September 22, 2015 · 22:11

In Greed we trust

In greed we trust, all others are expected to die! That is the basic setting which is now ruling the internet and it all started when the CEO of Turing Pharmaceuticals AG bought the rights to generic drug Daraprim and he subsequently raised the price by 5500%. This now creates two parts. They are:

  1. How is this legal?
  2. How to prevent such dangerous situations?

The initial part is not found. You see, when we look at the definition of Financial Exploitation, we get: “Financial exploitation occurs when a person misuses or takes the assets of a vulnerable adult for his/her own personal benefit. This frequently occurs without the explicit knowledge or consent of a senior or disabled adult, depriving him/her of vital financial resources for his/her personal needs” (source:  National Adult Protective Services Association (NAPSA)). Most forms of protection against exploitation is against what people own. One of the most famous cases in Australia is Commercial Bank of Australia v Amadio (1983) 151 CLR 447; [1983] HCA 14. Yet, the law regarding exploitation of something that is not owned is not clear, in certain places we see that in the Generics and Biosimilars Initiative Journal (GaBI Journal). 2012;1(3-4):146-9. The title of the PPRI conference reports gives us this with ‘The potential of generics policies: more room for exploitation’. The tactic is quite sound, if the price of normal medication cannot be lowered, than raising the price of generics is a sound strategy from the view of the greedy. The paper also gives us “Mr Richard Bergstrom, President of the European Federation of Pharmaceutical Industries and Associations stated that ‘once patents expire, prices should fall to a low, but sustainable, level’. In this panel discussion but also throughout the conference there appeared to be a common understanding that generics competition works well”. This was a view stated almost 3 years ago, which is true. However, the solutions that are addressed to a 2% or even 1% market does not seem to have too many alternatives, this is where the solutions like Daraprim and Cycloserine seem to come into play. The older small solutions that have no equal because the need is too small, now a massive option for larger profits.

When we look at Bloomberg on August 6th, we get: “Allergan Plc’s Actavis unit got a subpoena from the U.S. Justice Department seeking information on the marketing and prices of its generic drugs, becoming the biggest company yet to draw scrutiny in the government’s widening antitrust probe of the industry. The June 25 subpoena also sought information about communications with competitors regarding the products, Allergan said Thursday in a filing. While the company didn’t supply further information and didn’t specify the competitors, rivals including Lannett Co., Endo International Plc, Par Pharmaceutical Holdings Inc. and Impax Laboratories Inc. have made similar disclosures in the past several months“, as well as “Some 10 percent of generic drugs doubled in price between July 2013 and June 2014, and half of all generic drugs rose in price, according to an analysis earlier this year of Centres for Medicare and Medicaid data cited by Senator Bernie Sanders, an independent from Vermont who’s running for president, and Representative Elijah Cummings, a Democrat from Maryland”

So as we see these events, why did Martin Shkreli make this move? An entrepreneur of his achievements does not play around. What is his game?

The ‘defence’ we see from the other side is “Shkreli said: “We need to turn a profit on the drug.” He defended the decision by telling Bloomberg News that newer versions of the drug needed to be developed and his was the first company “to really focus on this product” for decades and that such research was extremely expensive“. This goes against the statement he later makes, which was “He also promised that: “If you cannot afford the drug we will give it away for free.” Shkreli also said the drug was currently under priced” (source: http://www.theguardian.com/business/2015/sep/21/entrepreneur-defends-raise-price-daraprim-drug).

Now we have an issue with all this. Is this about the medication, or is this a first step to bleed dry health systems?

For this we must show one additional quote. It is “Shkreli’s start-up company, Turing Pharmaceuticals, acquired Daraprim in August. The drug was first developed in the 1940s and is used to treat toxoplasmosis, an infection that is not common but is particularly dangerous and can be fatal“. The question in my mind is how this existing drug is any form of treatment against the complications of AIDS? A drug that is over 60 years old, which is suddenly the foundation towards a cure? What are we not seeing? Well, that part is shown by CNBC (at http://www.cnbc.com/2015/09/21/drug-prices-big-price-increase-for-daraprim-rescinded.html). Here we see that this is the second act. The first one was “Cycloserine was acquired last month by Rodelis Therapeutics, which promptly raised the price to $10,800 for 30 capsules, from $500. But the company agreed to return the drug to its former owner, a non-profit organization affiliated with Purdue University, the organization said on Monday“, after which the price ‘stabilised’ at twice the original price. So is this about a changing approach to the increase of generic medication by 100%-300% in the end? In addition, the other CNBC quote is “However, outrage over a gigantic price increase for another drug spread into the political sphere on Monday, causing biotechnology stocks to fall broadly as investors worried about possible government action to control pharmaceutical prices. The Nasdaq Biotechnology Index fell more than 4 percent“, now this is all starting to make sense. A hedge funds manager playing the market and playing the waves of market exploitation. This is not unheard of, more important, for the most, we could argue that no illegal acts were undertaken. The Guardian stated “It is not uncommon for companies to use inventive interpretations of government regulations and loopholes in the law to corner the market for certain drugs, especially ones that were developed a long time ago and have only a limited market“, which is true, but when we considered the additional event that the Guardian ignored, give us cause for concern. I am not stating that the Guardian is trying to misinform its readers, their conclusion on one case is sound. Yet, when we see the addition that came from CNBC regarding Rodelis Therapeutics, we see another side. Here we see a side of market exploitation and Market manipulation, as far as I can tell at present in a very legal way. That we see from “Mr. Hasler said the new price was needed to stem losses”. Really? So is this about feigned losses, or is this one of many steps where drugs that treat smaller populations to grow 100%-300% in price to assure a market niche that most NHS systems (US, EEC and Commonwealth nations) are unable to fight. In this way on an international level the respected NHS versions will be placed under additional pressure. As I see it, Martin Shkreli has started Turing Pharmaceuticals AG to dig into this very profitable branch. In addition, for something this expensive, how come those rights transferred for only 55 million?

