players like NTT Data and Tata Communications to get an elevated seat, perhaps even a seat at that very table.

They will decide over the coming years that there is a shift and as people decide the level of access that they are getting they will soon learn that they are not merely deciding for themselves, because the earlier their children get full access, the more options they will get beyond their tertiary education. Soon we will learn that access is almost everything, but we will not learn that lesson the way we thought we would. Even I have no idea how this will play out, but such a shift beyond the iteration IT world we see now is exciting beyond belief. I hope I will end up being part of that world, I have been part of the IT/BI Industry since 1980 and I am about to see a new universe of skills unfold before my very eyes. I wonder how far I am able to get into that part, because these players will all need facilitation of services and most of them have been commission driven for too long, meaning that they are already falling behind.

What a world we are about to need to live in!

 

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December 5, 2017 · 08:52

Poly….what? Politics!

It is almost a week ago, yet the news is still rustling through the Middle Eastern meadows. The news is partially all over it. Yet, it is the Business Insider who gave us ‘a plot to shore up the country’s depleted coffers’ (at http://www.businessinsider.com/saudi-arabia-corruption-crackdown-looks-like-a-plot-to-plug-deficit-2017-12), Ambrose Carey makes an interesting point here. The beginning quote “Now a more probable motive for Crown Prince Mohammed bin Salman’s unprecedented detention of members of the country’s rich elite is emerging. Reports suggest that detainees are signing away cash and assets to secure their freedom in what looks like an unorthodox bid to plug the kingdom’s gaping budget deficit” could be a given truth. When we consider the Guardian last week with ‘Saudi prince Miteb bin Abdullah pays $1bn in corruption settlement‘, some of us thought that it was interesting not just that the counts of corruption had already been investigated, the idea that there was a ‘get out of jail card‘ for a mere $1,000,000,000 is equally stunning, that I beside the fact that the sum has been agreed upon and that the head of the Saudi National Guard is apparently still smiling after having paid the amount. In light of one of the accusations “awarding contracts to his own firms, including a $10bn deal for walkie talkies and bulletproof military gear worth billions of Saudi riyals” we could see that the price is interestingly light. So does the Business insider have a case?

Well, when we consider how the oil prices have slumped from the almighty $135 to $58 we all have to wonder how the impact on the long term has been. pumping oil might be like printing money at your own convenience, but once the spending spree and the high rises are there, the long term issue is that oil is at 42% of what was and upping production by 193% is just not realistic in the long term. Yet there is another worry. the quote “a huge budget deficit, which stood at $79 billion in 2016. The government has had to use foreign reserves to help cover the revenue shortfall, with the former shrinking by about a third over the last three years. The recession has forced MbS to rein back public spending, alarming cosseted Saudis long accustomed to cradle-to-grave subsidies” does not give it. Even as that is merely the deficit, that and the selling of domestic debt in July gives rise to thoughts, yet we need to wonder how inflated this issue is, as it seems to be presented. Lets not forget that it is less than 10% of the Greek debt and unlike Greece, Saudi Arabia is still getting income from the oil fields. So the need to panic should not be there. And lets face it, who is actually panicking?

Even as the Business Insider is making a nice case. I fear I cannot agree on some of the ‘findings‘ and ‘assumed speculations‘ that they offer. With “So, in all likelihood, MbS will struggle to generate the money he needs. Worse still for him, his actions could have deleterious consequences for the economy. While the acquisition of assets and cash is likely to play well with ordinary Saudis weary of corruption amongst the royals and the business elite, it may unnerve already jittery foreign investors whose engagement is critical to the Crown Prince’s economic plans. Though allies have sought to portray the detentions as an anti-graft campaign aimed at cleaning up the corporate landscape, its apparently arbitrary nature and disregard for property rights and due process will worry the investment community“. You see, it might be correct to some extent, but knowing the greed that some have for mere millions, roughly 99.32554% of that population will not run away from optional billions, that is a given you can take to the bank. From my own point of view, Crown Prince Mohammed bin Salman can still have it all, the timeline might slip a little, but there are clear signs that there are options to grow opportunity within Saudi Arabia. They still have options to rival Al Jazeera if certain censoring is changed, By investing into tertiary degrees for Saudi’s its dependency for foreign workers will go down, which would be a massive boost for Saudi Arabia and as Saudi Arabia grows its entertainment network it can start opening doors on setting a 5G environment which will have them being amongst those leading the charge in the next mobile evolution which will enable a lot more industry all over the Middle East. In this aging day, pharmaceutical options seem to be the next step. There is no way it can compete with India, but in partnership with India they will have options to grow this industry internally. It seems like that need is too small for Saudi Arabia, yet with 28 million people it could profit by having an industry that is mainly for export within the Middle East that is comprised of 410 million people. That is still a large market that cannot be ignored and as the quality is proven and the export grows, Saudi Arabia could see a drastically reduced need for oil soon thereafter. There are more technology options for Saudi Arabia to enjoy, but the clear path of larger growth has been proven on several counts in several nations to be within the mobile and pharmaceutical industry and that could be the growing start for an entire next generation, because these two fields will have an almost exponential need for Patent lawyers, which means that the legal field will be pushed into revolutionary growth soon after that. Mind you, not merely a local growth, the IP field would enable global growth for Saudi Arabia as well and as this field is set in stone (or marble) it will attract even more foreign investors and opportunity seekers. All issues clearly set in this field and in this the Business Insider is still on the horse that states “The Crown Prince has staked his reputation on the success of an ambitious economic transformation plan, Vision 2030, to wean the country off its dependence on oil, but he needs to fund planned reforms and projects. He was banking on a part-floatation of the national oil company Aramco, which appears to have been postponed for at least a year. The ruthless purge and financial strong-arming could now deter the very western investors and regulators needed to move forward with the sell-off“, yet there is no given that other fields need to stop getting a foothold and as these two (or three) elements are grown within Saudi Arabia, other players will find options to get their own kind of fuzzy drink labelled ‘profit’ in their hands and as such they will still be fighting for a seat at this table called vision 2030. Even as the venue per plate is much higher than expected, the long terms gains are beyond what they are able to make now. With US deficits on the rise, the EU currently has 6 nations that are at risk of breaking the deficit rule (France, Italy, Belgium, Austria, Portugal and Slovenia), so there will be consequences there too, which would imply diminished profit, so those players are looking for seats at tables with loads of gain and that is where Saudi Arabia is one of the few that would accommodate their needs. So as such, Saudi Arabia has options if they have optional controls for greedy mobs. And even as there will be good news stories coming from Strasbourg, there will be eyes on the EU as it will likely dial down the consequences for these six nations. In addition with the Mario Draghi stimulus game where we will see a likely extension into 2018 yet at a lessened 30 billion a month implies that Europe will be diving into close to half a trillion of additional debt, with the likely result that there will be nothing to show for it, no actual economic growth, so in all this debt driven society, Saudi Arabia could have a larger windfall if it plays its cards right. Once certain plays are in place, Saudi Arabia would be more and more primed for export and exporting opportunities to places that ignored and neglected its own infrastructure. In this the US would have to cut costs and corners to a level never seen before as it optionally faces the ridicule for being at best at par and more likely to stray behind Saudi Arabia in the 5G mobile networking, a field they were once the only one dominating in. What a massive set back that will be for the old USA. In this Crown Prince Mohammed bin Salman could have the forefront by preferring the Polytechnic sciences over Politics. In his role he cannot avoid politics, but by focussing on Science and technology he has the option to propel Saudi Arabia beyond what others thought possible. So even as it has its issues with deficits and treasury needs, can we rely on the Business Insider that it is so much worse than we expect? I for one am not convinced that this is the case. I might be wrong, but the fact that the larger players are still willing to sell their first born for a seat at that table makes me think that there are a lot more opportunities for investors than many perceive. the question becomes does the House of Saud feel safe letting these opportunities go beyond the national borders to other players? It is always a rocky road to travel. In the end I do believe that it is more about the speed of growth and less about who owns the growth. that should keep plenty of investors tallying their optional profits for some time to come.

