Lawrence van Rijn - Law Lord to be | Journey to the Justice Brennan award

January 19, 2016 · 21:54

Calling a centre

It seems that BT is one of the first one making a step back, a step towards the old times. They are moving away from those bulk cheap Indian call centres. I wonder if they are just the first. The title ‘BT hires 1,000 UK staff after complaints over Indian call centres‘ is not wrong, but I feel it is misleading. The article (at http://www.theguardian.com/business/2016/jan/18/bt-hires-1000-uk-staff-after-complaints-indian-call-centres),

I have had my share of experience with Indian call centres. The quote “The recruitment drive follows reports from customers that they preferred speaking to people in UK call centres rather than Indian staff based in Bangalore and Delhi. BT said the new jobs would be “frontline roles” in customer care“. You see, there are many places where the solution might to some degree work, yet the UK is different in many ways. They excel in dialects and expressions, so when an Indian call centre has an employee that would speak ‘English’, the idea that all versions of English are the same, they will come back from a cold turkey dinner with an added icy cold shower.

The fact that 80% of the call must be repeated because the friendly voice on the other side did not understand it is at the core of what is wrong, and it is one of two massive issues. In all fairness, none are actually the fault of the friendly voice on the phone, they are the core of the issue the flaw of the boss of his/her boss, likely even one level higher. Talking to someone in England in BBC English works perfect for the person on the non-Indian side of the phone conversation, the person responding is for the most ignorant of the BBC English condition and before the Indian call centre operator realises it.

So when the call starts and that person hears “I needed a bullseye before going off to Bedfordshire, now the fast sausage and mash machine has gone bollocks and ate me card!”

How long until the call centre operator gets a clue that the man is trying to get $50 from the ATM and it swallowed his bank card? It could take 10 minutes just to get that sentence translated. I know it is an exaggeration, but consider how inaudible some dialects are especially from people in places like Hounslow or Cardiff. Now most UK people have a small problem comprehending people from there, so how will someone in India have a clue? These examples are a little out there, yet considering the vast wealth of expressions and dialects, the issue remains and for BT and some banks, the Indian call centres are not a solution, they never were and I personally talked to people in the late 90’s where that prediction was clearly given, yet it was all about cutting costs and getting a solution where people could live with a degradation from 100% service to 80% service, not just in the UK, this issue is nearly global.

The second issue is even more of a problem, again, the kind Indian voice should not be blamed, for the simple reason that this was all management. To get a certain path, people were ‘taught’ scripts and clear paths of choices. Almost like the automated system when you call places like Telstra, Optus, Vodafone (and Vodafail too) and many others. The system that takes you from choice to choice, a path with 1-5 choices, the call centre person got a similar path, and for 70% it works, for 70% of the issues, that they are receiving a call for, that gets resolved. Yet the other 30% are out of luck. The system is unrelenting and the call centre was not allowed to deviate. Having have worked as a Technical Account Manager in the service field, I saw and have been through many iterations where the customer has that 1% flaw, a dozen a day, data fields can be a relentless one and as more systems interact, more flaws creep into the connectivity. Now add the language to the procedural part and yes, now 1 in 3 would have an issue and the call centre would see new escalations on how one would infect another and soon the system was unworkable, the call centre person never had a clue on how things went from bad to worse and the worst part is that this is not some average count, in this system, the issues stack, so we get issue on issue with an ever increasing population who go from ‘tolerating’ to ‘extremely oppositional’.

A flawed system that came into play from the need of cost suppression. A sales driven industry that would never properly value the power of quality service, interesting is that it took this long to realise it. or is the issue not really costs, but the need for having home shaped jobs, more and more are needed in a current economy where local jobs are essentially more important.

In all this, we now need to consider the following: “But while BT performed badly overall, data on how quickly telecoms firms resolved complaints undermine reports that customers find it hard to communicate with Indian call centre staff“. Here we see two parts, the first one is ‘how quickly telecoms firms resolved complaints‘, there was not a technology part, for the most the issue was communication, clear communication both ways, when you consider that the UK population side does not speak BBC English (apart from perhaps those in the BBC building, and those in that large London donut), so as far as I can tell, most issues could be easily resolved though ‘proper’ English and the actual issue when identified would be resolved almost immediately. The part ‘hard to communicate with Indian call centre staff‘ gives the other part from the resolution, but overall there is another question, how do the numbers hold up when every case from beginning to end is checked on timeframes and quality? The given statement might not hold up, for the simple reason that the operational system is still an issue that path will not be the greatest issue when it is all in the UK, but overall there is an operational side that is not addressed. What operational call centre solutions will become part of the BT frame? Because the data that follows will need to be monitored and even as places are ‘preparing’ for the new solution, the question that follows is ‘are the right metrics being considered?‘ When we take that into consideration, we would need to see who will be looking at those metrics. A sales person will look at different metrics than a solution, service or consultancy manager, even though the consultancy manager is about sales, it will be about the satisfaction of the sold solution, so there will be a much stronger overlap.

The question now becomes, what will be the next hurdles for BT?

The infrastructure and the technology is one, the IT and the call centre system will require different solutions today than most solutions offered a decade ago, are those solutions up to speed to remain scalable, evolutionary and easily deployable? You see, the Indians who developed those solutions have created a decade of infrastructure expertise, that knowledge is partially lost to the UK solution industry.

the final quote to consider is “It said staff had recently agreed to more flexible working hours, to make sure calls could be answered from the UK at the weekend and in the evenings. “This demonstrates the commitment from everyone at BT to work together to improve customer service and to make things easy for our customers,” said Barr“, part of this has always existed, many places, including in the late 90’s required solutions to be working for a longer time. In that part there are two solutions, one is the variable times, which are at the current core of the solutions, in some cases (possibly not in the case of BT) is to have a time zone coverage, where large corporations have coverage in Europe, the US and Australia, creating a near perfect 24 hour coverage. When one call centre shuts down, the other one starts, or has been operating a few hours, meaning that any issue not dealt with in call centre one, the one to the east will pick up those issues as well as the ones they receive until they shot down, this moves forwards and in that solution a global service system comes to play, that level of service is now more and more required, because saving money was only an option where sales is king, in a system where sales is no longer staying up to speed, services needs to create a pillow for new sales and new steps to higher revenue.

That time is now returning, or perhaps better stated, the core of business needs to return to their home fields. In a state where mobiles rule, where Telco’s can be started from a living room with the mere need to have access to bandwidth to sell on, the home field advantage relies on service and interactive response, that step is now the place for the larger home players to get back their consumer base and from that step, reclaim the foundation of income to return to those large players. The sharks are returning and they are getting rid of the pilot fish that have been feeding themselves on too much food, the shark has been hungry for too long.

In that example, we all understand that in the healthy environment the shark will need, allow and even require the pilot fish. Yet as its food supply has been reduced to a mere fraction of what it was, the shark needs to evolve into being better and more efficient in devouring the food it gets, as there is less. So it sucks to be the pilot fish, but for too long every shark had not one but 5-10 pilot fish around its teeth, that part can no longer continue, whether those 5-10 were ‘validly’ there. In the end, cutting costs for those banks might have been a jump that is a lot more expensive than they bargained for, which will be at the centre of the numbers that the new call centre solutions would be trying to show in the pursuit of growing their grades, qualities and key result areas. So where is the flaw in my last statement?

You see, past the shark we get the issue that it was about cheap that was not, which is not completely correct, it is the change towards the new location that is the new cost, not the lack of old profits. We can argue that the not predicting that change is short sighted, but is that the flaw of the past, or our obsessive need to lay blame in the now?

It seems to me that BT is only the first in many, for those who have the quality and the knowledge, this will be an evolving field of need. Personally I see that this could be a potential job bringer to places like Scotland and Wales. When this evolves into a separate global call centre with a global coverage, those who have it will come to a decent growing field, a field of need where for the last few years there was none.

You see, there is another side in this, in the last few weeks there have been reports from places like Digital India we see titles like ‘Digital India will take off on the strength of call centres in small towns‘ (at http://indianexpress.com/article/business/business-others/digital-india-will-take-off-on-the-strength-of-call-centres-in-small-towns-ravi-shankar-prasad/) which makes perfect sense for their local market, a local market that has been evolving for some time now. Now consider the quote “There is enough data work available in the country (to be handled by these centres)”, which remains a fair call, yet the article is absent of international parts, which is a little odd, considering that this is about Ravi Shankar Prasad, Minister of Communications and Information Technology. Yet, in that same line of thinking we now get lines like ‘Serco on the road to recovery with £250m sale of Indian call centre business‘, Serco seems to be on a road, leaving that outsourcing solution to Blackstone.

The issue is a little hard to set, as Serco has had its fingers in so many pies, many failing to a larger extent, so that issue on Call centres is not easily settled here, but consider the dive they took by ridding themselves of it at this time and at the massive discount it was sold at, it starts to form a speculated pattern. You see, the fact that Indian call centres are all growing in their local market, and ‘speculated’ must remain the operative word here, because the needs of one Telco, does not give way to an early summer feeling in the employment market. For that we need to take one additional look to the BBC article (at http://www.bbc.com/news/magazine-31762595), called ‘The country training people to leave‘, the quote there is ““British companies love us because our English is not accented. The brightest graduates from our universities fight to get a job here. We only take the smartest kids. And after we’ve finished training them they even get your British sarcasm,” says Tubbs“, which is actually at the heart of the matter for one of the Indian issues, yet the part that is not addressed is that India had grown a strong infrastructure. That part was shown in the NY Times a year earlier, “The 2.2 million vehicles a day that grind away on Manila’s crumbling road system cost the country 876 billion pesos a year, or more than $20 billion, in lost productivity and wasted energy, according to a recent study by the Japan International Cooperation Agency. That is a serious drain on an economy of about $250 billion“, now add to that “Manila is plagued by power failures, chronic water shortages and an antiquated telecommunications system“, I am taking the airport out of that equation, which remains an issue too. The bottleneck was not addressing the growing options that required a massive overhaul, now it is too late, the power from Manilla in language was shown, making the move back to the UK an easy step. Consider the earlier BBC article, which gave “the government teaches thousands of people the skills they need to get jobs abroad“, we now have a rolling economy moving back to the UK, with additional options for workers who could be relocated to the UK should the call centres run dry on willing staff, even more optional is getting a hold of all that call centre staff, should the UK market not be providing enough early on, the UK has options to home grow a market they had lost, even more important is that this is a service filed Scottish workers could be trained in, giving additional solutions when the cost of corporate costs in the greater London area falls short, that is providing Birmingham does not pick up this opportunity.

As stated, it is speculated, but I see that BT has opened a door, a door that remains ajar for others to consider. Even if they are not in the UK, large US and Japanese corporations requires more and more the need for service solutions in the European timeline, the Indian solution was not the success they expected and the Manilla crises will continue at least 4-5 years, that is, if the infrastructure gets a massive overhaul as per immediate, if not, they lose the market too and Europe is hungry for real revenue, revenue that requires a service solution, one they had abstained form for too long.

Will this pan out correctly?

Even as the Philippine government is projecting a 15% growth from 2014 onwards, getting it from $11 billion, to $15 billion this year, the issue remains infrastructure, they have no real solution and the issues started to play in 2014, whilst no true overhaul had commenced, which means that it needs to address a near 32% growth and need in resources, whilst Manilla has no way to deal with it. This means that the summer drains will leave systems collapsing, something that we would start to see soon enough, it also means that those with Manilla support choices will need an alternative they did not bargain for. So the BT move is timely (in Philippine terms), if not essential to their path to repair.