It seems to me that parts in all this remains unstated. Why?

Now in this part I am not having a go at journalists as in the past. For one, this is an evolving story, in the second part there are a few sides to all this. For one, I am speculating in what the game is here (speculating is not now, nor should it ever be regarded as factual). In addition there are sides that have not played yet. One of these sides is the law. As I personally see it, certain entrepreneurs, wealthy or not are now trying to corner the 2% treatment solutions, perhaps even the one percent group. Consider how this affects the UK. Let’s use the UK statistics. When we consider 240 million patients a year. If 2.4 million people require a drug and if that price suddenly goes up from $500 to $1000 (the Cycloserine example). This is only in the UK. Which gives them an additional 1.2 billion and this is only ONE nation, now consider the effect on the EEC as well as the US and the other Commonwealth nations, now the money becomes really handsome. Even at 0.1% it is a massive influx of money and for now all very legal. I have full faith that the law will be adjusted, yet we will see that it will be adjusted too late and some of these fast moving rascals will have made a massive additional amount of money, which is not an illegal act by the way.

This whilst I am still slaving over my issues of Infringement. That and a massive student loan will not propel me whilst some dubious hedge funds individual walks away with billions. A clever mind is half the battle!

So as this event escalates, the UK will have a new problem, because as is, the prospect stated ‘Planned NHS expenditure for 2015/16 is £116.574bn‘ is possible off by no less than 10%, the generic pharma side is only one side. I wonder what happens when these ‘entrepreneurs’ acquire the service contracts of hospitals at large, what happens when the MRI contracts are sold off to third parties? What happens when those prices go up? This is a path that Stadium Group CEO Charlie Peppiatt seems to be walking towards in a very successful way. As one third of the planet goes into ‘one foot in the grave mode’ that population will require a massive amount of support in medical terms (until they move towards their respective casket or urn). There is one side that is an issue for the other players. As I see it Martin Shkreli might be the most visible one but as I see it not the brightest (massively richer than me though), in one bash he has given visibility to a move that many wanted to keep under wraps, because out of sight, out of mind and that would have resulted in profits (loads of it). The visibility forced on the eyes of many might now result in NHS safety valves that could stop the forced squandering of funds. I wonder if my view is correct and more important will proper steps be taken sooner rather than later.

I’ll let you decide.

 

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September 20, 2015 · 12:57

The Game of Patent Law

I am in a very weird place. I must admit that I have not been in the brightest of spots. I am struggling with this semester’s subject. Even now, I am still studying too. I stopped writing on notes and going over lectures because I needed a small break and because my mind has been telling me stuff I did not even realise.

You see, this all started on two parts. The first was ‘Person Skilled in the Art’. I looked at it from many sides, but I forgot, no, lets state, I did not completely comprehend the legal part in all this. You see, Wiki tells us ‘If it would have been obvious for this fictional person to come up with the invention while starting from the prior art, then the particular invention is considered not patentable’, which might not be the most academic view, but when we consider the more ‘academic’ part we get “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers and scientists, who are well versed in the periodical literature of their subjects“. This we get from the case Sunbeam Corporation v. Morphy-Richards (Australia) Pty Ltd [1961] HCA 39; (1961) 35 ALJR 212. Here Justice Windeyer referred to this in [218] “scientific inventions, intricate mechanical arrangements, chemical processes, electrical and electronic devices and so forth”

You see, part of this is my issue (truly an issue I have). It comes in two parts. The first one is a memory from my early secondary education. We once had a discussion on Art versus conceptual art. It never made sense to me because I regarded both pieces as art. In some view we see that conceptual art focusses on the involved idea in the work takes precedence over traditional forms and material concerns. But is that true for some? Art is art no matter how you slice it. This has been in the back of my mind for a few days. At work in the last week I would listen to the soundtrack of Mass Effect whilst working on parts I was working on. I thought I was just trying to listen to music. No! My mind was kicking into high gear trying to make me see something and after this weekend, after 16 hours of re-listening to lectures and retrying to do what I could not do before, at roughly 10:18 it hit me! It was all connected, I suddenly got the gist in a scary way (because I get a first glimpse on how to solve it).