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December 2, 2017 · 13:04

Enabling crime

Thursday saw the light of an unsettling situation, unsettling to some that is. You see the article ‘UK police to lose phone and web data search authorisation powers‘ is very one sided. At https://www.theguardian.com/technology/2017/nov/30/police-to-lose-phone-and-web-data-search-authorisation-powers we see “Senior police officers are to lose the power to self-authorise access to personal phone and web browsing records” and as it ends with “an attempt to comply with a European court ruling on Britain’s mass surveillance powers“, this merely fuels my setting for Brexit. Yet it is not that simple. As people are shouting, screaming and considering how they are allowed, in rights of, and needing privacy. I stopped caring and worrying. When you consider the following parts:

SS7 hack explained (at https://www.theguardian.com/technology/2016/apr/19/ss7-hack-explained-mobile-phone-vulnerability-snooping-texts-calls), in 2016.

Here we see “Hackers can read text messages, listen to phone calls and track mobile phone users’ locations with just the knowledge of their phone number using ‘a vulnerability’ in the worldwide mobile phone network infrastructure“. We hear that something was done. It is given with “Since the exposure of security holes within the SS7 system, certain bodies, including the mobile phone operators’ trade association, the GSMA, have set up a series of services that monitor the networks, looking for intrusions or abuse of the signalling system“. So guess what! It was not or ever solved. It is merely monitored, the moment that this monitoring number is tweaked; organised crime has full access to you. This is only the first piece of evidence that European Laws have been enabling criminals and organised crime.

And with the quote “Reportedly, recent security testing of SS7 by an operator in Luxembourg took Norway’s largest network operator offline for over three hours due to an “unexpected external SS7 event”.” we see clear evidence that the criminals are winning. I wonder if those extremely high paid judges are considering that. Because their claim “mass harvesting of personal communications data could only be considered lawful if accompanied by strong safeguards including judicial or independent authorisation and only with the objective of fighting serious crime including terrorism” has no hold on criminals as they are in it for the money, not terrorism.

So even as the Guardian trivialises the danger in the correct way with “given the billions of mobile phone users across the globe, is small”, yet these criminals are learning and learning really fast. The contact book shows them who is connected to important people (for example @RBS.co.uk or @natixis.fr), that list goes on for a while as the contacts are lining up, the tally shows that the value of that person goes up by a lot. And let’s not forget, this level of data mining can be done with most ordinary computers. So as they are seeking data, downloading dumps for later, 99% gets washed and 1% is kept on the computer. I reckon that 99% gets burned on discs for later use and verification. Lorenzo Franceschi-Bicchierai gave warning in an article on May 4th 2016 (at https://motherboard.vice.com/en_us/article/mg7bd4/how-a-hacker-can-take-over-your-life-by-hijacking-your-phone-number), here we see “In 2014, UK authorities warned that criminals were taking over victim’s cell phone numbers and using them to get into the victim’s bank accounts. Now, a social engineering expert is warning that taking control of someone’s phone number is easier than previously thought, thanks to a code normally made of three letters and six numbers called the Porting Authorisation Code, or PAC“, the consequence is given with “De Vere was simply testing this on numbers he owned, but if he had been a criminal taking over other people’s phone numbers, he could have done real damage. Once in control of the numbers, he said, he could’ve use it to approve bank transactions with SMS notifications, bypass two-factor authentication on online accounts such as Gmail, and do other types of fraud” and that was three years ago. So how many operators have increased their levels of security? When I designed the initial solution towards the UK NHS issues, the largest issue I had was to contemplate a new level of non-repudiation, that person and only that person could have requested the medication for a patient. It is that part that gave me an insight on just how casual the online banking security is and this has seemingly been the case for over three years now.

I do believe that security is on the mind of every bank, yet absolute security is an illusion so they resorted to the bank vault principle. They started to design time based security. When you know that burning a bank vault takes 12 hours, you merely need to walk past it every hour to keep it secure. Even with sensors and other things, bank robberies never stopped, they merely became very rare, or better stated extremely rare being successful. In this online efforts are pushed, yet the same issue stays. Now it can be attempted every Nano second by billions, the banks consider that and see the effort as working because only a few ever get through. Yet the end is not near. As given by CNBC (at https://www.cnbc.com/2017/02/01/consumers-lost-more-than-16b-to-fraud-and-identity-theft-last-year.html). Here we see “15.4 million consumers were victims of identity theft or fraud last year, according to a new report from Javelin Strategy & Research. That’s up 16 percent from 2015“, so even as the bank is not all in this, we see in equal measure “Card-not-present fraud — transactions made online or via phone where the cardholder does not need to present the physical card to complete the purchase — jumped the most, increasing 40 percent compared to 2015“, so this implies that 40% more successful actions. This gives us “In all, thieves stole $16 billion, the report found — nearly $1 billion more than in 2015“. That is just the acts of cyber criminals out for cash. The more organised peers are collecting data for other needs. Inside trading data, options to make large cash drops from intelligence, that is the game that does not bring $16 billion, that is the stuff that brings 1000% more, yes, ten times more than current. The issue of non-repudiation could solve part of that, but the banks suddenly become all about ‘customer care’ and not being a hassle. Because their flood comes from casual use with no extra effort required. Their existence is set on that and ‘non-repudiation’ is a more toxic thought for their KPI’s and bonus needs. Even the trivial: “thanks to fraud protections governing credit and debit cards. The mean cost to the consumer was just $48, down from $56, according to the report“, you see it is not the $48 that matters, it will be the fact that your data is out there that matters, when that is flagged the highly priced job you want will be forever out of your reach, because your data is out there and now we see “We warned the government from the start that the authoritarian surveillance powers in the Investigatory Powers Act were unlawful. It should be a source of deep embarrassment that, less than a year after it passed, ministers have had to launch a public consultation asking for help to make it comply with people’s basic rights.“, from an ideological point of view I would side with Silkie Carlo, Liberty’s senior advocacy officer, yet the other side in me stops this, because if the cyber world is a prison, than you gave the prisoners the keys, you made the prison staff vacate the building and these advocates are stating that they prisoners are still in that prison and the doors are watched. But these prisoners can casually go past every wall, tunnel and high rope out of the building never needing the front door and everyone is now in the dark on what is actually happening in that prison, we did not merely lost oversight, we lost sight and visibility of what is going on and that is also the most dangerous of situations, that is when the people forget that by blocking the government and openly giving this all to criminals they are merely shooting themselves in the foot, demanding that the NHS pay for all the needs, medication and staffing to keep them ‘active’, so as the ‘snooper laws’ are altered, the people are forgetting one part that the article is hiding from them. You see, there is a truth in “Restricting the use of communications data to investigations of serious crime but using an offence carrying a six-month prison sentence rather than the usual three-year threshold so that offences such as stalking and grooming are not excluded“, even as that is true, those facilitating for these criminals because they sold other items like routers and computers, those people are out of the race, they are safe and that changes things because finding those stalkers, paedophiles and groomers just became a lot harder, it will take longer to find them and collect enough evidence to make a case against them. At that point remember that the altered snooping laws just gave those roaches 3 times the span to do damage and do 300% more damage to the number of victims.