Whatever comes next will be interesting to watch, because when that move does go forward, it becomes interesting to see how the larger corporations deal with their vested interest in places like Germany and France. In that regard, BT’s step (as stated by the Financial Times) comes with additional needs, as Sir Mike Rake saw the outsourcing as an ‘Achilles heel’, which might have been an understatement. In all that, Deutsche Telekom, who is connected in all this, might be seeing new trends to insourcing (pushing for could be a better word), as it also closes the door for the UK to leave the EEC as insourcing becomes more and more successful, which means many business players will be pushing for this success.

That part has additional reasons when we see that Sir Mike Rake, possibly UK’s largest Europhile in history gets to voice on how UK business at large does not want any form of Brexit, a move that can be given strength as call centres will grow in need within the EEC, which is just what the UK Conservatives hoped for, they just never expected to get saved by a call centre, which is amazingly hilarious in its own right.

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Tagged as Bangalore, BBC, BBC English, Brexit, British Telecom, BT, Call centre, Delhi, Deutsche Telekom, Digital India, EEC, France, GCHQ, Germany, Indian call centre, insourcing, London, Minister of Communications and Information Technology, Philippines, Ravi Shankar Prasad

January 18, 2016 · 19:43

The line of privacy

I have a decent grasp on privacy. I tend to give it to others as much as possible, moreover as I on average do not really care about their private lives. This sounds harsh, but consider the facts. When the person isn’t family, or directly connected to you, how much do you actually care? Some people do care to know everything, but that is another matter entirely. So when ZDNET and a few others published ‘61 agencies after warrantless access to Australian telecommunications metadata‘, I was initially in that mood of, ‘oh yea, whatever!’ You see, when I see names like ‘Australian Financial Security Authority’, I reckon financial planners will get jumpy, but is that about possible ‘dubious’ choices, or their need for privacy? You see, one implies the element of a transgression, as such it becomes debatable whether those actions are to be lauded with non-access.

With a player like Clean Energy Regulator we see an industrial access need, and I very much doubt whether they are interested in individuals. But what happens when we see that groups like Bankstown City Council, Racing Queensland, Office of the Racing Integrity Commissioner (VIC) and the National Measurement Institute, I start having questions (especially regarding levels of sanity).

Let’s consider the access: “warrantless access two years’ worth of customers’ call records, location information, IP addresses, billing information, and other data stored by Telco’s“.

Now, I will be the last one to questions access by ‘valid’ organisations and even looking that the ‘alphabetical’ list the locations of the redacted names does not seem to include ASIO and ASIS, who have a clear need for that access, but can anyone explain why Bankstown City Council needs that access? In that same line we can add both Racing Queensland and the Office of the Racing Integrity Commissioner (VIC). If there is an investigation, it should go via the police of the correct channels. I see zero, I say again, zero reason to give those three access. Before we know it, we see Waverly City Council and perhaps even Chatswood City Council. How long then until all that data becomes available ‘for a special price’?

There are a few others on that list that require scrutiny. Do you really think that industrial transgressors wanted by the Department of the Environment will use their own phones? How much wasted man-years will we face as those untrained individuals try to make sense of 23,644 burner phones, which is just Sydney. In all this it seems to me that those requiring access will after that have an issue with processing data, which means more software, more failed levels of security and even more data transgressions. This must be the heaven that Rupert Murdoch dreams of. Data all accessible behind a server guarded with the admin password ‘qwerty’ or perhaps even ‘password’.

Yes, there is a massive issue here and the magazines including ZDNET (at http://www.zdnet.com/article/61-agencies-after-warrantless-access-to-australian-telecommunications-metadata/) mention the names (minus the redacted ones), we see the additional quote “Of the agencies and departments given access to existing information or documents to enforce a criminal law over the 12-month period, and not included on either list released by AGD, or known to be an enforcement agency already“, we now see names like RSPCA Tasmania and The Hills Shire Council, when we look at one of the websites (http://www.rspcatas.org.au/ for example).

We see in the about section: “The RSPCA (The Royal Society for the Prevention of Cruelty to Animals) is the voice for the animals of Australia. We defend their dignity and fight to stop cruelty. We offer shelter, education, medical attention and love. We are animal protectors, carers and guardians. We bring solace to abandoned, surrendered and injured. We prosecute those who would harm them. And we fight for the humane treatment of all living things. Our job does not stop at animals. We believe behind every animal is a human being who is in need of guidance, encouragement and help“, which is a nice fluffy and caring text. Nothing wrong there. So explain to me, how a place like that has a decent level of cyber security, with in their office pool an IT person with CCSP certification or higher and a few other skills. You see, when these skills are absent your data will be up for grabs. Perhaps that is outsourced, meaning that additional people have access to all that data, have those places been properly vetted? So on an island of 515,000 we see this level of personal data access requirements? My initial follow up questions would than become, of all those funds required from the donations, how much ends up going to animals?

In the case of the Hills Shire Council we can have a lot more fun, their community profile (at http://profile.id.com.au/the-hills/population) gives us “The Census population of The Hills Shire in 2011 was 169,873, living in 57,205 dwellings“, why for the love of whatever is holy (or named Cthulhu) would THEY need that level of access to data?

In my view we should start asking a few questions regarding the mental health of whomever gave that level of access. I am guessing that this was Attorney General, George Brandis, which basically gets confirmed in the Guardian Article (at http://www.theguardian.com/world/2016/jan/18/dozens-of-agencies-want-warrantless-access-to-australians-metadata-again). As we see the quote “the government narrowed the definition of an “enforcement agency” that was eligible to access telecommunications data to a shortlist of law enforcement agencies, including the Australian federal police and state and territory police forces“, my initial thought was ‘that makes perfect sense’, yet in that light, how the flipping Divine Comedies did RSPCA Tasmania make that list?

The Guardian in light of all this ends with a comical quote “This method was taken to allow the Australian Border Force to gain access to telecommunications data without needing to gain approval from the Attorney General’s Department or the intelligence committee“, which is interesting as this implies that the Australian Border Force has less access than RSPCA Tasmania, which would make perfect sense if you are a golden retriever.

So apart of the access and the lack of insight here, has anyone considered how that data is to be read, analysed and processed? In addition, when we consider the access level of applications, the support and very likely (read: extremely likely) the levels of consultancy needed, what else is missing what will this cost the taxpayers in the end? I can tell you now that such solutions are not cheap, not easily implemented and did I mention the security needed for keeping that data safe? Even if this all goes through clouds and remote access, how long until a volunteer looking after cats will leave that password accidently out in the open, or even worse leave that system logged in and unattended?

As stated, I would never object to the actual law-enforcement agencies to get that access, but it seems to me that too large a group on that list is nowhere near that level and even (read: especially) when we consider groups like Greyhound Racing Victoria, why are they not going through police channels?

I see both articles and no one seems to be asking the questions that need to be asked. Questions that had to be asked extremely loud and very nearby after a mere 30 seconds of reading those articles. By the way, when reading the ZDNET article, it is the article that follows that is cause for even more questions.

One of the quotes is ‘the Many Layers and Tools of Digital Collaboration Today‘, which is nice when it is a mere graph of generic data. In that we might not care, but in the issue of ‘call records, location information, IP addresses, billing information, and other data stored by Telco’s‘, which includes all your personal data. Consider the following quotes “employees and departments are helping themselves to the tools they believe they really need. At the same time, companies are steadily dealing with what is now too many categories of communication and collaboration software to adequately manage and govern, much less individual apps” and “The issue itself is perhaps best demonstrated by the rapid rise of Slack, the current darling of team chat and wildly popular with its users. In many of my recent conversations with IT managers, I find that Slack is invading the workplace on many fronts, regardless whether it’s sanctioned or not” and finally “The top categories of apps today include VOIP, Web conferencing, e-mail, unified communications, IM/chat, file shares, file sync, CMS/DMS, intranets, discussion forums, enterprise social networks, relationship management platforms (including customer-facing CRM), and last but not least, online community“.

Now remember, the second article (on the same page) is not connected to the first, but consider the cloud and the explosive growth of so called ‘tool apps’ and the utter lack of in-depth security and access checking, how many back doors are organisations creating through such tools, with access to your data? Weirdly, I would never hold a bad thought for a volunteer organisations like the RSPCA, which is exactly why they should have never ever been given access to data like that. For the mere reason that cyber security cannot viably be maintained.

Whomever boasts on the security of places like Slack is in my view decently nuts. When we see interested players like Accel, Andreessen Horowitz, Index Ventures, KPCB, Spark, and Social+Capital, the first thing we will see fail is a pressure to release a new version and there will be the need of security patches (which is a reality), this also means that data would have been unprotected. The mere intense need for Common Cyber Sense is that boss who wants that new version, because the presentation looks cooler. Even when we ignore the issue of Slack, we still see an exponential growing app base, with access all over the place, which means danger to the data. Even when remotely accessed, even if that connection is secure, too many places get access to data they should not have access to.

When we hear people state that servers have access limitations and more of the mumbling, here is a simple word of caution, something I personally witnessed. There was a financial software program. It was a good and legitimate program. The small issue was that when the program accidently crashed, that person remained on the data server with rights of an administrator. It took them 2 weeks to figure out it was happening and another 3 weeks to repair their system. Consider something like that happening today and with the ‘upgrades’ Microsoft requires on a too regular a basis, can we even risk this level of access to the expanded group that has too limited a grasp (as I see it) on what constitutes Common Cyber Sense?

I wonder how long until we get a carefully phrased apology from certain high ranking IT elements, who will offer their resignation and walk away with a 7 figure handshake.

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Tagged as Accel, Andreessen Horowitz, Attorney General, Attorney-General George Brandis, Australian Border Force, Australian Financial Security Authority, Bankstown City Council, Cthulhu, George Brandis, Greyhound Racing Victoria, Index Ventures, KPCB, National Measurement Institute, Office of the Racing Integrity Commissioner (VIC), Racing Queensland, RSPCA Tasmania, Social+Capital, Spark, the Guardian, The Hills Shire Council, ZDNet

January 16, 2016 · 20:04

Twilight in your pants

This is not about medication, or even about flaccidness (other than the flaccidness of the economy or politicians for that matter). No this is about changes, about the need for governments to do a lot more than wake up, because that knock on your door is no one else but the grim reaper informing you that time is up, with the additional request to follow him into the next room.

Yes, this sounds like drama and entertainment, but it is not. At present, the changes that will hit us can impact our retirement funds, they will hit our lifestyle and it will most definitely hit the cost of our living. All elements of a situation I send warning about. So now we read ‘US stock markets take a major fall as Dow reaches lowest level since August‘, where (at http://www.theguardian.com/business/2016/jan/15/us-stock-markets-fall-dow-oil-prices-china), the quote “the Standard & Poor’s 500, the index of America’s biggest companies, falling 2.2%” might give view that there is not a large event going on, but that is alas not the case. The two quotes “the markets’ decline has put “a negativity across the economy, a negativity to every CEO looking at his or her stock price, a negativity about business”. He also warned that the oil price, which on Friday settled below $30 for the first time in 12 years, could fall as far as $25 a barrel or lower” as well as “We’ll probably have to test the markets lower, and I think when we test the markets lower it’s going to be a pretty good buying opportunity”. These two give view that waves are coming, but when we look at the reality of any market and any season, there will be indications that sometimes those markets are up and sometimes they are down. So why exactly is this a big issue?

Well, that part is seen in “The falling oil price and disappointing retail sales data released on Friday have pushed back expectations of when the Federal Reserve will next increase interest rates“, yet the question is, was this all about the oil, or is this about the hidden text, the mere mention ‘disappointing retail sales data‘, which in a long down economy should not be a real surprise. The text “retail sales declined in December to make 2015 the worst year for US shops since 2009“, as well as “retail sales dropped 0.1% compared to November” was set in two separate paragraphs as to confuse the reader with a half sentence, but consider that November preceding the shopping needs for Christmas was 0.1% higher, this gives a clear part of the problem, because consider all those temp workers, with economy that bad, how can they hold on to their jobs? Their bosses cannot be blamed here. This is about an economy that had been ‘spiced’ up in reports and then failed to deliver. Something that we all should have seen coming.