I need to get back to that ‘skilled person‘ because that is actually at the centre and it all links back to mass effect. In my view Mass Effect is one of the most brilliant pieces of work, possibly ever! The story is captivating, the graphics are amazing and the entire project is out there and I mean out there on the far horizon. Most gaming (me inclusive) always seek to look to the next challenge, the next big game. We almost forget the great games that got us here. Yet, Mass Effect always remains. My Google+ profile still has the launch party photo. In all this, the game was a breed apart.

So, how does this relate to the law?

This is part of the issue I have, especially with Justice Windeyer stating “In these fields the persons skilled in the art are not just skilled artisans. They are often trained engineers“. This has been my issue for a long time. You see almost two years ago, I wrote the concept for Elder Scrolls 6 (Restoration) and send it to Bethesda for their consideration. Not just more or an addition, no an entire new approach. In that same way I have bene able to reengineer in my mind every game I ever played. Now I am not a programmer, so making it is another issue, but my mind can see the game. Improve upon it, mould it into more, within my mind. The ability to see past the game, into the engine, the design and the story has been forever with me. Which was also the part that is stopping me. It is in essence the issue I have had with Ubisoft and Yves Guillemot regarding the dwindling of the Assassins Creed franchise. That is not even addressing the issues (read glitches and bugs) AC Unity and Far Cry 4 has been subjected to. AC Syndicate is now less than 4 weeks away and its predecessor have given a massive blow to the franchise. I saw some of these issues for a long time. Many things have been in there for 5 generations of the Creed, so if I can spot them, why can they not do so (or fix them before release for that matter)?

You see, here we get the PSA, here I get the block that Justice Windeyer (et al) bestowed upon me.

This is exactly where my problem is and yes, it is just me. I am not blaming anyone else. I never truly understood ‘Person Skilled in the art‘ (yes, it took me a while to figure that out), which means the rest became up for grabs. Yes, I comprehend the definition and I understand the premise, but when you can reengineer whatever you see, you (in this case me) tend to miss the point.

Now, in that continuation, how can one dissect “a pair of spaced apart slots in the first end portion each slot extending from an edge of the first end portion to half way across the first end portion; the slots being parallel to each other so that they and their projections define a pair of parallel axes extending across the first end portion, along the sides of the stem and across the second end portion” In case you were wondering, this is part of the description for an applied sheet of metal (I never knew my mind could project so many question marks).

Here I see myself like in Abbott Laboratories v Corbridge Group Pty Ltd (No 2) [2001] FCA 810. At [56] we see “I regard Professor Guilbault as quite unlike any person in Australia for the purposes of this case.  He is, and was at the priority date, a real expert in the field. What may have been obvious to him gives no indication as to what would be obvious to the ordinary skilled but non-inventive worker, even leaving aside geographical considerations“. You see, my ego rejects that part, because I am not a professor, I never considered myself to be ‘unlike any person‘, yes I consider myself to be an expert when it comes to games, but not to the extent the case made Professor Guilbault to be in his field, which gave me the issue of not grasping the level of the skilled person.

I am catching on (even though some parts are still really hard), but I have the rest of the day and 5 evenings to catch up with what I was not grasping. I am getting there though!

It still is an issue on how to set certain things, which is why my timeline differs. All this now shifts back to the games. I spoke about Mass Effect. The first game had an issue with the drive, but when we consider the first 360 systems (some people relied on a console without a hard drive, go figure). They got to play the game. The game was also one of the first to be decently open world, so that means that certain trigger points needed to be created. Which is what we saw in Fable 2 and 3. When you realise this, you can work around them. They are of course games and not real life, so the point shifts. Yet, in all that Mass Effect had an issue with achievements it never really fixed. I ignored it (but was a little miffed to miss out on achievements I should have gotten). Mass Effect (apart from the glitches) made a game truly replayable, which makes for more joy, yet unlike Fable 2 it did not create cosmetic alternatives. In all that, who (without cheating or hint guides) knew you could get to see Tali? Mass Effect 2 went even further in all this even as the game is still mostly the same, you can replay in another role giving power to replayability. Mass Effect is one of the only series ever to pull it off to this extent. So, yes, Mass Effect had issues (and glitches), yet the overall issue people had was with the ending. I less so when you realise the story in its totality, but the last one was a little sloppy in places. I saw through all that. So am I a nagger, a person skilled in the art, or am I beyond that? I have been around since before the VIC-20, so I know my games. In all that Mass Effect 3 amazed by offering the best multi player environment I have ever participated in (still not surpassed today).

Here is the kicker where does that leave the other game designers? In the mind of many we see that good gaming might start with replication, but the visionary evolves that into innovation and offer something totally new, something we all desire to play. I think the game Evolve is almost there. It is close to what Mass Effect 3 was, which is also dependent on a great AI and even though the levels in Evolve are bigger, you are still basically in a ‘cage’ with the big nasty. In all this Ubisoft is not sitting still. Although no personal evidence at present, as far as I can tell, from what I saw their new upcoming title ‘For Honor‘ is showing to innovate multi player from what was into what others desire. This is a very good thing! Jason VandenBerghe seems to have figured out what the big players were either not comprehending, or basically were ignoring. Now I am not one for hack and slash, I am not one for melee games, but I can stare in awe at the achievement of innovative gaming. This is what we will get in 2016. Perhaps Sean Murray (No Man’s Sky) wakes up one morning and realises that keeping people in the dark is only short term acceptable, but that is a lesson he must consider by himself.