Yet that casual usage also comes with other prices. As reported in CNBC we see Paul Stephens, director of policy and advocacy for the Privacy Rights Clearinghouse stating: “Third-party budgeting apps, like Prosper Daily and Mint, also flag unusual spending and suspicious charges. Keep tabs on your credit report for new inquiries or accounts opened in your name, said Stephens. Free sites such as CreditKarma and CreditSesame offer free monitoring, and you can also pull reports from AnnualCreditReport.com. Pay attention to any changes in your credit score, too. “A significant shift in your credit score might be a heads up that there’s something wrong with your credit report,” he said“. So now we have to keep tabs on things we never needed to keep tabs on before, how is that any better? It might not be an issue for 80% of the people, but the 20% that ends up getting hit will be in deeper water, deeper than ever before.

That is a part we do not see and matters will get worse with the upholding of this European ideological agenda bullet point. It was a nice to have in an economy of plenty, but those times are forever over and the rule of land and law seems to be shifting, the question becomes in what direction do you want to see it shift into a direction where every household will be required to have some kind of cyber insurance? How much will that set you back? And when you decide not to take it, what will the cost be when you lose a lot more than the inventory of your house because you were on Barbados or St. John’s? It gets even worse, when one of your litter (I think you call them children) decides to Facebook their friends showing off their new fashion or cool item conquest. What happens when the insurance does not cover the house damage because everyone apparently knew you were out of the country?

That is less and less of a speculation, with “Posting pictures of your holiday on social media could leave you open to being burgled – and have an insurance claim invalidated” is becoming a reality. You see, the insurance companies will phrase it as ‘contents insurance limits the number of consecutive days your home can be unoccupied without invalidating your cover‘, apparently it is already in place in some places. This is an issue that has seen the limelight well over 2 years now, and many also state ‘expect you to take ‘reasonable care’ when it comes to security‘, the ambiguity of that goes beyond close windows and locks, it actually includes you bragging on Instagram that you got lucky and ended up blissfully satisfied 2,000 miles from home.

All these issues are now coming more and more to the surface and you do not get to blame the police for that, you yourself voted to give away the keys and limit the options the police had to stop cyber-crimes. It was all connected, you were merely unwilling to see that floodlight and very soon you will see the impact around you. In a world that is mere and more depending on a credit score, on online savvy actions and on knowing who you divulge information to, you decided to give it all to the criminals out there whilst stopping the police all in the same action. So in all this we watch whilst we blame the police and enable cybercrime with our thumbs as we dabble statements through a non-upgraded smartphone. That too is important, because by the end of this year (more likely Q1 2018) over 15% of the current smartphones in use (android phones) will have a phone that will no longer be patched or updated, meaning that at that point we are all open to new forms of attacks, bigger and to a much larger audience. You can read more about that in Tom’s guide (at https://www.tomsguide.com/us/old-phones-unsafe,news-24846.html). Yet, do not worry, the police will be there.

Oh, they won’t be, you stopped that from happening too. Well, good luck to you!

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November 1, 2017 · 19:01

Lawyers on a weakly basis

It is the Lawyers Weekly that gets the attention at present. The article (at https://www.lawyersweekly.com.au/biglaw/22159-lawyers-don-t-need-to-become-accomplices-to-white-collar-crime) gives us the nice title with ‘Lawyers ‘don’t need to become accomplices’ to white-collar crime‘, yet is that statement anywhere near the truth or the applicable situation that many face in today’s industry? Monty Raphael QC talks the talk and does so very nicely as the experienced QC he is, yet there were a few points in all this that are an issue to me and it should be an issue to a much larger community. For me it starts with the quote ““Cyber space has not created any new crimes, as such, really, of any significance,” Mr Raphael said.” This is of course a correct statement, because until the laws are adjusted, plenty of issues are not covered as crimes. We merely need to look at the defence cloak that ‘facilitation’ gives to see that plenty is not covered. The case D Tamiz v Google Inc is merely one example and as technology renews and evolves, more and newer issues will rise, not merely in cases of defamation breaking on the defence of mere facilitation.

Yet for this matter, what is more a visible situation is the case of Tesco a how PwC seems to not be under the scrutiny it should be, it should have been so from day 1. So when we read: “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” we are introduced to a statement that is for the most seemingly empty. I state it in this way, because the options of scaling the legal walls while not breaking any of the laws that were bended to the will of the needy is an increasingly more challenging task. If the legal walls were better than PwC would clearly be in the dock 2 years ago, or would they? In addition, they are not alone, merely slightly (read: loads) more visible as the profit before tax for Tesco ended up being minus 6.3 billion in 2015.

Monty makes a good case, yet the underlying issue is not the lawyer, it for the most never was. It is the law itself. This is why I object to the title, it is nice but is it true? PwC shows that even as we oppose their actions, the fact that they are not in the dock is because when we see Reuters (at https://uk.reuters.com/article/uk-britain-tesco-fraud/former-tesco-executives-pressured-staff-to-cook-books-court-told-idUKKCN1C41TK) we see “Tesco’s auditors PwC were “misled and lied to,” Wass added“. Is this true? Let’s consider the evidence, can it be shown and proven that they were lied to?

It might never be proven because the people in the dock have had years to get their story right (read: synchronised). What I stated at the very beginning of the events of Tesco remains true and it remains the issue. The fact is that PwC made that year £13 million from this one customer. Much of it in a project and auditors for the rest and they did not spot the fact that the books were ‘cooked’, will remain an issue with me for some time to come. It is the Tesco case that also underlies the issue here. It is about the weak lawyer, not because he is weak, but the lack of proper laws protecting all victims of white collar entrepreneurs is stopping them from aiding potential victims. In addition as the law is struggling to merely remain four passes behind it all, it becomes less and less useful, not to mention a lot less effective. As the next generation of economic tools are being rolled out (block chain being a first), we will see new iteration of issues for the law, for both the CPS and DPP as it cannot progress forward in light of the legal parties not comprehending the technology in front of them, so showing wrongdoing will become an increasingly hard task for lawyer to work with. The biggest issue is that as it is all virtual, the issue of non-repudiation goes out of the window. Not only will it become close to impossible to work with the premise of ‘beyond all reasonable doubt‘, there is the fact that ‘proof on a balance of probabilities‘ is becoming equally a stretch. The fact of non-repudiation is only one of several factors. So as we have seen that successful criminals tend to hide on the edge of technology, the chance to stop them is becoming increasingly less likely.