The second story confirming all this namely ‘Wall Street plunges after poor US manufacturing and retail sales‘ (at http://www.theguardian.com/business/blog/live/2016/jan/15/oil-prices-slide-back-towards-30-heading-for-10-weekly-loss-business-live), gives more information. Now I’ll add the quote “On Wall Street, the Dow shed more than 400 points, a drop of 2.3%, and the Nasdaq is nearly 120 points off, a 2.7% decline. The FTSE 100 index is down 2.1%, France’s CAC is off 2.8% and Germany’s Dax has lost nearly 3%” but I’ll ignore it for the moment, you see when we see “We now estimate that real consumption growth was a disappointing 1.5% to 2% annualized in the fourth quarter, with overall GDP growth at an even weaker 1%“, which comes from Steve Murphy, US economist at Capital Economics. So, Mr Murphy, which part of a weak economy, people out of jobs, people forced to work two jobs to get above the poverty level, what did you expect them to do? Ignore their hardship, whilst they realise that bills are due a mere week after Christmas? Neil Saunders from retail consultants Conlumino adds to that conundrum by adding “A relatively weak product line up in electricals failed to capture consumer interest, resulting in a sales decline of around 3.5% in December; and although sales picked up the latter end of the month, clothing also put in a lackluster performance thanks to warmer than average weather“, so he is stating (considering the group mentioned earlier, a group that impacts well over 15% of the US population, in addition, the group that is somewhere between 25% and 30% is just getting by. That gives us close to 50% of the population, do you actually think that these people are interested in an Electrical product line? Did you not consider that well over 50% of the US population is not interested in a new 3D TV, but will find whatever cheap option available, in addition, if the current TV is working, they will try to skip it for a year. Did you not consider that? As for the fashion part, the fact that it was also US’s wettest December on record is ignored, so those people did not pay for things like coats, boots and so on? Umbrella’s perhaps?

So even though it is not the coldest one, it might not have stopped a collection of ladies to buy something for the Christmas occasion, they would still have needed clothes, perhaps your consideration is off?

You see, these people project and make conjectures based on flawed data sets, in addition, as they make the call for needs that might be, they are ignoring the needs that actually are. A functioning economy being the first part of it. In all this the UK is not outside of the scope either. This we see in the third article called ‘Bank of England bans two former Co-op Bank chiefs from top City jobs‘, the article (at http://www.theguardian.com/business/2016/jan/15/bank-of-england-bans-co-op-bank-barry-tootell-keith-alderson-top-city-jobs). These three articles were not randomly chosen. Let me add the following quotes “Two former bankers at the Co-operative Bank have been banned by the Bank of England from holding senior positions in the City after being found to have posed an unacceptable threat to the company’s financial position“, we also get “The Bank is fining Barry Tootell, a former Co-op Bank chief executive, £173,802, and Keith Alderson, who ran the corporate and business banking division, £88,890“. Which might leave us with the thought that a fine was given, so what is the hustle?

That we get from “Banks that are not well governed have the potential to pose a threat to UK financial stability. The actions of Mr Tootell and Mr Alderson posed an unacceptable threat to the safety and soundness of the Co-op Bank, which is why we have decided a prohibition is appropriate in these cases”, which sounds awesome and in that, similar steps should have been taken against many others for amounts many times higher than those mentioned. Yet, what is still the issue?

Well part of it is seen here “It cites moves by him to change bad debt charges, which in one instance which had the effect of maintaining the bonus pool“, which is an issue to one end, yet the other part “The Co-op Bank has already taken steps under previous rules to withdraw £5m of bonuses from a number of employees and there is no prospect of clawing back any more bonuses“, you see these things happen and as such there will be consequences. The final quote “The Bank of England did not find Tootell or Alderson deliberately or recklessly breached the rules and did not make findings of dishonesty or lack of integrity in issuing the bans and fines”, gives us the issues to work with. So as stated, the quote “the potential to pose a threat to UK financial stability” is now at hand, because even as those two had senior positions, they still reported to others, they reported to a board of members at the very least. The two might have been fined £261K, but how much in bonuses have they acquired?

That issue can be seen in the first part as stated earlier “did not find Tootell or Alderson deliberately or recklessly breached the rules and did not make findings of dishonesty or lack of integrity“, so if that is not the case, why would there be an issue? If there was no deliberate or reckless, than why are they held to account? There were no guilty parties? So those two are either patsies, or they have the goods on multiple others and they are ‘let off’ with a possible bonus option down the line. In all this we see a few issues. The first, as I see it is that pushing two people out is merely a hollow gesture. Which also connects to the US, as given in “to pose a threat to UK financial stability“. You see if that is true and these small fish are indeed a danger, why are the big fish not acted against? Someone hired these two and mentored (and hopefully monitored) these two. The fact that they are merely ‘senior’ also implies that there are a few involved members that they reported to, are they not bigger threats?

The article ends with “the current management team continues to progress the turnaround, having raised additional capital, achieved considerable de-risking and improved brand metrics“, so how much of a risk does Co-Op remain to be. More important, why is a market research metric an issue here? You see ‘improved brand metrics’ sounds nice, but how much does it matter in the scheme of things? We all accept that brand metrics matter, yet in this light, is this truly about ‘branding’? Perhaps this is about the issue of ‘de-risking’ which also impacts branding, but de-risking is all about the bank not becoming the next ocean floater. So are we misinformed? Yes, we are, but embossing was never really illegal (it is the existence of marketing).

In this, the press has little blame, it is what they are told and as such, in this case, I am not having a go at the Press. What is partially the issue is that these articles are at the foundation of things that have been known, issues that are set or expected, but in all this, the governments and their over optimistic reporting has not led to serious questions and questioning by the press either, which is an issue and remains to be so. That part is now gaining visibility when we see that two senior executives are banned with the reasoning ‘a threat to UK financial stability‘, I am not stating that this is not the case, but the fact that two individuals can have this strong an impact is equal worry on how the banks high executives could have allowed for such risks to remain in place, moreover, the fact that this is done to these two, why are their bosses not mentioned or part of the conversation as to what is regarded to be ‘a threat to UK financial stability‘? That part is clearly missing.

This now reflects back to the US.

For this we need to take an academic step back in time (see the TARDIS on your right). On August 19^th 1988 Richard B. McKenzie wrote ‘The Twilight of Government Growth in a Competitive World Economy‘. Initially he focuses on “Technology is gradually eroding the monopoly power of government and is thereby reducing people’s incentive to control governments (or the people who run them). This is the case because the capital in capital-ism is becoming far more elusive and far more difficult to control–by governments“, so we see a view that in 1988 someone reported on the dangers on how technologies might enable big business, but will cause erosion within governments. Simply stated, most governments are confronted with the twilight in their pants, flaccid and to some even regarded as redundant. His paper is more about the impact on technology, but there are a few gems that have been ignored by spokespeople and reporters at large. The quote “Democratic governments are necessarily constrained by the rules of politics. For example, these rules require that a majority of the voting representatives approve fiscal and regulatory policies. Rules of democracy also force politicians to face periodic elections and to be held accountable, within limits, for what they do. If politicians raise taxes and expand business regulations, they have to consider the possibility of being turned out of office“, might be accepted as a mere fact, yet consider ‘voting representatives approve fiscal and regulatory policies‘ and ‘the possibility of being turned out of office‘. Now we get the issue that has been playing for almost a decade. By not approving fiscal and regulatory policies politicians could stretch their time in office. So, is my premise correctly, by stating that acting has consequences, does the inaction guarantees the opposite? Proving one is not a premise for proving the other, yet in all this, we see the elements of the economy that has been plaguing the people since 2005. Now consider the following: “In general, a growing number of policymakers see a need to make America ‘competitive’ again, mainly by releasing government constraints on capital and income“, here I am not in agreement. Actually I am, providing that accountability will be taken into account and as such accountability will become a massive part in the change we require. Here we see the link towards the UK, the banning sounds nice, but until what extent? How can some be ‘punished’ whilst we see stated that they never deliberately or recklessly breached the rules? Which might be a discussion for another day.

So where do I stand?

Is this the case that these events are mere flickers of the light? This remains an option, we are all fixated on the US and their 18 trillion debt, the UK has a trillion and small change in debt and both are realising that they have degraded their populations as upcoming slave labourers for whomever holds onto those debt slips. I admit that this sounds ludicrous, but is it that far-fetched? Consider the loans you have, ALL your loans, now consider the loans your government has, and now consider what happens when they default. Do you think that things remain the same? No, your loans will now suddenly be adjusted due to risk and you will end up with an additional 2%-10% (there is no way knowing of how much you will face). Now, some will state that default is an illusion and that the no government will default. Really? How long until we all realise that Greece can no longer be saved? They call it ‘debt forgiveness‘, but it remains a default. Carmen Reinhart is Professor of the International Financial System at Harvard seems to be trivialising it in an article, as I see it (at http://www.afr.com/opinion/signs-of-sovereign-debt-default-loom-20160110-gm2s05), we see quotes like “creditors may be overstating its potential external impacts“, which might have been true in the past, but we see little regard on the impact of the Euro when Greece defaults. There is no way it will not impact. The bulk of the Euro nations are so deep in debt that these hundreds of billions will impact them. I reckon the day that happens it will not be a good day to be a Greek outside of Greece. These issues are elements of a needed change. We need to make big changes and they will have to start this year. Every year that changes are delayed means that less people will have any options down the road. It is the direct and pragmatic approach to triage in an economic environment. There are no shortcuts to resolving any of this. There is only the harsh reality of changes, legislative, regulatory, procedural and then operational. It can only be done if all are aligned in that same goal, which implies that politicians should be left out of it (even though that is not a reality). The action by the bank of England might be a first spark, yet it is a spark that might go nowhere, if you doubt this then contemplate Tesco v Pricewaterhouse Coopers [2015], when exactly did that happen?

We need change, massive change, it was stated by many, not just me, but when will it come?

Here is the crux of the danger we face, whatever change we need, it needs to be implemented by politicians, all fearing the flaccid twilight in their pants. In France Marine Le Pen is trying to force change, to give France to the French, this scared Hollande and Sarkozy to the extent that they collaborated in a coalition, just to keep any victory away from Le Pen. Consider that part, two political opponents collaborating BEFORE the election, regarding who will win. That is what nations face. In my view that action was not about the good of France, that was about keeping the status Quo for big financial behemoths like Natixis, one of many who would lose out on billions when change happens. So as we see we need change, we are confronted with the people who have, as I see it too many self-interests at play, how can this ever go right? In that same way we have Nigel Farage in the UK. Here the UK has an advantage as the Conservatives have been trying to get the damage down as much as possible. It has been a bumpy ride for them, but there is progress, even as the waters seem to work against them, the UK is moving with many more options than the US or Japan has. The other Euro players (those with the Euro) are nervous, their nervousness increasing every day and faster as we see the back set by markets. In that regard, other nations have their own issues that are pushing things down. The Dutch pensions have breached solvency levels. They are below the required 105% levels, some have it as low as 101% and one even at 99%. They are facing the issue of combined value of pension assets fell by £6 billion, rising bond yields reduced the total liability by £20 billion. How will those be further impacted with the economic forecasts as they are diminishing and even further when those who invested in government debts see that the first one, Greece can no longer pay them! What do you think will happen? Are these just bad panic mongering words?