Back to the innovators. One of the considerations with a person skilled in the art is: ‘A PSA would be likely to access and search IP Australia’s patent and design databases or get someone qualified to do it for them before releasing a new design of a ladder into the marketplace even though the level of technology is relatively low‘, this could be shaped into ‘A PSA would be likely to access and search IP Australia’s patent and design databases before releasing a reengineered design of a ladder, sufficiently distinct from the original into the marketplace as an innovative patent regardless of the level of technology required‘. In my mind I wonder how much power those with the ability to reengineer can hold, those who can see and value the originals for what they are. It is a legal trap to some extent, because the patent has protection under ‘they are more similar than dissimilar’, the registrar will take that into consideration and when it does go to court it will be an issue to argue, which is why I foresaw the evolution of mobiles, not in hardware, but a mobile generic base that is not unlike a stem cell approach, the software will shape the actual device and now we have two issues. Many nations are not have or reject more often software patents. Some state “The rapid decline in software patents is a huge boon for innovation“, yet in hindsight, there is another issue. Yes, I am all for innovation and bring it on, but not unlike Assassins Creed Unity it becomes more about the now and more about the quick sale and not about the quality of aftercare. As we move from a quality product to a short term choice, how do we fare? Is your budget ready for the annual purchase of a mobile? This is linked to all this, it is not just the Person Skilled in the Art, or the Person Skilled into the reinvented art. As we move from art to conceptual art, we also move from the finality of a choice to the transient of what might not become (again that assassins game comes to mind). All these elements move us in a direction that I regard as dangerous, we move from creators to innovators. Which was always intended to be a move that evolves into true new creators. No, now we move from creators to cheap solutions, something patents were never supposed to do, the person skilled in the art is the push we did not tailor to. I am evidence of that. I could never keep up with Richard Garriot or Peter Molyneux. Even when we spoke I saw their minds moving on to really new things, not iterations of the ‘what is now’. That is what corporate greed got us. A move away from the future. Even if we consider the computer as hardware, the timeline from the 8088 to the I7 now. The processors are no longer truly new, just slightly faster. A market controlled desperate to hold on what they have and not to lose it. That is not how the 80286 came to fruition, in that Mass Effect from game 1 trough game 2 to game 3 made jumps, not mere steps. You only have to replay the first one and the second one to see the leap we got. Assassins Creed showed the same in the original and 2, what came after became steps towards iterative work, iterative work is not innovative, which is why the small indie developers must be protected, if we are to move forward we have to protect true futures instead of orchestrated options.

Here I am still deliberating Person Skilled in the art where Lord Diplock states ‘a patent specification is a unilateral statement by the patentee, in words of his own choosing, addressed to those likely to have a practical interest in the subject matter of his invention‘ and the subsequent resolution by Lord Justice of Appeal Waller ‘a man concerned with the construction of a steel lintel to whom the use of the word ‘vertical’ would indicate precision‘. Here I find the issue with both parts, the second might be overruling the first, but the protection, or at least the approach from a malicious side gives pause to vertical could imply accepted to be ‘cheaper’, for if the engine is not tuned to be finer, it will be constructed to be cheaper, life has shown us that in the iterative part, which is part of the mess we now face. In my view the law must lead but it adheres to the view of those who get to speak, which are the people who have the established base of wealth. The true innovator who moves to creation is never that, so the future is tainted by those who have, they either own those who try to push forward and they then adjust the push for maximum wealth, or they buy out those who they do not owe and again they get to control the product.

The game of Patent Law is harsh, difficult and rewarding, because Patent Law was to be a fair field and in that it still is, the world around the law has changed. I am still trying to get the materials and pass this subject, but I also wonder, what can the law do to keep the field fair? In my view, the law has addressed some parts, but the issue where innovation is too often replaced with iteration (pharmaceutical patents for example), how to address that part?

Well I am off to lunch and after that redo my parts on infringements, which would go further if I did not get stumped by texts like: “Further, because the edges at either end of the column neatly align with one another a plurality of such columns of the same height can be suitably employed on an even surface to stably support various objects including a coffee table top or barbecue plate without rocking, for example. The column structure can also be used by itself as a tree guard“.

Life might be a game, but patent Law is not the clearest of rule books to define it by.

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September 13, 2015 · 22:40

The choice of a new religion

The Guardian had an interesting article yesterday by none other than Alex Hern. He and I look towards the gaming world in very different ways, it does not make him wrong and it does not make my view right. We have at times different views on things. That is the wonderful world of gaming, it is one of the few fields where the approach to any solution tends to be almost artistic, many views, none the same can still warrant true correctness or success. In ‘Apple wants the Apple TV to be a games console. But can it be trusted?‘ (at http://www.theguardian.com/technology/2015/sep/12/apple-tv-games-console-can-it-be-trusted), which is a very true piece. The subtitle states ‘Apple would like to see its new set-top box become the next Nintendo Wii. But it’s questionable whether the company really understands gaming‘, which is as true as it gets. I have been ‘connected’ to Apple systems in one way or another since 1990. One thing from the very start is that the Apple systems were always ahead in many ways, even in artistic ways, yet true gaming was never supported to the extent it should have been. One of my very first freelance jobs was to take a look at ‘Balance of Power’ (by Mindscape), I ended up checking it on the Mac as well as the Amiga. Another one was Shadowgate by the same makers. Even though these games were always worshipped, but on the Mac they seemed to be on the side, accepted as in existence, but never truly part of the ‘Apple’ environment accepted. It is hard to get it into words. You would have had to be there to understand it.