This now gets us to the statement “In the wake of the Panama Papers revelation from law firm Mossack Fonseca, Mr Raphael cautioned that clients’ criminal activities can come back to haunt their law firms“, the fact that both former prime ministers involved in the Panama paper scandals, Bjarni Benediktsson and Sigmundur Davíð Gunnlaugsson, have been re-elected to the Icelandic parliament (Source: IceNews), so it seems that the Panama papers are a little less of a haunt. In addition there will be a long debate of what constitutes the difference between Tax Avoidance and Tax Evasion, because only one of those two is illegal. In addition certain questions on how 2.6TB was leaked and no alarms went off is also an issue, because the time required to get a hold of such a large amount of documents would take a monumental amount of time and with every option to shorten the path, alarms should have been ringing. When we consider the basic IT issues, we get partial answers but not the answers that clearly address the issues, as they did not. The time it had required to do all this should have placed it on the IT radar and that never happened. So as we see on how patches and security risks are now being pushed for as a reason, we need to wonder if Mossack Fonseca could have been the wealthy party it claimed to have been. When we consider the expression ‘a fool and his money are soon parted‘ the lowest level of IT transgressions that have been seemingly overlooked gives rise to a total lack of Common Cyber Sense, staff that should have been regarded as incompetent and an infrastructure that was lacking to a much larger degree. You see, even before we get to the topic of  ‘illegally obtained data‘ which was used for investigations that have convicted people of crimes, the larger issue that could be in play  on the foundation of that data alone, a few prison sentences could be regarded as invalid, or might get overturned soon enough. There were cases where the story gives clear indications of what was done and here we see the consideration of what is admissible evidence. In this, the one step back is the IT part. The hardware would have regarded as little as $100K to upgrade to better security standards and hiring a better level of University Student in his or her final year might have given a much safer IT environment, perhaps even at half the current cost.

All issues worthy of debate, yet none of it hitting the lawyers; it more hits the infrastructure of it all. Yet these two issues that might now be seen as real hindrances for lawyers, in a place of laws that are now seemingly too weak, the law, not the lawyer. So as we recollect the Toronto Star in January 2017 where we see “Canada is a good place to create tax planning structures to minimize taxes like interest, dividends, capital gains, retirement income and rental income,” when we see the added “the Canadian government has made it easier than ever for criminals and tax cheats to move money in and out by signing tax agreements with 115 countries” we see growing evidence that the law is getting hindered by eager politicians making their mark for large corporations through the signing of tax agreements, and what they think would be long term benefits for their economy, whilst in actuality the opposite becomes the case. So every clever Tom, Dick and Mossack Fonseca can set up valid and legal shapes of international corporations all paying slightly less than a farthing for all their taxations. Legal paths, enabled by politicians and as the laws are not adjusted we can all idly stand by how nothing illegal is going on. So as we admire the weakly lawyers, we get to realise that the law and the politicians adjusting it weakened their impact.

In all this at no point would the Lawyer have been an accomplice. The data lies with IT, the setting of these off shore accounts were largely valid and legally sound and in that, there could always be a bad apple, yet that does not make the Lawyer an accomplice. That brings us to the final part which we see with “Money laundering has been in the spotlight recently, with the Commonwealth Bank facing punishment for failing to report suspicious deposits in its ATMs“. It needs to be seen against “Mr Raphael insisted that lawyers have an ethical obligation to ensure they do not support or enable white-collar crime” in this the banks are already faltering. We seek the dark light events of PwC and Mossack Fonseca, yet the basics are already getting ignored. I believe that the article is missing a part, I feel certain that it has at least been on the mind of my jurisprudential peer. You see, the legal councils will need to evolve. Not only will they need to do what they are already doing, the path where they (or more likely their interns) start to teach IT and other divisions a legal introduction on what is white collar crimes. The fact on how ‘suspicious deposits‘ could be a white collar crime is becoming more and more visible. I see that the education of IP legality in IT is now growing and growing. The intertwining can no longer be avoided. Now, we can agree that an IT person does not need a law degree, but the essential need to comprehend certain parts, in the growing mountains of data is more and more a given.

In all this there is one clear part that I oppose with Mr Raphael, it is the statement ‘There’s nothing cultural about greed‘, you see, as I personally see it that is no longer true, the corporate culture that is globally embraced made it so!

 

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October 22, 2017 · 14:20

Retaining stupidity

This is the very first thought I had when I saw “Artificial intelligence commission needed to predict impact says CBI“. Within half a second my mind went into time travel mode. Back to the late 70’s where all the unions were up in arms on computers. The computers would end labour, all those jobs lost. This is not a new subject as the magazine Elsevier showed un in 2015 with “Angst voor nieuwe technologie is zo oud als de industriële revolutie zelf. Diverse commentatoren refereerden de afgelopen tijd aan de luddieten, genoemd naar een Engelse wever die eind achttiende eeuw machines zou hebben gesaboteerd omdat die banen vernietigden“. “Fear for new technology is as old as the industrial revolution itself. Several commentaries referred to the luddites, named after an English weaver who allegedly sabotaged machines at the end of the 18th century because it destroyed jobs“. There is a partial truth here, you see, it is not about the loss of jobs. It is the mere fact that some of these Business group will soon truly show to be obsolete. In this they rely on a firm whose largest achievement is (as I personally see it) to remain silent on overstated profits whilst not having to go to court, or to jail for that matter (read: PriceWaterhouse Coopers). So by engaging this party they have already lost their case as I personally see it. So when we see “Accountancy firm PwC warned in March that more than 10 million workers may be at risk of being replaced by automation“, with the offset we needed in the past (read: Tesco) the damage might merely be a few hundred people. So I do not deny that some jobs will go, yet like the automation sequence that computers brought from the 80’s onwards. That same industry would give jobs and infrastructure to thousands, livening up an industry we could not consider at that time. The same happened in the 18th century when the looms and weavers grew, the blossoming of a textile industry on a global setting. So when you see “The business lobby group said almost half of firms were planning to devote resources to AI, while one in five had already invested in the technology in the past year“, you are looking at what I would call a flim flam statement. You see, perhaps the more accurate statements might be: “The business lobby group stated that 50% of the firms are moving away from the facilitation that the business groups provides for“, so these firms are pushing in another direction, why give credence to their flawed way of thinking? You see, this is the consequence of the greed driven executives who rely on status quo, they ran out of time and they need extra time to get their upgraded pensions in play. Why should we allow for them to continue at all?

I am willing to give the TUC a small consideration because of their heritage. Yet, when we see in the Financial Times (September 11th) “Frances O’Grady, the general secretary of the Trades Union Congress, said the government was hurtling towards a “kamikaze Brexit” and should keep open the option of remaining in the single market” (at https://www.ft.com/content/c5f7afb8-9641-11e7-b83c-9588e51488a0), yet there is overwhelming presented evidence from all sides both positive and negative mind you that the single market only benefits the large corporations, the small companies are merely disadvantaged by the single market as such we must wonder where the loyalty lies of the TUC, by that notion if the TUC is there for large corporations, or to serve them first, we see another piece of evidence that shows the TUC to be redundant, and as they merely vie for the large corporations as their main priority, the fear of those companies would become the fear of the TUC and as such, they are becoming equally obsolete. The Trades Union Congress (TUC) is a national trade union centre should show clear cause with all the data, not merely the aggregated data results of a data scientist at PwC. So when I see “the CBI is urging Theresa May to launch the commission from early 2018. It said companies and trade unions should be involved and the commission should help to set out ways to increase productivity and economic growth as well looking into the impact of AI.” Who is going to pay for all that? I submit that the Trade Unions pay their own way and ask their members for the needed funds. What are the chances of that? The poisoners part is seen in ‘set out ways to increase productivity and economic growth‘. You see, AI will do that to some extent on several paths, yet it is not up to the government to figure that out or to set debilitating fences there. It is up to the business sector to figure out where that profit is. That is why they are in business! You see, as I see it, the drive to remain in some level of Status Quo was nice until it ended, these companies have driven away the people who wanted to innovate and now they are in start-ups, or in companies that embraced innovation, the older larger players are now without skills to a larger extent, without drive through misdirected use of funds and lacking ambition, so they are going to get hit in all three ways when the driver comes. 5G will be a first and when it does happen AI (it is still years away from being anything truly practical), these two paths will drive new methods of automation and data gathering. But the larger players wanted to milk their 4G base as much as possible, setting up side channels with smaller players like Orange, DODO, TPG, Tesco and giffgaff. Now that they are learning that 5G will be a larger wave then some academics presented (likely at the expense of some placement), now we see the panic wave that follows. Now we see the need for commissions to slow things down so that the milkers can catch up. In my view there are clear reasons that such paths should be allowed to exist.