Can we perhaps consider that as events of the last few years have unfurled the way I expected, when they did not (as some did), we only saw a mere setback in the critical timeline, only to see these events come again with a much higher need for funds. In all this many forgot about Norway and their dwindling profits. As their wealth was oil and oil went from price X, to price X/4, their deficit went through the roof. Norway started to use their oil funds to plug their deficits. A story that got to Bloomberg, but did not get the visibility it should have had, because it gives us another nation that is not able to pull its own weight. I do not mean that in too bad a way, only in the realisation that the nations that have an economy where its governments have correctly budgeted for the year has now been reduced to less than 5, it is a stretch that Greece can topple the EEC, there is however the issue that the pressure from Greece will reduce the error margin of Italy and France to 0%, which is really a bad thing.

So will politicians remain flaccid admiring the twilight in their pants for the neediness of their own future, or will we finally see the first drastic legislative changes we need to charge up a start to regulatory changes?

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Tagged as Bank of England, Barry Tootell, bloomberg, Dow Jones Index, Hollande, Keith Alderson, Marine Le Pen, Natixis, Nigel Farage, Richard B. McKenzie, Sarkozy, Standard & Poor, the Guardian, Wall Street

January 13, 2016 · 20:23

To do or not to do

Weirdly enough, the act, the thought and the interest is not new. The ‘wisdom’ has been seen as early as the 60’s in public toilets.

Socrates tells us that “To be is to do”
Jean-Paul Sartre states that “To do is to be”
Frank Sinatra taught us: “Do be do be do”

Socrates, or So Crates as Keanu Reeves called him, started the thought, yet in the 19th century French philosopher, Sartre, who also dabbled in playwrights, novels, biographies, literary criticism was also a political activist. In his philosophical views, he share the view of Existentialism, where philosophical thinking begins with the human subject, hence, we can ask whether he should be on the side of So Crates. Even as Existentialists are often seen as ‘too abstract and remote’ from concrete human experience, we might wonder, because of the actions of Sartre whether he was a true Existentialist. Perhaps he was an academically inclined individual on the path of applied logics in the evolving field of pragmatism. His view on Phenomenology, or over simplified ‘taken intentionally as directed toward something’, as some might see it as ‘the hammering of a nail’, yet in all this, does one consider that the nail ‘just’ is?

So where is this going?

Well this is about a BBC article titled ‘Did Sean Penn break the law with El Chapo interview?‘ (at http://www.bbc.com/news/world-us-canada-35228910).

The quotes that are in question is “In his Rolling Stone piece, Mr Penn talked about the use of burner phones and other methods used to escape detection by authorities. Many people have wondered whether Mr Penn broke the law with his reporting – and whether or not he could be prosecuted“, so is there really a ‘group’ of many people, or is there a select group of some people in specific positions? By the way, burner phones are used in a massive amount of ways by people in many circles, the financial circle for one, the intelligence circle as another side and both have been illuminated by novels, TV shows and movies in a massive way, so why mention this part at all?

The quote ““Simply having contact with a known narco-trafficker is not the basis of prosecution,” said Daniel Richman, a professor of law at Columbia University and a former federal prosecutor” is equally important, because as is, why place this article in such light? Because some people are as the quote gives “his interview has made people uncomfortable“, really?

Why is that? You see, many people (many thousands) in the UK have been extremely uncomfortable with the Tesco affair and the involvement of Pricewaterhouse Coopers, how many people have shone a light on this within the BBC, or any other large media outlet for print or multimedia?

Would the answer be Zip or Zilch?

The last quote in the article is actually interesting “As Cesar Diaz, a former senior special agent who worked on investigations of Pablo Escobar, a Colombian drug trafficker, said: “If I was a Mexican authority, I would want to know: How in the heck did Sean Penn know where El Chapo was and we didn’t?”“, most likely he is deceiving the listener with his statement, you see, very likely El Chapo knew exactly where Sean Penn was, not the other way around and as such, one was brought to the other, Cesar Diaz actually knows this. Perhaps he is steering away from the issue that CNN gave light to (at http://edition.cnn.com/2015/07/15/americas/mexico-corruption-el-chapo-escape/) on July 16^th 2015. Where we see “but a series of scandals in the past year already had top Mexican officials in the hot seat. And Guzman’s escape, experts say, shines an even harsher spotlight on a problem that historically has stretched from police on the streets to the highest halls of power“, which is nothing new really, we have seen it in many sources, now, we might agree that not all sources are reliably honest, yet when we see a ‘random’ 3465 articles regarding corruption, how many would we need to show that there is a massive issue in that regard? In that view, is it equally far-fetched that El Chapo got a phone call from the airport where a young lady with a warm voice states “Senor, your movie star friend from New York La Guardia has arrived 10 minutes ago, tener un día maravilloso!” That would have been the start for a mere pick-up job. Cesar Diaz knows this, there is little mystery here.

Yet as we see all the speculation and worded effort to try to show that something is here, how come that the BBC and all other players are taking a wide berth around the issues of Tesco and the 3 billion drop in value? I gave a little light towards this yesterday, there is little to no action, what scares them?

Now it is time to get back to my slightly lower than basic feel of philosophy. If we accept that Phenomenology is ‘the study of the structures of experience and consciousness‘ how would the press be valued as we see the structure of ‘morality and values‘ regarding the interview of one person regarding another, let’s say, a person with an arts direction and his observations and interactions with an escaped drug baron, perhaps ruler of a drug empire would be better, yet in that same light, the professional press will not step anywhere near Pricewaterhouse Coopers regarding their involvement in a scandal that broke Tesco in little pieces, an involvement as shown by their peer Deloitte we see a version that forces us to ask additional questions regarding the acts that PwC was involved in, so in all that, the press stays away? How can we remain conscious, or better evolve consciousness whilst the press, regarded historically as the evolving factor of our opinion of events, how can we rely on that press who can to a larger extent no longer be trusted in their assessment of what is an issue?

In a similar light, as we see Existentialism as a view where we see that humans define their own meaning in life, and try to make rational decisions despite existing in an irrational universe. As such, is Sean Penn defining meaning in life? Is he giving us a view where we get to see how the world in some places are managed and arranged? Is that the view that scares Cesar Diaz? Is that the view that scares the ‘uncomfortable’ people? Many know the reality that life for some people in some continents are very different to the one we face.

In that same view, as Existentialism believes that we are free to do, to be and as we must take personal responsibility for ourselves (and our actions), which act is the most immoral one, the path Sean Penn took, or the path the UK press at large refuses to take as they seem to cater to the need of their advertisers and not regarding the path the people are entitled to be informed on? When did the newspaper become the projection of presentation, when did it stop to be the critical informer of events as they happened? So as the press answers that their Existentialism comes with angst, we need to ask regarding the type of angst, angst regarding their income, their career, or their boss. How many of these flags would it take to see them not as journalists, but as mere cowards with some writing skills and decent punctuation? I am just asking!

No, as I see it these facilitators ignore the outside sources, deny angst and move to the music and dance (off the beat) as Sinatra sings ‘Do Be Do Be Do’.

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Tagged as BBC, Cesar Diaz, CNN, Columbia University, Daniel Richman, El Chapo, Existentialism, Frank Sinatra, Jean-Paul Sartre, Keanu Reeves, Pablo Escobar, Phenomenology, Pricewaterhouse Coopers, PwC, Rolling Stone, Rolling Stone magazine, Sean Penn, Socrates

January 12, 2016 · 20:00

Events that matter

A small first line, I started writing this roughly 20 minutes after the news David Bowie had passed away, the story remains the same, but I added a few things, so at times the timeline reads a little awkward, my apologies for that!

We can take a look at so many things, first there is ‘Making a murderer’, the Netflix show that is creating larger and larger waves. In addition, we see that the State of Wisconsin is keeping access hard. Even though court records should be available, even as today’s world allows for instant creation of PDF files, one Australian woman who requested all documents can do so for the mere $6000. Yes, six thousand dollars. The Wisconsin office has one person full time assigned to this. Can anyone explain why those records are so hard to be gotten at?

It only fuels organisations like the innocence project and this mess is not going away any day soon.

We could take a look at how the UK Watchdog is going soft on banks, which is not even close to the truth. The fact that PwC seems to have been granted support in keeping its tainted name out of nearly all publications and was allowed to keep a low profile is a mystery that will not be solved any day soon. In addition, http://www.accountancyage.com/ has just diminished the 3 billion value loss from Tesco in a mere statement regarding James Chalmers “The last year has not been without its challenges for PwC’s head of assurance. The firm lost the audit of Tesco after 32 years with the embattled grocer following an accounting scandal of its overstated half-yearly results. But that appeared a blip in a year which saw assurance fees rise 9% to £1.1bn, while the firm continues to dominate the FTSE 100 with 40 clients, almost double the number of nearest rival KPMG at 24“, greed is eternal, nothing else seem to matter, making Tesco mere collateral damage in all this. I admit that the former high ranking heads of Tesco started this, yet someone at PwC has been signing off on it whilst the accountancy firm has been charging millions for the years that these events played. The prosecution parties at large do not seem to care, PwC is too large and too powerful. This would imply that nowadays being a mere tool for organised crime might grant a person more integrity.

There are a few more things playing, places like Greece, but for me none of that matters. I just heard that David Bowie died. That is the only news that matters today. I heard it 30 minutes ago and my world stopped. I remember it all. It was 1975, I was in High School and ‘Fame’ was released. It was my first Bowie record (in those days a black disk that you had to rotate ¾ of a turn per second to hear the music correctly. One of those hits that changes things. I had to look it up, but that song got as high as 4^th position in the Dutch charts in those days. After that I got to the Album Low, Heroes, Stage (which was on yellow Vinyl), Lodger and the list went on, it was only after Black Tie White Noise that I started to look at the earlier albums I had missed out on (they were re-released on CD). For a while things went a little silent, there were of course other performers. It was ‘Heathen’ that re-sparked his music in me. In the end, his music never stopped amazing me, for 40 years his music rocked my world without fail. There have been other makers of music, and more will come in the future, yet at this moment, I lost a music giant who remained original until the very end. Not many can achieve this, the bulk will not even make the two decade mark, which does not reflect badly on them, it only shows how remarkable David Bowie was.

So perhaps we will see a new Space Shuttle named the ‘Major Tom’ be launched, perhaps we will see the life that was Bowie on the Silver Screen and we will see an explosion of his hits soon enough, I think back to those naughty evenings on a beach with a topless woman, trying to find out what else fits and listening to the hit Cat People, or going to the ‘the Glass Spider tour’ in Rotterdam.

So as we see another giant exit the stage, we realise that his music remains. I also just realised that I lost a bet with a friend, I wagered the equivalent of $2 that Both Johnny Rotten (John Lydon) and Iggy Pop, would be long dead and forgotten by the time David Bowie would shed his mortality, a bet I made in the early 80’s, it turns out that I am wrong on both counts and weirdly enough all three became legends in their own rights and even as John Lydon is no longer the ‘performer’, he did end up moving into another venue of the arts as he published ‘Anger is an Energy: My Life Uncensored’ in 2014, it is not impossible that the music gene will hit him once more, I wonder if performers like that can truly stop being musicians, just my thoughts on that. In that regard Iggy Pop has not shed his performance gene, so as one of the legends of a previous generation, Iggy can proudly raise his torch of achievement showing us all who failed to see his strength and stamina. The fact that he created a few hits together with David Bowie only strengthens him as a person and signifies in addition my bad call on his early ‘demise’.

Even as Bowie fought a long battle with cancer, he remained active and he was still with us when his last album Blackstar was released on January 8^th, with this David Bowie redefines the old expression ‘he died with his boots on’. He did that, whilst leaving pretty much all his fans breathless with the power of the song Lazarus, many saw it and only two days later the song would hit most of us like a sledgehammer, surpassing the impact of many of his musical milestones. Our idol bestowed one more gem on us.