The quote “The problem is that games are treated as just another type of app by the company – albeit a very profitable type. The games store, for instance, is organised in exactly the same way as the rest of the app store, with prominence given to a few select apps and then three charts of top-selling paid games, most-downloaded free games, and “top grossing games”“, helps here. It is like a bunch of economists see games in the spreadsheet as deep green and those economists really like deep green (as in profit). Yet games is a lot more than numbers (something Ubisoft has an issue with too). To see Apple people look at games and advice their users on is like going to your accountant for sex guidance. That person gets off on spreadsheets and a balance books, for many people not the orgasmic solutions to embrace. Yet there is also a side where I have to disagree on.

Part one is “Similarly, in the newly-released guidelines for Apple TV apps, the company reveals that “the maximum size of an Apple TV app is limited to 200MB”, with no persistent local storage. In other words, apps must be lean, and they must download everything they show from the cloud“, part two is “The top-tier consoles right now ship their games on Blu-ray discs, which store at least 25GB and can rise to 128GB per disc (twice the total storage of the highest-capacity Apple TV“. Now, Alex speaks the truth and he is 100% correct. My issue is that quote 2 implies (he never really states it anything in that way) that size makes the game, that is wrong. Still there is a truth here. 200Mb is nowhere near enough for any decent game. If we look at previous games, like Metroid Prime on the GameCube, that game exceeds the 200Mb. Many games from the PC could get close to the 200Mb, but will in all likelihood exceed that part.

In addition, the statement “In other words, apps must be lean, and they must download everything they show from the cloud“, which now implies that we are all dependent on quality connection. A property that is even debatable in parts of Western Europe, the US, Canada and Australia. For Apple it must be good to know that at least Scandinavia and its 18 million people will see the bulk of Apple TV gaming. The second issue is “Unlike PC games, consoles have always been fairly locked down by the platform manufacturers. In a way, it’s “no sex, no drugs, only rock and roll” attitude is merely replicating the same approach that Nintendo has emphasised for years in its efforts to keep its games consoles family friendly“. Now I am all for family friendly games, yet some people want more than Mario Kart. Some want to play the master Sergeant (HALO). Some want to be in the wasteland (Fallout) or they want to sneak their ways around a city (Thief). Many of these games would never be allowed, with a massive portion of the gamers being 21+, they end up being nothing more than a nuisance to Nintendo and without a massive arsenal of IP that will not happen any day soon.

It is the final quote that is concern as well as the source of howl of deriving laughter “But its success as a games console would be handing yet more control of the medium to a company which fundamentally looks down on games and gaming. And that should concern anyone who likes to play“, wasting this level of resources on a system with no expertise on quality gaming will put a dent in the Apple coffers, in addition, once rejected by gamers, those at the helm will be forced to take a harsh look at their choices and their considerations. It seems that so far in new gaming only Elite Dangerous made it. If the iMac 5K would have one additional hardware update. If they had something in equal or exceeding the Radeon R9 295X2, the system would become something to behold, not just with Elite Dangerous, but in addition with games like No Man’s Sky (if it ever gets here). The iMac would be an option, the Apple TV is clearly not that option, beyond Minecraft there is not a lot that plays on the Apple TV. So do I disagree with Alex?

Actually no! When we consider his quote “Despite my concerns, there is the chance that the Apple TV could be good for gaming“, it connects to my thoughts that good gaming is not about the size (well not completely). Consider that some of the games that were a massive success on the Commodore 64, the Commodore Amiga and the Atari ST can still be the games in the new generation systems like the Apple TV. The games by Sid Meier, games like seven cities of gold, some of the legends like Lemmings, Dune 2 (Command and Conquer), pretty much most of the games Peter Molyneux made (including Dungeon keeper), there are loads of other games. The opposite is also true, now we can get a pirates game Sid Meier could never offer when he did because technology stopped him. In equal measure quality gaming has dwindled as there are no limitations, so that game designers are no longer trying to squeeze the maximum out of a console. Tomb Raider is an example here. When we consider that Apple TV could get a market, whilst the hard core end games on consoles and PC remains, I state ‘Yes’, that is a definite option. Yet Alex does illustrate a side of Apple that the foundation of Apple should be ‘concerned’ with. “If you want to criticise a religion, write a book. If you want to describe sex, write a book or a song, or create a medical App. It can get complicated, but we have decided to not allow certain kinds of content in the App Store”, in all fairness there should be space for that approach, but it will hinder your business. You see, the guidelines at 15.1 state “Apps portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured will be rejected“, which is nice but that pretty much sums up almost every game ever made, including New Zealand Story, where the little Kiwi loses health when he touches a spike. 15.3 makes any WW2 game a non-starter, unless Apple insists that Nazi Germany was never a real government where my response becomes: ‘good luck with that one!’