That is my supported view, it has been supported by other articles and I have written about these events for close to two years now. Now that the party is over, we see players trying to change the game so that they can continue just a little longer. We allowed for these matters in 2004 and 2008, it is time for the governments to give a clear signal that change will come and stopping it should not be allowed, not until they alter the tax laws, the laws on accountability and the powers of prosecution to have a better grasp at these players, a change that must happen before we allow any level of catering to their needs.

By the way, when we consider ‘PwC placed under investigation following BT accountancy scandal‘ (at http://www.independent.co.uk/news/business/news/pwc-investigation-bt-accountancy-scandal-italian-operations-pricewaterhousecoopers-a7813726.html), as well as the Fortune.com issue (at http://fortune.com/2017/02/28/pricewaterhousecoopers-pwc-scandals-oscars/), where we see the five larger issues at PwC, which includes the previous mentioned Tesco, but now has an added Tyco, Taylor Bean & Whitaker, Bank of Tokyo – Mitsubishi and MF Global. So as I have been on the prosecuting tank, ready to roll it over the board of directors of PwC regarding Tesco, having any faith in whatever they want to report on now, unless it comes with all the data for the public at large to scrutinise, they should not get close to any commission and even less be part of the reporting. Now we can irresponsibly use 5 bad apples to identify someone who ships containers of fruit and that would be a valid response and defence. Yet overall the players asking for the commission seem to have their own needs first in all this. There would have been a consideration if there was any given that Google or the Alphabet group to be part in all this, yet that mention is missing and therefor the setting is void. Now, there are more players in the AI field, but it seems that the Google headway is the strongest, the largest and at present the fastest. And with a sense of humour I will add that you merely have to ‘Bing‘ the search ‘AI Commission‘ to see that Microsoft is in no danger of getting anywhere near an AI this upcoming decade. Perhaps the mention of ‘Australian Securities and Investments Commission – Official Site‘ on position 2 and ‘Fair Work Commission | Australia’s national workplace …‘ in position 5 to realise that their AI could be sunk in 13 keystrokes. The power of assumption will kill anything, including ones sense of humour and that same persons appetite.

Yet is there more?

Yes, there most certainly is. You see with “Investment in technology could help bolster Britain’s sputtering record on labour productivity, which is among the worst in the G7 and is failing to improve in line with expectations since the financial crisis” we see part of the fear being spread. The ‘milkers’ as I prefer to call some of them are realising that having space and capital for growth was essential to remain in the game. Some of the milkers are ending up being too visible and plenty of consumers are moving to a place where they can get a better deal. That was seen in Australia in June as ABC news gave the bad news that Telstra had to shed 1400 jobs. We see all kinds of excuses, yet the reality was that for well over 5 years they were too expensive, not by a margin, but by being up to 300% more expensive than a decent alternative. I have had personal experience whilst in a Telstra Shop because I was not an optional business account he had no time for me. Do you think that a company like that can remain in existence? Over the last 3 years, the shares dropped from $6.61 to $3.52, that is pain that a company feels and they remains ignorant and blind to the consequences. That view is enhanced even further by the statements given in the Sydney Morning Herald. With “Our approach [to 5G] is to get in earlier and try to have it modified so it’s more suitable to Australia when it arrives, rather than us have to try to modify it when it gets here,” Mr Wright told BusinessDay.“, so basically there is every chance that Australian 5G will be undercut by some level of standard that is not as given in the 5G handbook. As I personally see it is Telstra’s approach to setting a standard that is no standard at all. A ‘get in first so that we can tell others what the standard is‘, or better stated, what the standard is that you are not adhering to; 3.5G for your mobile anyone?

This Australian view translates to the UK as well. With “Despite the potential for technology to increase productivity, firms are cautious about investing owing to uncertainty over Brexit. Growth in business investment was flat in the three months to June, the latest official figures show“, so these business types are not willing to invest, they merely want the one market side to go on and in light of the delays needed, they want a commission, so that they can force government investment and delays. So they can get the best out of both worlds. The (as I personally see it) exploitative model is continued in every venue we see come and as I see it, it will be much better for us if those business models and business players go, they should go now before they become the detrimental force on UK industries. 5G will be a new beacon of industry and progress, it will open up additional venues for many telecom players and as such we are all better to get on board now and think of that one idea we had that could work for us all. It equally holds the solutions the NHS desperately needs and the fact that 3 larger players still haven’t seen that light is a larger worry than anything else. It merely shows them to be obsolete, dinosaurs in a modern age. As one person told me, the reason the T-Rex is such an angry creature is because its arms are too short to take a selfie. That does make sense, especially when you consider what some of these players think when they think 5G, they merely look at speed, whilst 5G opens up so much more than merely a quick download of a movie, in all this AI could be breaking the moulds and give us something that even I cannot envision, which is actually a really good thing. You see, the new waves will come from people that are different from me; they are the dreamers like the game designers in the early 80’s. They will show vision and give us something we never considered before. That is true progress and the people who bring us weighted predictions and tell us of fear of 20% of all jobs lost need to do what they were meant to do, die and become extinct just like the dinosaurs before them and soon thereafter I will become extinct too. That is the nature of future evolution. Just like my grandfather who could not comprehend the electronic calculator. I am clever enough to comprehend quantum computing, yet I hope I cannot comprehend what comes after, because if I can remain on board at that point we have all become technologically stagnant and we merely move backwards, that too is a personal view I have.

 

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October 20, 2017 · 14:21

It starts with a wrong label

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

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

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

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

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

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

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

And now the plot thickens!