I feel no sadness, other than for the family and friends he leaves behind, I feel no negativity; I just stare at the massive list of albums he created the dozens of albums he left us and the many dozens of hours of music they represent. Today that is the news that truly matters, we do not mourn what we lost, we rejoice for the music he left us. I admit, it sounds selfish, but it is not, for the simple reason that whenever I saw of him, I saw him celebrating life. We should honour that, so listen to a song or album, watch him in a movie where he played a role in (bonus points for those who watch Labyrinth) and remember that whomever gets to do a mere 20% of what he did will end up having a pretty stellar life.

So tomorrow, more likely one day later I will look at the issues many ignore, but for today it is about saying farewell to a person whose musical presence I thoroughly enjoyed.

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Tagged as Anger is an Energy: My Life Uncensored, Black Tie White Noise, Blackstar, Cat People, David Bowie, Heroes, Iggy Pop, James Chalmers, John Lydon, Johnny Rotten, Lazarus, Low, Making a Murderer, Netflix, PwC, Stage, the Glass Spider tour, UK Watchdog

January 10, 2016 · 20:49

One in six before this court

The Guardian had an interesting piece yesterday. The article (at http://www.theguardian.com/world/2016/jan/09/netxflix-murder-whoddunit-petition) with the title ‘Making a Murderer spurs 275,000 viewers to demand pardon for central character‘ is centre in all this. The first thing that came to my mind was the question: ‘Are people stupid, or is Netflix just brilliant?‘ takes a centre stage. You see, we seem to hang onto this notion given by movies and books that wrongful convictions happen all the time. Yet, where is the reality? First of all, the reality is getting buried by pretty much all parties. The best I could initially find was a 2013 statistical highlight. 172,024 matters were received involving 113,893 defendants. The document does have a lot more (at http://www.justice.gov/sites/default/files/usao/legacy/2014/09/22/13statrpt.pdf) and I hoped to find a more recent one, but these 121 pages should be enough to get you started. You see, the issue becomes when we try to get a deeper view of the issue, one that might not be in the interest of the U.S. Department of Justice Executive Office for United States Attorneys, but when we see on page 8 that 2013 had 61,529 cases files, and we see the claim on page 9 “The rate of conviction remained over 92 percent, as it has since Fiscal Year 2010“, which gets us 56,607 cases.

This document is important for a few reasons, you see, Netflix has created a monster in a few ways. First of all, this is not a legal piece of work, it is an emotional one. An emotional presentation. One would think like many other reality shows bombarding emotions. This would be the first mistake for anyone making that jump. It is a documentary, a presentation made in the best light any camera could do. The view of cars in decay might have meaning, but the mere view is that is, is a view of written off ‘rust’. It all starts with the fact that a person was freed after 18 years when DNA proves him to be innocent. We immediately feel for this person, a sex crime one of the most heinous crimes we would all love to clobber a man like that to death, like a fur dealer kills a baby seal, with a nail board. But then, we are confronted with innocence. This man never did that, so how did he get convicted? These are the thoughts many will have in the first 6 minutes of the pilot. Most will be hooked, I myself saw this and was captured. We get even more turmoil when we consider ‘The wrongful Convictions Blog‘, which has Contributing Editors like Justin Brooks, Professor, California Western School of Law, who is in addition to that Director of the California Innocence Project. I feel certain that Netflix (read: the makers of this documentary) did their homework on this project, so why is there an issue?

The series is brilliant because this could be the first time that this series is sparking the need for a true total overhaul of the American Justice system. As I see it, it is a first that we see ‘more than 275,000 viewers have signed a petition asking President Obama to overturn Avery’s conviction‘ on a scale to this side. Yes, Netflix created a monster, but is it a bad one? When we see numbers like 5,000 – 10,000 wrong convictions, when we realise that 5-10K out of 56,607 represents 8.8%-17.6%, now we get one in six to one in eleven gets wrongfully convicted.

Footnote: This is based on two sets of numbers, there is no clear picture on how many wrongful convictions there are in 2013, giving a debatable number (just making sure that you understand that my numbers remain debatable).

Now the issue shift, it shifts strongly in a direction we cannot predict, because until the numbers were clear we were all (me including) how often does this really happen, so when we see a jail movie where someone states that he was framed, he was innocent, the numbers tell us that one in eleven (lowest denominator) actually could be. When it is a parking fine it is one thing, when it is 30+ days it affects a life possibly forever, the American people now have an issue.

Now we get to the other part. The quote “In a statement, the White House said action in this case would need to be taken at state level – in this instance, Wisconsin. A petition directed at Wisconsin’s governor, Scott Walker, on Change.org has 6,300 supporters, but the governor has said that he will grant no pardons“, we see that the White House parked this on the state level this needs to be on, and the response by governor Scott Walker will not help the White House any, but that is the law, the man got convicted. Yet in that our emotions also play up, because when a person is convicted wrongly once, that state better make damn sure that all the evidence is truly Hunky Dory, because two wrongful convictions of this nature can break a government (and their bank account). Yet in all this we see presentations, presentations from all parties. When we see the claim “Two years after DNA evidence was used to clear Avery of sexual assault in 2003, and as he was starting a claim for $36m in damages, he was accused of the murder of Halbach, who had visited his property to take pictures of a vehicle for Auto Trader“, so is one truly linked to the other? You see, my thoughts take me in a partial other direction. Would any woman go near a man convicted of a sex crime? Even if that man was found to be innocent? Doubt will always be in play there. Now consider the location and the date, October 31^st, aka Halloween. Over that day and the day that follows, we see 12 to 4 degrees Celcius, There is sweat, DNA. There is a premise of planted evidence, what is more interesting, why is there sweat from Avery under the bonnet on a day when it is 12 degrees? Summer, we all get, but late October? Was her camera that heavy? Yet in all that defence, we must also voice the quote “Prosecutor Ken Kratz last week accused the programme’s makers – Laura Ricciardi and Moira Demos – of withholding important evidence that led a jury to convict Avery and his nephew, Brendan Dassey“, which is at the heart of the matter. Netflix gives us a presentation and calls it ‘documentary’, which does not make the accused innocent, yet as evidence is allegedly withheld from the documentary, what do we have now? A mockumentary with a taste of legality? #JustAsking

I cannot tell, because I see one side.

So as we all see that outrage is what Netflix wanted to create, we see a job decently done, but is that all it is? Because I reckon until before this series, the one in six part was never that visible. The issue of innocently found guilty is not a new term, but it was a term that was never so widely known in the US. Making a murderer changes all that in a big way, once larger places get on the bandwagon for advertisement reasons, we will see a few more million getting emotional on the one in six group, as they should. Edward Helmore does give us the vital clue in this article “this is not a trial, but the truncated representation of one by journalists” and as I see it they always have their own agenda, does the viewer realise this?

Yet it isn’t just the image or the presentation, one part of the power that Making a murderer holds is the fact that Laura Ricciardi (one of the two makers) holds a JD from New York Law School and an MFA in film from Columbia University School of the Arts, which gives for the extra bang for the buck, but it does not take away that this remains a presentation, call it a new open presentation by ‘the’ defence; which is happening AFTER the conviction took place.

So will this start a legal change for America? The one thing that does in addition stands out is that the US is too bankrupt to be anywhere near considering a 35 million payout for one in six. That will impact the US in ways it cannot survive, so as Netflix brought a monster to life, we could see a massive change in prosecution and legislation, which if it happens would propel Making a murderer into the historic annals of TV presentations.

We should also take a look at the opposition, one who got his visibility through FoxNews (at http://www.foxnews.com/entertainment/2016/01/08/did-making-murderer-get-story-wrong). Here we see “Head of Investigation Discovery Henry Schlieff believes important elements of convicted murderer Steven Avery’s story were left out of the 10-hour Netflix documentary “Making a Murderer,” leading many viewers to draw the wrong conclusion about the crime everyone in America seems to be talking about“, which in my view is not unexpected. Henry Schlieff passed up on the high ratings show, as did HBO. Here lies the issue, part of the response ““We just didn’t feel it right for us in terms of the length,” Schlieff told FOX411. “I think something like this will work really well for Netflix”“. So when was the last time a network passed up on the chance for massive advertisement space opportunities? You can count those occurrences on one hand and you would not need any fingers.

HBO, Henry Schlieff and a few others missed out on a winner, more important, even though there are clear issues with the series, it does something that has not been achieved before; it gives a national and even international light to the massive number of wrongful convictions. Even when taking the lowest number of 5,000, which would not be low, we get close to one in eleven, we might state that one in nine could be closer to the speculated truth, so how many wrongful convictions will it take to overthrow the US justice system as is, as some regard it as a failed system? That conversation is now happening in many US living rooms. The Justice Department might think in way too many households, which will become a much stronger issue down the line, especially when the governor comes up for re-election, even the next presidential election will feel the impact, in an election where every point counts, 10 points come with a bigger bang than what a fair amount of states can offer, so this will become a growing issue sooner rather than later.

In the end, the paths that the series skates on is the implied issue of planted evidence, which is an option but not a given. The pending issue of 34 million gives weight to this, yet in all this most of our minds are stating that this was a rare occurrence. Which many groups are now debating, when a one in six number gets approached the consequence of large claims and the fact that most state coffers could not survive more than a dozen of those. The numbers if even taken at 50% correct give us no less than 4,000 possible cases, which in an equally distributed world implies 75 per state. If even half of that makes it to court, the bulk of the states would go into receivership overnight, the ultimate nightmare scenario.

An issue Laura Ricciardi and Moira Demos might hope to steer to as an ulterior motive, but in equal measure we must look at the direct impact. One, was Steven Avery guilty? In light of the previous false incarceration the main question on the mind of most Americans watching that show and if any clear evidence is ever brought to light that there was reasonable doubt, we will see an escalation unlike any we have seen before in American politics and American jurisprudence, because the 275,000 petition at present will be the mere tip of the iceberg, at that point the anger the people will hold can, could and possibly will topple whatever administration is in control at that point.

Which could have been the intent all along! In my personal view, I think that there has been intent all along. It might not have started out in that way, but after the Michael Iver Peterson Case, after the documentary the Staircase and in succession the events of 2010, I think at this point, both Ricciardi and Demos must have realised that their pet project had the opportunity to turn into a legislative and political Behemoth, and they were the only ones with the footage and the cooperation from the involved parties, they basically had the winning ticket to a lottery no one comprehended its existence.

I believe that part of that is shown in the recent interview that the couple had on Vulture dot com (at http://www.vulture.com/2015/12/making-a-murderer-directors-on-steven-avery-case.html). The quote at the very end: “Demos: One of the experiences we hope will come across is what it’s like to be accused in this country, what it’s like to go through this system. The hope is that with firsthand experience, people will think differently about the criminal justice system: what is working and what is not working, and the role each one of us plays in that“.

I think that the Stephen Avery case is the one straw that can now break the camel’s back. If this plays out correctly (for Ricciardi and Demos), if enough doubt can be created we will see a movement towards justice change unlike anything the US government has ever seen before, because two strikes against one person would be met with opposition never seen before, this is at the centre of many places like ‘The wrongful Convictions Blog‘, they will give rise to the issue of ‘the Justice system and what isn’t working‘.

Make no mistake, in the end Avery does not need to be innocent, in the Netflix presentation they would only need to show enough doubt to get a political ball, the size of a wrecking ball rolling in many unpredictable ways.

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Tagged as Brendan Dassey, California Innocence Project, California Western School of Law, Columbia University School of the Arts, Executive Office for United States Attorneys, Governor of Wisconsin, Governor Scott Walker, Henry Schlieff, Justin Brooks, Ken Kratz, Laura Ricciardi, Making a Murderer, Michael Iver Peterson, Moira Demos, Netflix, New York Law School, President Obama, Scott Walker, Steven Avery, Teresa Halbach, the Guardian, The wrongful Convictions Blog, U.S. Department of Justice, Vulture, vulture.com, White House, www.justice.gov

January 9, 2016 · 17:14

What did you expect?