So, even though we can accept that guidelines are needed to keep certain groups (read children) free to wander on the app store selecting games. I get that, but as I stated before, it limits the Apple TV to the realm of Nintendo who already has a massive grip on its user base through several means, why would Apple TV wander in that field? It almost reads like Apple wants to add to the foundation of a failed system. The idea that was a write off in 2007, regarding a big fat fail in 2010, suddenly got the title ‘How Apple’s biggest failure could be one of its greatest accomplishments‘ in 2014 (at http://www.dailydot.com/opinion/saving-apple-tv-think-different/) we see: “Apple has a chance here to beat its competitors to the punch, first and foremost, by making sure that you can play every significant type of video file type that Apple TV doesn’t offer now. This will broaden the range of apps the device can support, and ensure they never have an issue like they did with Hulu again. They would also be wise to create a browser for the device, and to let users access its hard drive“, which is true, yet the article reads like a marketing approach to ‘new’ options for Apple TV and now a year later we see the games ploy. Is it truly about that, or is there a fear within Apple that they are being passed by, passed by those who had a clear goal and by growing in any direction they get to hold onto non-write-off a little longer.

I will let you decide on the parts that are a given, but are they truly a given? I must warn my own view that it is tainted and also clouded. There is a view that comes from true gaming and as such Apple TV does not add up to much, yet what is small can grow and as I stated, let true innovation grow through limitations. It gave us true pearls on three generations of consoles, innovations that seem to be missing in NextGen. Yes, there is still innovation, but not to the extent there was in the past. The idea that Apple starts it up again is partially pleasing. Pleasing because that is the one part that have been downplayed by Microsoft, Sony and Nintendo to the larger extent, if you doubt that, then look at how many independent productions made it to consoles in the past. The fact that this year is a lot more about independents is not a given, it is a fab and no guarantee exists that independents will make it through in 2016 and 2017.

That is the part where Apple could grow, you see I personally believe that the next 12 years will be all about the small innovators. As larger players have become vultures, eating the small ones and carrion eaters as they devour their brands in the insane vision that growth comes from interactive innovation, large jumps are ignored. You only need to see the success of Markus the Notch and Minecraft to see that I am right. Will Sean Murray be the next one to show this? David Braben is on the right track to do so too and they are not alone. Even though Everybody’s Gone to the Rapture is not likely to be the success others are becoming, the truth is that this game is innovative. Even though in respect to my Tomb Raider view that 10 hours of game play is not acceptable, it would be equally unacceptable to see a 6 hour story as a good thing (source: YouTube). Yet, it is a story and the challenge as such is too small. You only need to look back at the game Portal (by Rob Swigart) to see something a lot larger, even though not in an open world environment, the result as well as the story was truly unique. That does not make the game a failure or inferior, yet the truth remains that the challenge needs an upgrade. Too small, yet remains a true innovation compared what is out there. In all this my own perception is an issue for discussion too. Where is it a given that a 10 hour game is insufficient? I base it on past play and play that some games give, as such 10 hours of gaming just doesn’t hack it neither does 6 hours. Yet all this started with a new religion, one of gaming. not the worship of a controller, or the divination of a system, but the choice of what we believe is to be an open direction, a choice of innovation, because without innovation gaming seizes to survive and we get iteration of a given, in the artsy world gaming exists in, that part can never be allowed to remain in iteration. This is one of the core reasons why the iteration of Assassins Creed, the iteration of Lara Croft the raider of Tombs and Call of Duty will simmer down, will cease to be the cash cows they once were.

The future is all about true innovation in gaming, in that Apple TV could have a space if it opens the doors to independent developers. When we consider the iPad, it has had a nice collection of games and some are truly innovative, in all that IOS has a place and the Apple TV could bring it to the big screen (and I do mean on your TV). In the final part, I agree with Alex for the most, except for the part “a company which fundamentally looks down on games and gaming“. I am not certain it does. It seems to have an approach not unlike Nintendo. Do we look down on them? The question does remain when we see gaming as a religion. It could be the one religion that should be without a bible, which is fair enough, but what about the 10 commandments? Should we not consider some guidelines? Personally I state no, but then again, I started in a world where gaming was born, where it evolved. In all this gaming can evolve within any limited system (consider the 16KB VIC-20), as such any system can bring the joy of gaming, we only need to consider where we take gaming. Nintendo took a direction, there is nothing stopping from Apple taking it in the same direction. In my mind, it should be now and forever about innovation, because that is what draws us to a new game. Consider how Elemental Kingdoms took the concept of CCG and gave it a digital evolution, that is just one of many options, I hope many that are yet unemployed and it awaits the next visionary to create that path.

Who? That is up to the developer that dares to dream and make it reality.