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

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

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

 

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October 8, 2017 · 14:29

The tail of a prophet

I spoke on all kinds of matters, and I also gave some upcoming predictions. So, on June 17th of 2017 I predicted: “So by the end of 2018 the console offset ‘Sony:Nintendo:Microsoft’ could end up being ‘13:9:2’. This would show Microsoft on how they truly bet on the wrong marketing horses. So I admit, it is a speculative prediction, yet the sales numbers are not that far off and my expected Nintendo growth is not unrealistic“. It was (at https://lawlordtobe.com/2017/06/17/after-the-e3/) where I decided to introduce the audience to some of the massive bungles that upper management at Microsoft is involved in. Now, if they replied (read: if, if is good), it would be along the way of ‘it is not our core business‘, or ‘we have all out vestment set to the Azure solution‘. Yet in that view options like Hadoop are already mentioned on the way out, getting replaced by a new flavour of Big Data. Microsoft has Blockchain as a Service (BaaS), but there the adaption is not on the curve they need it to be, so as we see other places become contenders, we realise that Microsoft is too big to just fall over, but as they wanted to be in the generic ‘let’s be there for everyone‘, I see (a personal believe) that those focusing on one part of a business that they are excelling and they are taking away customers left right and centre. Now, this is not a tidal wave, it is a slow process. Yet, in all, the quote I gave now has a serious side. Only last night did I get the news that the Nintendo Switch has hit the 5 million sales mark Compare this to PlayStation 4 Total Sales: 63.4 million and Xbox One Total Sales: 26.5 million (not entirely accurate as clear numbers are hard to find), both released in November 2013. So in 6 months Nintendo closed the gap by a lot. Nintendo is currently committed to get production up towards 2 million consoles a month and this is showing as some analysts (not the group I have the most faith in) have predicted that by March 2018 Nintendo will be expected to be seen in over 13 million homes. So in one year the Nintendo Switch will close the gap with the Microsoft Xbox. My predictions are still on speed to become a reality, yet the given by December 2018 might not be the case. If Nintendo releases the games they have planned on time, the curve will increase and whilst the Microsoft business analysts will bedazzle the people with Scorpio, 4K gaming and other things, the consumers are starting to realise that the people at Microsoft are less clued in on the gamers needs, a thing I clearly stated for close to 2 years (or was that 3 years) and now my predictions are slowly moving into the sunlight for all to see. At present my 13:9:2 is likely to be 12:5:3 no more than, yet Nintendo remains in 3rd place, which was the larger part that mattered. Still this is based on two players with 6 years and Nintendo with less than 2 years by the end of 2018, so even as consoles would have been sold, the Microsoft growth will stagnate as a larger population from their camp will switch to Nintendo and the family friendly games that Ubisoft produces are not helping the plight of Microsoft in any way.

You see, there are two groups and as Microsoft does not care about one of them, it is that group that will drive the dagger home so to speak. It is my personal believe that Microsoft is ignoring the people who bought one and they are realise that to some degree they ended with a lemon. Now these people are not going to jump to Sony, but with the Nintendo wave and the good pricing of that console they will consider the Switch for Thanksgiving and Christmas, so there is a 95% chance that Nintendo will have a great Christmas on a near global level. You see, the group Microsoft neglected is now showing a dusty Xbox One, these people are not going to Scorpio and depending on their gaming prowess, not only will they advocate non-Microsoft solutions and buy a Switch, they will in theory prevent 2-3 other players getting an Xbox as well. So not only will Microsoft be fighting an uphill battle from the day they launch, their new system will be buried by the sales achievements that Nintendo is bringing to the ‘Just Dance’ floor, which will be a growing and is likely to be a Nintendo dominant dance floor. A nice little positive event (read: impressive achievement) for Ubisoft as well. A game that has hit the 25 million mark is showing to be as successful as the Xbox One console at present ever was. The fact that some Microsoft executives are not contemplating suicide is a small miracle to say the least. Perhaps they should have actually listened to the gaming community and not revere the spreadsheet they adhere to.

We see at present more and more news in both camps. One showing that Microsoft is more and more successful for the Scorpio, some show that Microsoft remains stagnant and are now setting $50 price drops and one source gives us “Only 13% Of Hardcore Gamers Plan On Buying An Xbox Scorpio“, which is a number I feel uncomfortable with as I expect that number to be at least twice as high. Yet between the expected buyer and the actual buyer there will be a gap and the results of Nintendo show that gap to likely be widening on a nearly daily basis. In other news, a few months ago we saw (at https://mspoweruser.com/project-scorpio-fails-impress-american-gamers-according-nielsen/) the title “Project Scorpio fails to impress American gamers according to Nielsen“. This fact is a lot more interesting were it not for one given part. When we consider the quote “Phil Spencer has to prove to gamers that they need to upgrade. The only way to do this is to show mind-blowing graphical upgrades and flood the internet and television with advertisements of the device” we need to wonder about the job Nielsen has in this. You see, ‘mind-blowing graphical upgrades‘ might seem nice, but in the end it is about good gaming and that has not been delivered by many games, not to the degree it needed to be. In the second, the part ‘flood the internet and television‘ might be to appease their other customers, but it does nothing for the gamers, only the badly informed consumers and that market has shifted a lot. It has shifted because people bought the WiiU and some of them are now hurting by the Xbox One, not in the smallest part because of unwanted and non-consensual uploads by the Xbox One into the Azure cloud. We are becoming more and more data savvy and the Microsoft helpdesk telling me (read: they really did) that this lies solely with the internet provider is a party line so stupid, it makes me want to vomit. So from the side of Microsoft, we see their hardware, their policies and their shortcomings, they sold out the gamer three times in a row with one console. that and the ignored part by Nielsen on how much of a blasting success the Switch was gives us more and more light that properly informing an audience is a loaded canon to say the least.

Now, I am willing to say that my data is not completely up to scrap. When we consider that several sources who give clear Sony sales records need to guess and get other data sources to compile the Microsoft numbers. The fact that Microsoft has been remiss (or pushing dates of publishing numbers) is one tactic to keep the diminishing group of Scorpio pre orders in the dark. The first set will be immediately sold out, that was never in question, but the three subsequent pushes are the ones that are in play. The war for Christmas is on and even as I have illusions regarding Nintendo winning that, there will be loads of Ps4pro’s and Scorpios on the list of plenty of kids. The A$650 might seem nice, but in the end, as people realise that storage remains an issue, having the A$675 2TB edition would have been the smarter move. Oh wait, that one does not exist because Microsoft did not consider the gamer in any of this, just their Teraflop speech laced with 4K resolution. That evidence is shown by Microsoft when we see “While Forza Motorsport 7 hasn’t been released yet and it won’t be out until October 3rd, the official Microsoft Windows store has listed the download size for the game and it is a gigantic 100 GB” (source: gearnuke.com), a factor I mentioned before, so as the 1TB drive loses around 300Mb for the operating system and store parts and so on, the gamer soon realises that there will only be space for 7 games in 4K. So how long was Microsoft going to hide that disaster? When you have to reinstall 3 games within 6 months and get the patches, how long until you get to be in an aggravated state of irritation? A clear issue that the Xbox One had and even as Microsoft had the ability to diffuse the situation, they decided to not do anything, which is another battle they lost to Sony and one that might drive more gamers towards the additional Nintendo pile of those who want to enjoy a game. This now also fuels the previous blog on digital rights (one that Euro gamer made me start after their video), because in that setting a physical copy on disc becomes more and more important to every gamer. Yet this is not all, it is the largest factor in gaming that is now starting to push the envelope to the degree that Microsoft will not be happy about. With the announcement of ‘a Nintendo Switch version for Fear Effect Sedna‘ just today will be coming to Switch pushes the bar as Microsoft is losing their exclusive range of games faster and faster. This is a known bar that both Sony and Microsoft pushed as much as possible, now that some iconic titles are also coming to Switch; the results will have an impact on all consoles (it will impact Sony to a much lesser extent). Even as I personally believe that some titles will not make a person not buy a game, but could push a gamer to get the Nintendo Switch on the side. This action results in more and more hazard points for the continuation of Microsoft consoles as a growing group of people are now cancelling pre-orders. Now, that is not an entirely accurate statement. Let me give you the ‘down low‘ on it. Last month has given more and more forums the issue where people came with the same issue “my Xbox One X pre-order was cancelled for no explainable reason by Target“. There seems to be a separate play going on. Some players never cancelled their pre-order, it seems that some players who wanted to make quick solid revenue are now confronted that their infrastructure cannot deal with the sudden ‘need’ of thousands of players and their systems seem to be unable to keep score to coin a phrase. So here Microsoft is wrongfully set in a bad light as other systems cannot deal with the infrastructure of some consumer chains and Target does not seem to be the only one. I believe that there are people having second thoughts, which will always happen. I believe that the ‘converted’ curve of Microsoft is a lot lower when we consider actual ‘converted’ gamers. So there are those numbers to consider as well. The backup in all this is that as cancellations happen, sales numbers might regionally shift and this is happening in the height of Thanksgiving and Christmas, so there will be a larger lash back to consider in January, but that will be a story for another day.