This all started with an article in the Guardian last December, in the air of ‘it was a day plus one before Santa‘, the title ‘Game shares fall 40% after profit warning‘ (at http://www.theguardian.com/business/2015/dec/23/game-shares-fall-40-percent-after-profit-warning-xbox-one-ps4). You see, none of this should be a surprise to anyone. When we look today we see all these ‘what will come in 2016‘ articles (read: multiple) and that is JUST the Guardian, not even a serious gaming source. Another article kicks of one of its paragraphs with ‘E3 WILL BRING SURPRISES‘ and then it reverts to the mundane “This year, we can expect Nintendo’s new machine and plenty of VR games but, beyond that, little is known. And that’s just how we like it“, if that is so, then why waste space on it in January whilst that event is 22 weeks away. Ignoring the event for no less than 10 weeks would not have been out of place. That article ends with ‘A YEAR OF BIG GAMES‘, where we see the quote “but most exciting for gamers are the big sequels“, with several mentions of games that had been delayed from 2015. What they all forget is an element the mentioned article will give you.

So let us take a look!

The subtitle is as good a place as any to start. It states ‘Gamers failed to buy enough games for new consoles to make up for a steep fall in demand for older formats‘, so how about giving the reality of the games which means the subtitle should have been ‘Game developers fail to deliver quality, they failed in many cases on delivering on time, some delayed until 2017, creating a new level of gaming uncertainty‘ that subtitle would have been on point. Assassins Creed is one of those titles, Unity failed massively, the reason for mentioning it is because Syndicate did not become the success it could have been mainly because of Unity. A game that used to be sold out on special editions is now getting flogged for $50 including art book, statue, extra missions and soundtrack. A game sold at 33% of the initial value, new in box. Yes, I give you right now that Syndicate does not deserve to be regarded as a failure, but it remains a non-success. It still has an amount of glitches and issues that go back all the way to brotherhood, they have never been addressed. Mass NPC issues remain and the list goes on, yet again, the graphics department delivered, sound delivered too. There are in mission issues, yet for the most they did work OK, in a few cases they were actually decently brilliant. Yet in all this the NPC issues rose. For example, I can get attacked and the police does not act. I pull a knife and they all start shooting, even in my own (read: liberated) areas. The fact that they act on me is one thing, the fact that they do not act against my attackers is another thing. It becomes even more a joke when a fellow Rook NPC keeps on pulling his knife against my kidnap target alerting the police who now has a go at me too, all scripted screw ups that were not addressed. Yet overall the latest AC is not a failure, in the same light that I placed the Ubisoft business model in the past, planning for non-failure also means that you will never get an exceptional success. Perhaps Ubisoft will catch on at some point (one would hope, would one not?)

But this is not about Ubisoft, they are just one element in a group of many.

The quote: “However, independent retail analyst Nick Bubb said he was “staggered” by Game’s profit warning after John Lewis boasted of strong sales of computer games earlier this week. “We had just begun to wonder if Game Digital might be a good recovery stock,” he said. The department store said gaming and console sales were up 180% in the week to 19 December, picking them out as one of its Christmas bestsellers“, but based on what was this? Special in house deals with 2 games? Places like EB Games are offering new 1TB consoles with 4 or 5 games that is quite the Christmas pick. Oh and what are the numbers? When you normally sell 10 consoles 180% really does not amount to that much. I would think that Nick Bubb would have done his homework a little more meticulously, or perhaps staggering was a factor after he learned that £2290 is not something that gives price to 180% (I am not saying that I know their sales numbers, but I am asking why no one else is making a clear investigation there). And on what margins are those placed? A £299 console is one thing, one with 3 games at £279 is a good deal for the buyer, but it equally means it is a product without margin for the shops.

Yet the big UK player Game should have known that this issue is a lot more clear, so the statement “Game said a 20% rise in sales of games for the Xbox One and PlayStation 4 had not offset a 57% slump in sales of older Xbox 360 and PlayStation 3 games” is a mere given, something they should have known going into the holiday season. You see, many big titles have been delayed, what was coming before Christmas is now coming in March and in a few cases in April. Big titles have not been the success they were supposed to be and in all this So when another article in the Guardian one day later reports “According to the industry body Ukie, sales of new boxed console games in the UK fell 6.3% in 2014 to £935m, and were overtaken by the 17.6% rise in sales of digital console and PC games to £1.05bn“, we should ask the question that Stuart Dredge might have been trying to hide within the text. The issue is “The Steam Winter Sale has gone live today, Dec. 22^nd, and runs until January 4^th“, yes ‘in sales of digital console and PC games‘ translates to Steam sales for PC games, a place where games were down by 50%, in several cases even down by 80%, so as many game shops have a non-return or exchange policy for PC games (which does make perfect sense), people are happy to download a few 4GB packages (in some cases not more than 2) and store that on their multi-Terabyte drives and the list included discounted games like Witcher 3, Metal Gear Solid 5 and Just Cause 3. So, when we know this, the ‘staggered’ response by Nick Bubb comes across as extremely insincere. Perhaps he did not do his homework? How can a person in that field not be up to date as to what Steam does and how that impact the shops, you see Steam has done this before, so it can’t have been that unexpected.

In that same issue we have places like Game and EB Games. In some cases they rely on fans who want their new upcoming Dark Souls 3 (the apocalypse edition) and that game will likely sell out in mere minutes, yet the dangers when a shop is losing space to a stack of Charing Cross editions, because the previous version was so bad is in equal measure not that weird a surprise.

There is still one other part that links to this. You see, we all play the way we can, some only play the way that they can afford and Microsoft has been dubious in several actions, the issues now arising from the Windows 10 update give more towards the fear that at the earliest moment Microsoft will close the valve on ‘pre-owned’ games, a side people rely upon because the average working family no longer has a spare £50 for a new game. Hell, most people in London are hard pressed to have £50 for simple things like food, so how is the drop in revenue such a big mystery?

The UK (as well as many other places on this world) have been dealing with a sliding cost of living crises. It has been around for 2 years and too many people are ignoring this fact, in any normal household games will be the first one to vanish from any budget consideration, which gives rise to the growing need of places like Steam, because between no gaming and playing a game 2 years old at £5, people usually tend to know what to do. The interesting side is that many of those games do not need the latest hardware, actually, those steam consoles will support the bulk of those games on high quality settings, so the Nextgen consoles are losing their footing, a fact that someone like Nick Bubb should have been aware of straight of the bat.

Are you still confused?

Open your wallet, consider your bank account (your present balance) and now go to any gaming store and get a new game. How many of you will actually do that? As I see it, 40% cannot afford it, 60% does not want to do this because they either do not care for games (which is fair enough), they have other bills to pay (which is fair enough too), or they are waiting for one of those delayed games, because they can only afford a game 3-4 times a year. These are given situations for well over 80% of the people in the UK, in addition it is a similar size in most of the EEC nations, so why exactly are we surprised on these sliding scales? I cannot answer why many readers are surprised (many might be genuinely surprised), but we should ask a few serious questions when retail gurus like Nick Bubb are absent in comprehension. In that case we should be asking a few other questions.

And games are not out of the woods yet, not for the near immediate future. Yes, most of us will run towards No Man’s Sky the day it is released (in around 22 weeks), but consider how we as gamers (millions of us) find fun and joy in a $20 game named Minecraft, or on the Tablets on a $5 game named Blockheads, how long until the analysts are catching on the hyped inflated games galore for PC and next gen is a massive marketing mesh that is short term, based upon a turnover need from the initial 21 days of release? We will always want games like Skyrim, Fallout 4, GTA, Diablo 3 and a few others, but that list is a lot shorter than those marketeers will admit to and the large players remain in denial. Hoping on a new shooter online where people do nothing more that run and ‘super jump’ on all levels like it was the first version of Unreal Tournament. How long until that gets boring and old? The remake Doom might be the first one that infuses life into that group, a mere original gems in a mountain of too many fake crystals.

Yes, we will see a few games we all want, we will see games that we thought we wanted because as games developers rely on hype, they are equally extremely unwilling to give out review copies until AFTER the game is released, because it would hurt numbers and the press at large (the real one and the gaming press) tends to be too often in need of advertisers to actually do something about it.

Finally we get back to Ubisoft, but now for very different reasons. You see, they are offering something called a ‘humble bundle’, which one place stated costed $1. I cannot verify this, but the offer (regardless of price) includes:

Tom Clancy’s Rainbow Six
Tom Clancy’s Rainbow Six 3
Tom Clancy’s Rainbow Six Vegas
Tom Clancy’s Splinter Cell Chaos Theory
Tom Clancy’s Ghost Recon
Tom Clancy’s Splinter Cell Blacklist ($10 or more)
Tom Clancy’s Ghost Recon: Future Soldier ($10 or more)
Tom Clancy’s Rainbow Six Vegas 2
Tom Clancy’s Splinter Cell
Tom Clancy’s Splinter Cell Conviction
Beta access to The Division

One source implies that the price is open, but if you paid a few bucks more (like $11) you got a few additional beauties. I was never a Rainbow Six fan, but a huge Splinter cell fan and even only those games at $11 is an impressive deal, so when you consider this, when you see that PC gamers are offered a steamy steam life with excellent not so new games, in a price range that most people could afford, how is the 40% drop in shares of Game still a mystery?

The gaming world is in an uproar, because they did not tap the vein of quality when they should, they did not press forward for true non-annual innovation when they could, leaving marketing to make the call on hype, instead of truly addressing their fan base needs. An expensive mistake that has led to the downfall of the biggest players (EA and Ubisoft), gamers are realising more and more that indie developers will bring what they desire, a great gaming experience; and only now is the press at large considering that the need of advertisement revenue and the need of their readers base is not aligned, the question becomes how will this be addressed?

I do know that when the press is relying on a ‘staggered’ Nick Bubb for gaming, too many people might be looking in the wrong direction.

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Tagged as AC Syndicate, Diablo 3, EA, Fallout 4, gaming, GTA, John Lewis, Just Cause 3, Metal Gear Solid 5, Microsoft, Nick Bubb, Skyrim, Splinter Cell, Steam, Stuart Dredge, the Guardian, Ubisoft, Unreal tournament, Witcher 3

January 7, 2016 · 21:20

Comprehension

At times, I am at a loss. This is one of those times, and it started as I was confronted with the article ‘Treat surrogate parents as sex offenders, says Italian minister’ (at http://www.theguardian.com/world/2016/jan/06/treat-surrogates-sex-offenders-italian-minister-angelino-alfano). You see, here I have two levels of confusion.

Let me explain. The first level involves the women that do this. I do not mean this in any negative way! I get it when it is family, but even then, there is part of me that does not quite grasps it. There is nothing as noble as ‘to give thine own body’. You see, no matter how noble it is, I could never fathom a surrogate mother, not her way or her intent, but the fact that once the baby was born that she would have the strength to part with it. We see and read on how teenage girls offer children up for adoption, mainly because they were not ready and they are unable to care for the child and the child might end up having a much better life. In those instances we try to be understanding, but we all realise that this could eat away at the soul of the young woman who did this. There have been many books and many movies, yet the reality is that only that mother can truly state and express what it felt like.

I think it would not be a pretty picture.

So in that light, understanding that a surrogate mother might actually be capable of raising that child, the willingness to part with it is incomprehensible to me, and I need not comprehend. In all this, I never looked negative against the woman who made that choice. So when I read ‘Angelino Alfano says ‘wombs for rent’ should be punishable with prison, as he suggests new laws will make it easier for gay couples to use surrogate mothers‘, I wonder what kind of an idiot Angelino Alfano actually is. Is he just anti-gay, is he anti-surrogate? From what I read I feel certain that he is anti-intelligent!