 

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September 12, 2015 · 12:21

The math is off

That was the very first thought I had when I looked at an article in the New York times by Clifford Krauss from September 1st 2015 (at http://www.nytimes.com/interactive/2015/business/energy-environment/oil-prices.html). You see, the article is quite good and very descriptive, so why is it wrong? Is it his math? Are they the facts? First when we look at the title ‘Oil Prices: What’s Behind the Plunge? Simple Economics‘, now I am all for simple economics, I have wielded that bat myself on more than one occasion, still something is off (not just the smell of oil), so let’s take a walk in the proverbial path of black gold.

  1. Oil is finite. Oil does not regenerate and when it is gone, it is gone forever. In addition, most elements that come from oil have a very short lifespan. Add a match and the stuff just instantly burns away, it burns away leaving you burnt if you stand too close. For a long time our usage grew exponentially, at this point the amount of crude oil used would fill a cube sized at 20 miles by 20 miles by 20 miles, so that is one massive cube! Still, when you consider the oil fields and the size of them, those fields tend to be a lot larger, yet overall they might remain largely below a few hundred metres (which still makes for one massive oilfield).
  2. The quote “United States domestic production has nearly doubled over the last six years, pushing out oil imports that need to find another home. Saudi, Nigerian and Algerian oil that once was sold in the United States is suddenly competing for Asian markets, and the producers are forced to drop prices” is an issue for me. For this we need to look at two additional quotes from the BBC. the first one is “US crude oil was trading at more than $90 a barrel a year ago, but now costs around $45. The UK’s Brent crude has also halved in price from a year ago and is currently trading at about $48 a barrel” as well as “US oil production has increased to a record high in recent years as high prices made investment worthwhile” which was given earlier in that same story (at http://www.bbc.com/news/business-34219144), which is only a few hours old. Now consider one more quote that is only loosely related (one would think). The quote is “Techniques such as fracking have helped US producers offset the falling oil price by lowering investment and production costs“. Now let’s go over the motions (or is that emotions?).
  • When an investment is made, there is a tax write-off, that part has already happened! So those costs are ‘gone’ after that it is the return on investment which takes care of the costs and after that profit comes. This is simple economics. I get an income, I pay for the costs and I pay taxation.

    Now what happens when I work at a loss? This happens. Let’s take the example. I have product X, it makes me a £1000. To get this I need to pay for equipment, which is bought and for the time of the loan this will cost me 300, in addition I need people (you know a non-mechanical labour force). Another 300 gone, leaving me with 400. The evil villain Taxman takes his share and the rest is mine. So let’s say I get to live of the remaining 360. So far it all remains simple. Now we learn that everybody has this setup, so now suddenly people are only willing to pay 500, which is an issue. People get payed, yet I have to share with the loan so I lose out largely, the bank loses out some and Taxman ‘you evil villain!’ you lose out completely (so it’s not all a loss).
    This is how it should be. Now consider the equipment. Either the loan owner (or the investor) takes a dive (for now) as the timeline shifts, so there should not be a massive impact. Not to the degree we see. When you see all these oil articles have you noticed how we see these Jack pumps? We see the iconic devise in nearly every oil mention, so why the pump jack? If that was all it is, a 1925 invention would not be the cause of so much costings.
    This is where the first crumb is left. Those connected state that it is no longer ‘profitable’ to get their money’s worth, which is part of the issue. I personally believe that the players have been engaged in an accountancy game for a very long time. In some cases there are of course long term loans, and yes any device needs maintenance and needs upgrades, yet the Pump Jack could run for almost a decade not getting any attention and the oil flows on. Now, we can agree that oil tends to be found in deeper regions, so the pump jack might not be enough. But the press never shows us that picture do they? Now when it comes to pumps, they need maintenance, sometimes not that much, sometimes the need for mechanics is a lot more pressing. Yet these people are not expensive, so even at $45 a barrel, 20 of them buys an engineer for a day and these places are doing a million barrels a day at times, so the money should remain ‘stellar’.

  • What if this is not just about the price? We know there are much more players in the field, but we all tend to forget that oil was always a finite commodity. It is like living on an island like Crete. Prices there fluctuate (I always loved Crete), but overall living there remains close to the same, even better, selling new houses remain at a reasonable high price. If you wonder how correct (or how wrong I am). Take for example the Bermuda’s an island near you. When you look over a longer timeframe, you will see that these places fluctuate like most places, but never to the extent the average price seem to fluctuate on main land. Take Hawaii, everyone is trying to own something there making prices spike. Now consider the fluctuations and how massive they are for oil. Here my first doubt grew. Yes, we all know that cars are more efficient, we know that spending is down, we know all that yet the overwhelming majority of the people need to get to work by car, by bus or by train. All of them require fuel, even the electricity made comes from power plants and not all of them are nuclear or coal based. Which gets us to bullet point point c.
  • other uses. For this we need to look at the Washington post (at http://www.washingtonpost.com/graphics/national/power-plants/), where we see that there is still a massive group of power plants fuelled by oil. Now, the fact that these are phasing out, because of pollution is a good thing, a great thing even, but for now many are not. In case of Hawaii, where 71% of electricity comes from oil run power plants, the statement from UHERO struck another issue. The Economic Research Organisation at the University of Hawaii stated at (http://www.uhero.hawaii.edu/news/view/273) “Electricity prices can be roughly boiled down to the price of oil, which is used to generate most of our electricity, plus price we pay for fixed costs like power plants, the grid and its management. These costs are fixed in the sense that they don’t vary with the amount of electricity generated and consumed. We have record high electricity prices because oil prices remain high“. Even though the page is from 2014, the collapse of the oil price should have been seen on many levels in Hawaii, but it is not (as far as I can tell), so why are prices pushed upwards and is the collapsed oil price is seen as an ‘evil’?
    In my view this is all about the way the books have been kept from the very beginning. Whether I rely on some knowledge I gained from Schlumberger when I worked there in the past. Whether I go from some news article and some academic papers, my view remains largely the same, the numbers do not add up, they never did but until the oil price collapsed no one had a clue how far they were out of touch.