So as my tail is considering the tale of a console that was designed not fore gamers, but for players. Microsoft needs to sit down and make some clear considerations on where they went wrong and how they moved from second place to a possible degradation to initially position three, all because three factors that could have been directly avoided were ignored for (as I personally see it) other business needs.

A harsh situation that again, as I personally see it, is all the doing of Microsoft self and they only have themselves to blame, a market shift in merely 2 years. I wonder who they’ll blame when the numbers become crystal clear at the end of the next financial year. Perhaps it will give us a new console in 2018, the Microsoft EOFYbox, free with every Microsoft Surface Pro IV.

 

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October 7, 2017 · 14:39

To emphasize ‘flawed’

There are all kinds of issues playing. Murdoch who admits that they benefitted from hacked emails (so what else is new), the call for the leadership of the Tories or even more annoying the battering ram of North Korean rants and counter rants and the nauseating gossip train of the Las Vegas shooter. All of that is worth a few dozen words, yet in my mind, in light of yesterday’s view of IP and gaming IP, I think it is clear that a few more words need to be spend on the category, but now on a different field.

IP is at the heart of the matter, but now we will look at another side. For those who have had a view of games and gaming, many will remember the awesome trilogy called Mass Effect. Those who went through the growth of the Xbox 360 brand will have been aware of the Mass effect trilogy, there is no way escaping it. The first one gave us something new and exciting. When we consider the Elder Scrolls and the Fallout games, we were clearly introduced to a competitor in this field and Mass Effect delivered something new, 2007 became an almost magical year. Then something new happened, in 2010 we saw the sequel, a sequel that is still regarded as one of the best RPG games that the Xbox 360 ever received. I will skip the final part in all this. So in this history, you might understand that the expectations were so high (perhaps too high) for Mass Effect Andromeda. The people at Bioware had 5 years to get it right and they failed. The game was flawed on several levels and even as we need to accept that it is not a bad game, the utter quality of Mass Effect 2 was not equalled, not by a long shot. I am not alone, many reviewers saw the game as one that does not equal the initial trilogy and even now, the interest of a remastered original trilogy is desired a lot more than Andromeda is. I finally played the game, I was unwilling to pay the full amount after being shown the most basic of glitches and issues, but when offered as a new (not pre-owned) game for $25, I gave it a go. So as I have finished the game in a week, I concur, the game is flawed on several levels. I am not going into the animation and graphic glitches, too many did this. The game from the beginning shows a flawed approach to several sides. Now, it is shown in the initial level, a level which I usually ignore as it tends to be an intro level as to train the gamer how to play the game. So after the intro movie (which is actually quite brilliant) we get to go to the first place. Here we see the impact of flaws. So after 650 years in travel we get to a planet and whatever they have we can use to reload our own weapons. We see a new opposing player and that is fine, yet the battle strategy, the weapons, the resources show us a flaw from the very core onwards. Ammunition is the clearest part, but it goes beyond that. The Nexus, the entire evolution that we play through, we can go two ways here. Either the game should have been a lot bigger with a lot more to do to grow us into the nexus and locations, or live with the assumption jumps that were made, jumps that were wrong on a few levels (as I personally see it). Now, we need to accept that things like this happen in action games and shooters, because the focus of such a game is different. Yet in RPG you can’t get away with it. The plot does not thicken, but the elements get to be a lot more questionable. The Salarian ark and the Turian ark are just on the surface of that. When we get confronted with those elements in the story we see the flaws grow. Patched stories for the sake of whatever they thought it was going to be. So when we see (from Wiki) “Mass Effect: Andromeda required a team of over 200 developers and, according to Aaryn Flynn, was given a total budget of C$100 million, which included marketing and research costs.” we get the first realisation on the bungled level of a game. My initial personal design (concept) of the sequel to Skyrim took less than an hour to construct in my mind and an additional 4-5 hours to type. So I got to be in a much better place from the get go. Now, do not take my word for it, because you never should. So instead I am going to introduce you to a group of 20 people, not having anywhere near such a budget. The team is Unknown Worlds Entertainment and their take on RPG with Subnautica is one of the best, one of the most refreshing (all that water helps) and amazing trips I have had in my lifetime of gaming. I hope that this game makes it to the PS4 and if it is still available on Xbox live in early release do it because it will be the best $30 you are likely to spend this year. The comparison is important because even in its non-final stage Mass Effect does not get close to what Subnautica has already delivered. OK, granted that if shooting is your need in Mass Effect, Subnautica might not be for you, but overall Subnautica kicks Mass Effects ass on several fronts. Three programmers outshine the dozens that Mass Effect had and that is just embarrassing. If you want to learn more take a look at IGP (the Indie Game Promoter) who (at https://www.youtube.com/user/TheIndieGamePromoter) has all kinds of videos. So take a look at https://www.youtube.com/watch?v=KgyCiWXPZzE&index=76&list=PLVxH6E2fftrfbnmjYAXXiCJJwleb-HZvB for a first view of the game which gives a view almost two years before the final release. You want to skip to 1:45 and skip to the start of the game. The game is very much the truest view of RPG as they can get. So the intro is not as flash as Andromeda is, but that is the only time Mass Effect wins. Now, as stated, this is not a shooter, so be aware of that. The part that should amaze you is that this game is more about survival and the basic survivalist edge is often ignored by many RPG’s.

So as I am giving you a parallel on the skips of Mass Effect and also ‘story lining‘ of Mass Effect, we need to dig a little further. Now in their defence at times we cannot prevent that in the case of Mass Effect, but consider that after a trip for over 600 years, we get to aid certain players (Salarians) ‘just’ in the nick of time. This is an issue on a few levels.

Also even as we accept that many bought it soon and the game had sales close to three quarter of a billion, which is a financial success, it comes at the realisation that the game scores 72% which at the budget given is a massive flaw, yet here I will admit that the shooting side of the game is as some stated it: “The core shooting mechanics feel stronger here than anywhere else in the series“, which was made by Scott Butterworth of Gamespot and he is right, this part they did do very well and it is likely the one reason why the game remained the financial success it has turned out to be.