Now we get to the religious part, because Italy is all about Catholics. At times I think that Italy is all about Catholics, food and adultery, but we get to that soon enough. So, you’ll see some scriptures, but again, reasoning later.

So Angelino Alfano, answer me this, of all your friends who committed adultery, Leviticus 20:10 “If any man commit adultery with the wife of another, and defile his neighbour’ s wife, let them be put to death, both the adulterer and the adulteress“, so how many of those ‘friends’ did you put to death? Or perhaps we should take a look at his actions as stated by the Financial Times on October 2nd 2013 (at http://www.ft.com/cms/s/0/a142b3a8-2b46-11e3-a1b7-00144feab7de.html#axzz3wXhbQy5b), where we see: “the young Sicilian lawyer has been compared to Judas Iscariot in leading a betrayal of his long-time mentor“. Interesting, so who was that Judas Iscariot person? I wonder if there was a punishment for treason, so in all that, it should be clear that Angelino Alfano should not be making too many statements for a few reasons (read: I will not remove his freedom of speech, just request he keeps a centre of discretion with all his alleged transgressions).

Now, for the other side.

In the Epistle Of Saint Paul To The Philippians 2:3 we see “Let nothing be done through contention, neither by vain glory: but in humility, let each esteem others better than themselves“, it seems that the happiness for the others is taken in much higher regard. In following there is Timothy 1, where at 6:18 we see “To do good, to be rich in good works, to give easily, to communicate to others,” and finally in Corinthians 10:23-24 we see: “All things are lawful for me, but all things do not edify. Let no man seek his own, but that which is another’s”

At face value women who did this have done a Samaritan act of sacrifice and goodness against their nature but not an unnatural one. In a tale of two villages where a storm destroys the bakery of one, should the other baker not make available the oven so that the other village will not perish? Is that such a far stretch? So in that same light should a man of such hypocritical disposition not be shunned for his words and actions? When we read “Treating couples who use surrogate mothers as sex criminals, as Alfano suggested, would entail harsh penalties“, you see the subtext ‘couples who use surrogate mothers‘ is part of this and he seems to be driven to label this as ‘forms of human sexual behaviour that are crimes‘, are they? You see, legally speaking, the intent was given as ‘who use‘, yet this is not the case, the surrogate mother volunteered, which is not the same, she offered and was not used. This now gives us the path he might try to walk which is ‘Treating surrogate mothers who volunteer assistance to same sex couples as sex criminals‘. It seems to get a little dicey now, doesn’t it! As any Samaritan act of good intent is usually not prosecutable. So what started this?

You see, surrogacy is illegal in Italy and that, even if some would considered it to be ‘the act of a non-enlightened nation‘, it is the legal premise that Italy is allowed to make, so when Angelino Alfano comes with the quote “We want ‘wombs for rent’ to become a universal crime. And that it is punished with prison. Just as happens for sexual crimes”, we should all question what is in his mind, perhaps it is the voice of some obscure cleric from Sicily (his origins) who has a massive anti-gay agenda. Perhaps this is not about any of that! Remember the Financial Times part? That is a while ago, but his position is nowhere stable, in addition, in Politico we see “Last month, Angelino Alfano, Italy’s interior minister, described as a “symbol of victory” a plane carrying 19 young Eritreans from Ciampino airport in Rome to Luleå in Sweden. Italy, he said, would send an additional 100 people “in the next few days”” (at http://www.politico.eu/article/why-eu-refugee-relocation-policy-has-been-a-flop-frontex-easo-med/), the UNHCR reveals that on December 31^st 2015 153,600 refugees had arrived in Italy, 97,584 on Angelino’s island of Sicily (read: 63.53125% roughly). So is this really about the surrogacy issue, or is he just making waves especially as he heralded a new home for 19 of those refugees (aka 0.000012369%) with the additional 100, meaning he got a solution for 0.000077473%, yes we can all see where the importance of Angelino Alfano is. It is in the smallest of margins where we see his actions, so as I read this, I am not convinced it is his ‘anti’ approach in all this, it is his need for visibility as I see it and he is not doing it in the most intelligent way imaginable.

Instead of an actual effort to solve the logistics of the refugee tsunami that hits Italy and his island Sicily, we see a surrogacy and an anti-gay tainted pass ono a group that can find a sheltered solution outside of Italy, so instead of solving the problems Italy does have (aside of the 2,230,198,602,275 € debt Italy has at present), we see another politician waste time, space and energy on a topic that is not his to solve and one that has absolutely no solving value for Italy at all.

In all this I feel decently certain that even the Bishop of Rome would side with me that although it is a discussion worthy of the Cardinals Conclave, these women might be beautified for their divine compassion 100% sooner than Angelino Alfano ever will.

Now for me, I have always been leaning towards man-made or positive laws. I feel that the interpretation is important and that we do not always have the wisdom to properly interpret, which is why I have always been a fan of Dr BJ McEniery’s article ‘Physicality in Australian patent law’, which was published in the Deakin Law Review. You see Intellectual property has always been under powerful evolutions, yet the fact that long ago there was a clear understanding that physicality was something that would evolve and the law had no way off seeing how and towards what is always in the back of my mind. Ignoring Natural law is therefore equally stupid. As a Catholic I tend to be more Christian than Catholic, where it is important to see and weigh the intent on the person, so even as I do not rule out the less Samaritan paths a surrogate mother could be on, the powerful drive within any mother would counter this strongly whenever possible, which gets me to the positivity of their act against the trivial and self-righteous mindset of Angelino Alfano and on that scale he does not fare well.

So even if you disagree with my choices of bible passages, there is almost no way where you can consider in favour of the trivial path Mr Alfano is on. I would hope that his holiness the Bishop of Rome would sooner rather than later (as well as several members of the curie) would consider speaking out that the need to solve the suffering of 153,600 refugees take a massive priority over the possible issue that a handful of surrogate mothers might bring, especially when they are openly and voluntarily offering their Samaritan womb on this. So if Angelino Alfano ever (in a legal Samaritan way) rescues the plight of 1536 refugees (aka 1%), only then if any energy is left should he look at small and insignificant issues. but by that time his political reign has ended and the press will not have any time for him as they will be wanting to hear from the next elected official.

There are many issues that plague Europe, some we might never fix, some we can possibly fix and some can be fixed, do we really need to look at issues that do not presently require fixing?

I will let you be the judge of that, but for those who do have a Christian background they still adhere to remember the Gospel According to Saint Matthew (7:1) “Judge not, that you may not be judged, for with what judgment you judge, you shall be judged: and with what measure you mete, it shall be measured to you again“, which is good advice, advice that might be a little too late for Angelino Alfano if we are to believe the Divine Comedy. For was it not Antenora where the transgressors of treason of party and nations ended up, to be frozen in ice up to the neck? Now, let’s be fair, Mr Alfano is no Count Ugolino della Gherardesca, yet as we see the credits he heralds in whilst Italy remains in dire need and he voices his view to a ‘universal solution’ where Italy has no problem, where is his actual allegiance and as such is that not utterly detestable? Yes it is, which does not make it treason or treacherous, yet as Italian Minister of the Interior, his responsibility is for internal security and the protection of the constitutional order. As such he can prosecute surrogacy within Italy, yet it does not mean that it is his job to waste time for the change of a ‘universal solution’, especially as surrogate mothers are in no way an internal security issue, yet the 153,481 (if he ever got the additional 100 towards refugees towards Sweden) might be. As I see it, the refugee logistics fall squarely in his lap, an issue he does not seem to be addressing, which we should regard as a failed level of comprehension on his side.

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Tagged as adultery, Angelino Alfano, Antenora, Bishop of Rome, Cardinals Conclave, catholics, Christians, Corinthians 10:23, Count Ugolino della Gherardesca, Deakin Law Review, Dr BJ McEniery, Epistle Of Saint Paul, Financial Times, Italy’s interior minister, Luleå, Philippians 2:3, Physicality in Australian patent law, Politico, Saint Matthew, Saint Matthew 7:1, Sicilia, surrogacy, surrogate mothers, Sweden, the Divine Comedy, the Pope, UNHCR

January 5, 2016 · 20:30

Where is the egg timer?

There is an old saying that there is never an egg timer around when you need one. This being the usual response to a person shouting out: ‘watch this’, which is closely followed by moments of chaos. These things happens, they happen even more so when we act ‘ad-hoc’. Yet what should be the issue when we see ‘The 25 most anticipated video games of 2016‘ (at http://www.theguardian.com/technology/2015/dec/30/video-games-2016-dishonored-2-uncharted-4-xcom-2) by Keith Stuart and Kate Gray, which was published on December 30^th, whilst a mere 22 minutes ago, @gamespot presents: ‘Scalebound release date delayed to 2017‘ (at http://l.gamespot.com/1Z2AZVS), which was actually published yesterday. So when we see gamespot flaunt the title “Platinum Games says postponement was necessary to ‘deliver on our ambitious vision’”, now let’s face it, the timeline does not shift that much (2016 -> 2017) within 5 days. We could speculate that at the end of the year Keith Stuart and Co were casually careless at the end of the year, a speculation I myself reject because, even though I do not always agree with Keith, the man is a professional and he tends not to be careless in that regard. In the second, Platinum marketing might have tried to ride the waves of free publicity as much as possible, which is more likely than not the case, yet that would be a casually stupid path to take.

Perhaps there is the idea that instead of trying to feed (or create) hypes (especially in the gaming and movie world), the media at large needs to stop feeding us ‘junk’ (read: rehashed news) when a game is more than 20 weeks away. So, perhaps not mentioning any title that is more than 20 weeks away might not be the worst idea. It would stop hypes to a larger extent, it could result in a focus from the media towards the games of ‘now’ or ‘soon’, which offcourse would include a lot more independent developers. How much have we seen in the media, not on half-baked triple ‘A’ ‘publishers’, but on titles like Adrift, which comes from Three One Zero and will launch this quarter on Microsoft Windows, PlayStation 4 and Xbox One? Is it not most anticipated, perhaps because the media ignored it?

It is my biggest issue with many gaming ‘pages’, especially in main stream media. Too many ignore interesting indie games that would be highly anticipated if more people were aware of it, yet many are pushed into the shadows as two ‘Big-Uns’ (EA and Ubisoft) get overly exposed on products well over a year away. I think that with the consumer in mind, these practices need to stop (or massively lessen). For example, it was only by accident that I stumbled upon Ghost of a Tale, an upcoming game for PC and XB1, I personally believe that this is not an anticipated game because the media seemed to have ignored it, but they kept on rehashing the same news on No Mans Sky again and again.

Which for a short time was understandable, but many kept on going when we heard the official news that the game was coming in June 2016, but as there were more speculations to be made, No Man’s Sky remained on the publications. The interesting part is that Ghost of a tale is a stealth game that would be very appealing to gamers that reside on the lower end of the Teenager scale (a rarity to say the least), what I saw reminded me of Don Bluth, specifically An American Tail and The Secret of NIMH. It came to life as a successful Indie go-go crowd-funding campaign and from what I saw it surpasses loads of games by ‘established’ software houses. How come not more information has seen the light through the media in regards to this title? You can see a lot more about the game at http://www.ghostofatale.com, they show the issues, the upgrades and more important just how amazing parts already look. The game got delayed from 2015 and it seems that 2016 could be the year of the mouse.

Just such a shame that the media at large does not take more time and space to see the wonderful world of the independent developer, with Technomancers on more than one platform and let’s not forget Kingdom Come by Warhorse Studios, it might initially not sound massively interesting as it seems to be released much later for Nextgen consoles, but the fact that the initial release includes both Linux and OS X should be massive as decent games for OS X tend to be really rare events. The fact that it is a Q2 release in 2016 makes it interesting to keep tabs on, as it would be released half a year earlier than games that are already receiving way to much exposure.

So as we look back on the egg timer, we must acknowledge two things, the first is that a sudden shift to another year is not the main reason, that’s just bad luck for some, but the fact that plenty of interesting games tend to not make the media (especially in their online editions) seems to be a lot less acceptable, especially when we see more and more lacking quality reviews. Yet these games all show that timing is still an issue to some degree, yet personally I find the shifting time lines a lot more acceptable from independent developers who try to get through with limited resources than the shifts we see in larger houses that are either close to or exceeding the billion dollar mark, there it is too often a failed form of managing expectations by not in the least of the culprits their own marketing departments; in addition, when I see what a mere independent mouse can show us graphically, I am happy that the group if independent developers is growing, because a mere dozen independent developers have shown me more to look forward to than several of the established branders of gaming. In all this I must point out that the Guardian article does give a fair bit of indie games attention, but they are one of few amongst way too many, which is a real shame.

For me, it is not about the 25 most anticipated games! I, like many others am a man on a budget. For me the important equations is, which games are released in the next 8-12 weeks, as my budget will allow me to purchase only one game, the hype creators seem to ignore that part, knowing that I have a few more options than many families with two working parents who are in possessions of often more than one playing growing young-ling, I would state that the media is ignoring a mainstream niche, one that should be rectified in 2016.

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Tagged as An American Tail, Don Bluth, EA, Gamespot, Ghost of a tale, independent developers, Indie developers, Kate Gray, Keith Stuart, Kingdom Come, Microsoft Windows, No man's sky, Platinum Games, PlayStation 4, Technomancers, the Guardian, The Secret of NIMH, Ubisoft, Xbox One

January 4, 2016 · 21:38

By what standard

An article appeared several hours ago that brings forth questions. The Guardian (at http://www.theguardian.com/world/2016/jan/03/saudi-execution-call-for-west-to-condemn-killing-of-shia-cleric), gives several causes for concern. The first one is in the title ‘Saudi execution: call for west to condemn killing of Shia cleric‘, why? The subtitle ‘UK Treasury minister describes the killing of Nimr al-Nimr as a ‘worrying development’ as tensions escalate‘ is cause for additional concern. In my (simplistic) viewpoint, why is David Gauke, financial secretary to the Treasury speaking here (read: quoted)? Why is this not voiced by the UK foreign office (and the Home office for that matter)? THEY are spokespeople in this case, well the Foreign Office more than the Home Office in this case, but the home office would be voicing the ‘home front’ feelings. No, it is the financial secretary to the Treasury, whose voice does not count in this situation that is the view that is voiced.

You see, Saudi Arabia is a sovereign nation where the use of capital punishment is based on Shari’ah (or Islamic law). I did not study Shari’ah Law and as such I cannot answer the legality in this, but Saudi Arabia is a sovereign nation with its own set of laws and it is time for people to start understanding that other cultures have other rules and laws. For me, I am still amazed on how capital punishment is not in existence in Commonwealth Law, in addition, I am amazed how targeted killing is still not a legal option, an absence I still believe is more an act of cowardice than anything else (I will address this part later in this article).

So Saudi Arabia has the death penalty, this is not new, it is a given. Yet, what people seem to forget is that when you look deeper into Islamic Banking and Finance that this system is not greed driven, that what is regarded as Sharia compliant finance. It approached the view where Sharia prohibits acceptance of specific interest or fees for loans of money, whether the payment is fixed or floating, which as I understand it implies any excess compensation without due consideration (absent of time value of money), which implies (without deeper investigation, cannot be stated as for certain by me) that the hedge funds nightmare that Wall Street bestowed upon the world would never have happened under Shari’ah Law, I will let you contemplate that thought by yourself!

Let’s get back to capital punishment! When we look at an article by Elizabeth Peiffer (at http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1132&context=wmjowl), we see the following on page 508 (page 3 of the article), “The harsh punishments required for hudud crimes are intended to deter those who might commit crimes that are dangerous to an Islamic society“, in additional support there is something I should add from the Catholic Education Resource Center (at http://www.catholiceducation.org/en/religion-and-philosophy/social-justice/catholicism-amp-capital-punishment.html), where we see “At no point, however, does Jesus deny that the State has authority to exact capital punishment. In his debates with the Pharisees, Jesus cites with approval the apparently harsh commandment, “He who speaks evil of father or mother, let him surely die” (Matthew 15:4; Mark 7:10, referring to Exodus 2l:17; cf. Leviticus 20:9)“, in addition I offer “The last case of an execution by the Catholic Church was that of the schoolmaster Cayetano Ripoll, accused of deism by the waning Spanish Inquisition and hanged to death 26 July 1826 in Valencia after a two-year trial” (at http://www.nashuatelegraph.com/news/805877-196/daily-twip—the-spanish-inquisition-executes.html).

We seem to impose ‘our’ values on every nation, yet we do not take responsibility or repair the damage we allow others to make under either a Christian or atheist guise, how just is that?

Let’s get back to the issue that started all this, you see Sheikh Nimr Baqir al-Nimr was sentenced to death. The BBC (at http://www.bbc.com/news/world-middle-east-29627766) gives us “he was found guilty of seeking “foreign meddling” in the kingdom, “disobeying” its rulers and taking up arms against the security forces“, ‘taking up arms against the security forces’ could be seen as insurrection at best and treason at worst, when I point back to the issue shown in the article by Elizabeth Peiffer we get ‘intended to deter those who might commit crimes that are dangerous to an Islamic society’, is that not the case for both insurrection and treason? Sheikh Nimr Baqir al-Nimr was himself a cleric, so how was the consequence a surprise? Because he was regarded as ‘popular among youth’? The sovereign nation of Saudi Arabia has a set of laws, this is known, so again, why do we read that David Gauke sees this as a ‘worrying development’? Shouldn’t the man be playing with an abacus and solving the UK economy issues (the UK has plenty of those)? In addition, he represents South West Hertfordshire, which is part of Hertfordshire, where less than 1% is Muslim, a county where 90% is either Christian or has no religion (27.3%), so again, what gives, personal interest or unofficial messenger?

The blunt cold issue is that a cleric went against the established order and Shari’ah Law intervened directly and definitively, which I admit is my rather simplistic view on the matter.

In an age where culling over 30% of the planets population could solve food issues, housing issues and several other issues, we seem to embrace the solution that does not get us anywhere. Now it is time to get back to an earlier statement and explain my reasoning. In our day and age, capital punishment should not be seen as a bad thing, we should see this as the ultimate form of accountability. Consider the News in Brisbane where “Cole Miller, 18, was allegedly struck in the head from behind as he walked with a friend through the Chinatown Mall about 3.35am yesterday (AEST)” (at http://www.9news.com.au/national/2016/01/03/07/16/young-man-randomly-king-hit-while-walking-through-brisbane-mall-overnight). Why not ‘reward’ Armstrong Renata and Daniel Maxwell with the death penalty for such a cowardly attack? I feel certain that after a few of these executions teens will get hit in the head from behind a lot less. Why was he attacked in the first place? That is still for a court to decide, but too often and for too long the victim and its family gets to suffer whilst the courts ‘go soft’ too often on the transgressors and it is not because there are so many jobs or there are so many apartments available. As stated, it is for a court to decide and there is of course the need for evidence, because we know how it ended, but how did it get started? I do not have the facts, but that is an important element in Common Law, I am just no longer willing to see that the abolishment of capital punishment is a good idea.

I also mentioned cowardice earlier, for this I need to address the issue of targeted killing. You see, the law as is seems to revere ‘non-permanent’ solutions. In all that people are faced with dangers and risks. Consider that 70% lives in a legal way, no crimes committed, now we get 29.9991% that does have a criminal side, for that we have the law, I do not oppose this, they are criminals of all kinds, from pickpockets, to robbers to murderers, for those we have the law. There is a very small group, 0.0009%, this group is so malignant, so violent (read: extremely fanatic or terrorist), that their presence is a direct threat to the people and to our way of life. In all this, we ‘hide’ behind Common Law and its settings, like it is a Golden Calf (I am referring here to Exodus 32:1–6), how dare we revere a book to that level whilst knowingly endangering the people we swore to protect, are those victims in that same view not degraded to simple human sacrifices for the existence of a book of rules? How can we sacrifice those lives and are we not willing to take the lives who are knowingly and intentionally threatening those innocent (and some less innocent) lives? Are we not bound to protect the people in any accountable way we possibly can? It is the word accountable that should have opened the door to targeted killing a long time ago, I am not referring to 9/11; I am referring to events even before that. To the days of Baader Meinhoff and the Rote Armee Fraktion. Italy had the Red Brigade, Japan the Red Army and that list goes on for a while. We seem to focus on Islamic groups, yet we forget that the Ku Klux Klan, White Power groups as Christian groups and most other religions have their terrorist organisations, groups with members focused on extreme violence against a specific group or a nation in general, as such, when that government has a direct responsibility to keep its citizens safe, where is the logic to not pursue these extremists with all options, including terminal ones?

So by what standard are we judging?

We seem to push our standards onto others, whilst in most western European nations we have only succeeded in making a bigger mess, whilst not holding anyone accountable for anything, as I see it, Sheikh Nimr Baqir al-Nimr decided on a course of action, here (Australia, UK, Canada, sometimes the US too) we all believe in freedom of speech, yet In Islamic nations there seems to be an interpretation that ‘crimes that are dangerous to an Islamic society‘ are strictly dealt with by holding that person accountable. Please consider that I am voicing a view based on the ‘facts’ as I see it published, I am not stating on the ruling of the specific court case of Sheikh Nimr Baqir al-Nimr as I do not have all the facts on that case. And consider again, why is the voice of David Gauke quoted and not from the Rt Hon Philip Hammond MP? In this case it is his voice as Secretary of State for Foreign and Commonwealth Affairs that sets the tone of how we as a Commonwealth (read: United Kingdom) shall deal with our allies, our connected nations and our enemies, not David Gauke. In Australia Foreign Minister Julie Bishop stated today that the Australian government is deeply disturbed by Saudi Arabia’s mass execution of 47 people that same approach was taken by Canada where Foreign Affairs Minister Stephane Dion condemns Saudis over Mass Execution (including the execution of Sheikh Nimr Baqir al-Nimr). So why did the article by Martin Chulov not mention the big names from Canada and Australia within that article? OK, in all fairness, the response from Julie Bishop was only voiced a few hours ago, but the Canadian voice was given yesterday, plenty of time to include that one, it seems to me that the article is about careful ‘voicing’ what does not really matter for the political field that becomes a lot less maneuverable over the coming year, another fact conveniently ignored.

All this regarding the standard a sovereign nations holds. We might not agree and we can voice that, but we must equally accept that every nation has its own rights in dealing with transgressors, even if we are too unwilling to do this ourselves. Consider that hypocrisy is knowingly not practicing what you tell others to do (like having just laws against crime and for victims), now consider that Irony is becoming a judge after illustrating the failure of law.

So is this a mere case of Hypocritical Irony?

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Tagged as Armstrong Renata, Baader Meinhoff, Brisbane, Catholic Education Resource Center, Cayetano Ripoll, Cole Miller, Common Law, Commonwealth Law, Conservatives, Daniel Maxwell, David Gauke, Elizabeth Peiffer, financial secretary to the Treasury, Foreign Affairs Minister Stephane Dion, Foreign Minister Julie Bishop, Foreign Office, Home office, hudud crimes, Iran, Julie Bishop, Ku Klux Klan, Liberals, Martin Chulov, Muslims, Rote Armee Fraktion, Rt Hon Philip Hammond, Saudi Arabia, Shari'ah Law, sharia law, Sheikh Nimr Baqir al-Nimr, South West Hertfordshire, Stephane Dion, white power groups

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