Yet the QA was far below par, the delivery was wrong and in the end I personally profited by getting a decent game for $25, a mere 6 months after release. So consider how this game could have gotten closer to the $1 billion mark by getting things right? An additional twice the investment by thinking things through and properly testing it from the start, and not even requiring to think too intelligent; the basic story line debated on the flaws that they needed to avoid from after the intro level onwards. Consider that the ‘Salarian Ark’ event became a basic shooting mission, whilst it optionally represented dozens of hours of additional gameplay on several levels. So apart from the timing as a ‘just in the nick of times‘ mission that is underused and oversold, we see that the other Arks become mere wasted moments in the game. In a place that has so many shortages, leaving behind an ark that has thousands of tonnes of resources seems weird, even if it does not have any lives left. It is not as the Nexus had an abundance of resources, did it? So there we see more, just after a setting that had a revolt, shortages and deviant issues, we see every time the Tempest comes and go’s (too often because of other flaws) we see that the docking level shows an environment that equals the embassy level of the citadel itself, all missed options and opportunities. There we see the option of an additional 10% score if it was done and properly tested. So now we get from 72% to 82%. Then there is the premise that this is a game with only 5 worlds to fix?

There could have been a few more, and more important, changing the way the vaults were accessed on at least one world might have made the game a little less obvious (to some extent). So here we have another 5% in the making, making the game approaching a 90% game, which is a given need when you waste 5 years and a hundred million. Subnautica, when you like that part of RPG gaming is giving you at 25% of the full price of the Mass Effect game. A game that was already awesome when I decided to get it and whilst playing the early release, the game added at least 4 more expansions to the main game and they are now part of the main game. In one part Mass Effect wins. The graphics, there is no denying that the graphics of Mass Effect were really good, but we might see that an additional 80 staff members (and 90 million more) should guarantee that part. All this and as we know that RPG’s are set over time, so we can accept that growing the impact over time as we play might have given a few more options and a few more changes to the way that the game was played, giving the gamer a better game (and optionally a much larger game).

So as I have enlightened you on some of the flawed parts, there is now the link to the previous article to set. The longevity of a game as well as the IP is the sellable part of any developed game and in that part Subnautica is all about original IP and they got the IP to grow value, loads of value. Even as we see that Mass Effect is to some extent more of the same, they did grow their IP range, but only to a fraction of Subnautica. This now gets us to the setting that is the link. In the digital age the value of the service purchased is the money we invest in the product we thought we bought. You see, as gaming progresses, we see a dependency and as such we no longer buy the property, but we lease it in some ways and rent it in other ways. The gaming industry has no choice but to set the multiplayer sides into a renting foundation (buying with an open point or termination), whilst the single playing part (the missions) will be leased for the term of the console. Now consider the satisfaction you get from leasing a game that is rated at 72%. Are you willing to go on paying the amounts we see? At this point I have now shown you the essential need to properly test a game before release. You see, it is shown in the quote that several sources gave. With: “Following Mass Effect: Andromeda’s poor critical reception and lacklustre sales, BioWare put the Mass Effect series “on ice”“. So even as we saw some sources state a sales numbers surpassing $500 million whilst there was $100 million invested, so either the numbers given were wrong, or we see the impact of greed as others walk away from a $400 million milk cow. In that part, what were the true costs and why would any company walk away from a possible $100-$250 million in season pass revenue. This part and the issues had shown from several sources that the detrimental financial health of IP and IP value is shown to be at least to a larger part to be due to the flawed quality of proper testing. Ubisoft has been though it (Assassins Creed Unity) and as we see Bioware and Electronic Arts walking away from half a billion dollars, we need to consider beyond games and the value of a gamer, we need to see that the impact of IP is not set in stone and the quality of the product (or service) is at the foundation of what we think we purchase and what we expect to receive. In this there is the clear evidence of the flawed product that is Mass Effect Andromeda and the weird part is that I saw the flaw in the first hour of the game. This now sets the premise of the wrong players (read: business parties) that were in charge within Bioware and Electronic Arts. It is my personal believe that their marketing division has either too large a vote and they looked at the wrong sides of the game. This in a setting of a 100 million invested, how weird is that?

So now we get the treasure that the Cullens, Patent and Trade Mark Attorneys give us on their web site. With “Whether buying or selling a business one of the most overlooked aspects of the transaction is the intellectual property of the business. Proper identification, scrutiny and valuation of intellectual property will have benefits for both the purchaser and vendor“. It is the issue that is really the bread and butter of growing game developers. In this the word business can mean either that or it can be set to ‘product’ or ‘service’ and the realisation of this quote which is not new, shows just how flawed (or sloppy) Mass Effect Andromeda turned out to be. Now, we look at the bad sides here, but the game has loads of good sides too. Yet it missed the boat by at least 20% (72%, instead of 92%) and I lighted up 15% in the easiest of ways. The last part we see when we dig into the world of the game testers. Now I can relate here, because I reviewed and tested games for the better part of a decade. My knowledge and skills showed me the parts I illuminated and I truly believe that there are better testers than me, so that implies that none of them work for either Electronic Arts or Bioware which is statistically near impossible, so that means that the large investment was made on a flawed infrastructure, or at least that is as I personally see it. You see, the old joke (from when I was young) has been that it takes 90% of the time to fix the last 10% of a project. At some point highly educated graduates were hired in places where the foundation of art is the core of the business and they introduced the setting of ‘linearity’ of art based projects. So that a project is done at 10% a month and the last two months of the year were for testing, which is not how it works and not how it will ever work. Now, I simplified the idea for illustration, so it is not an exact given, but the clarity of flaws that Mass Effect Andromeda shows on day one of release gives the validity of my view and shows just how breached the concept of design linearity is (perhaps you remember the Ubisoft statement of ‘every year a new Assassins Creed game’). As such, I believe that the game lost out on massive revenues.

Now consider the two headlines:

“Bringing Mass Effect to a new galaxy isn’t quite the shot in the arm the series needed” or “Blown away in another universe 640 years later“. The first is IGN and the second one is one I came up with, if they had done a proper job. So would you buy the game if you read ‘isn’t quite the shot‘? Gamespot had “After the first few hours of Mass Effect: Andromeda, I was discouraged“, whilst Forbes gave us “I don’t think anyone will claim it outclasses the original trilogy, outside of maybe the very first game“, so a new game merely on par with a game released a decade ago. This is the setting of a flawed product and the fact that this was not seen in the beta stage of the game is questionable. So in an age of digital rights that are moving more and more from the permanent availability into a stage of temporary usage, where we no longer get to own the product, yet merely lease (read: rent) a product also requires others to realise that the game of gaming is shifting, and these players can only continue if they ‘up the quality’ of the product or service they make available. This shows in one way just how amazing a game like Skyrim is proving to be, the fact that the game still embraces gamers 6 years later whilst Electronic Arts loses the bulk of value of a product within 26 weeks. That is the evidence that shows that flaws are becoming a much larger issue for all in these fields and it shows that the players like Ubisoft, Electronic Arts and others as well, need to take a harsh look at what they offer and not merely listen to their own marketeers as the value of what they bring forth is now shifting whilst a product is in development, which is the third nail in the coffin for Electronic Arts as it took 5 years to get to a very much less than perfect place they ended up. I believe that the flawed setting can be improved upon, yet the people at Bioware better realise that the stakes are raised and they are raised by a lot, in that we need to ask whether they can match the needs of a shifted market.

I cannot answer for them, and like Nintendo Electronic Arts and Bioware are not out of the game. You see, even as Nintendo bungled the WiiU, they hit back with the Nintendo Switch, which is becoming a game changer in gaming. I believe that both Electronic Arts and Bioware can do the same, the question is whether they will, time (read: the next release) will tell. Should that fail, they could always move forward by charging their fans an additional $10 for a steel box of a game. Oh wait, they are already doing that with FIFA18, ahhh how the world turns!

 

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