And now we get the final part in this. Another article by the New York Times. This one is also from Clifford Krauss and it was given light on August 19th 2015. The title ‘Oil Companies Sit on Hands at Auction for Leases‘ is part of what I think is only one facet in the entire debacle. The leases are worth gold and if the numbers as stated go on, than the leases are not kept. So is this to frighten the actual owners of the land to sell cheap? How many leases are up for renewal in the next 2 -3 years? More important, what if the owners state that non-renewal opts for other requirements? The quote “the fortunes of oil companies are skidding so fast that they now need to cut back on plans for production well into the future“, Now we add one more fact from Europe. Scottish energy news reported (actual date unknown) “After nearly 40 years of production, the Brent oilfield – which gave its name to the North Sea benchmark – is now mostly empty“. It is not the only one, not the first and most certainly not the last. We can state that no matter how ‘complex’ the decommissioning is, that this is one of the smaller fields (globally speaking). Even as it was only 10% of the UK oil production, an island with a mere 68 million consumers, the field is dry. So what about the other fields? Is this truly just about leases and demand dropping, or is this to maximise accountancy?

I prefer and I am largely wrong here in this instance, but consider the elements I mentioned up to now. I feel that I am correct ‘the numbers do not add up’, I just do not know why, because it is not simple economics. If that were try then the investments would have been paid off, the maintenance of rigs would remain, but the investment dollars would have been a massive ROI many years ago. So as we consider the image of ‘Oil pumping jacks and drilling pads at the Kern River Oil Field in Bakersfield, Calif‘ from the second Krauss article, we must wonder what the article (at http://www.nytimes.com/2015/08/20/business/oil-drillers-sit-on-hands-at-auction-for-leases.html) the quote “The continuing drop in oil prices and low natural gas prices obviously affect industry’s short-term investment decisions, but the gulf’s long-term value to the nation remains high“. Is that so, in my view, thee quote that directly follows “Offshore drilling, particularly in deep waters, is some of the most expensive exploration done by oil companies around the world. Nevertheless, since the 2010 BP Deepwater Horizon disaster that left 11 workers dead and soiled hundreds of miles of beaches, and the one-year drilling moratorium that followed, production in the gulf has flourished“. So even with the dangers to the environment, the mistakes made and the fact that there is such a surplus to it all deep water drilling, the fact that the investment is massively higher from other options, that part continues?

Is that not the big weird?

If there is so much space to work, why set up your fashion store in a nuclear reactor? Because it amounts to the same thing. You go where you can make your fortune in as comfortable a setting, with the lowest risk and the best returns. That part is a given, has been for decades. Only the accountants have a different view where the taxed benefit of having to buy radiation suits overrules the need for clean profit.

The numbers have not been adding up and only recently with the unusual drop in prices do we seem to wonder why.

The final quote to look at is “That surge will partly offset an expected decline in onshore production because oil companies have reduced their rig count on land by more than 60 percent since last year“. Why? if it is running, as the oil is coming up, it is just going on nodding like a horse’s head, filling up barrel by barrel as the mechanic sleeps until one stops working. You only decrease to this amount when the returns, the actual amount pumped starts to lower by too much.

Make the looks for yourself, try to do the math, it does not add up. In my view whatever formula you get given from anyone you must question (even those from me). The article gives a surplus of two million barrels a day from Iraq and Saudi Arabia, yet the processed goods keep on rising in price. What are we not being told? What are we not seeing?

I’ll let you decide on that part.

 

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September 11, 2015 · 00:13

Wakey, Wakey

Finally someone in the Guardian tech section seemed to have gotten a clue, the title ‘Video games have a diversity problem that runs deeper than race or gender‘ (at http://www.theguardian.com/technology/2015/sep/10/video-games-diversity-problem-runs-deeper-than-race-gender)makes an attempt to scratch a surface that many gamers knew and until recently I was nearly the only one trying to break it to the audience. So happy hurray hurray to “a games industry insider with years of experience in a variety of studios. They wish to remain anonymous“, a singular person hiding in plurality! The quote “I don’t really care if you put a female avatar into Assassins Creed” is interesting, but also extremely wrong. Not for political correctness reasons, in that regard I can be even more politically incorrect than an ecstasy head shagging a crack prostitute in the main chambers of the House of Lords. No, this is all about innovative gaming, a female character could change the field and the quote is part of the problem as I will illustrate soon.

It is the quote “The problem of marginalisation in games development isn’t just about women, or people from different religious or ethnic backgrounds, it’s about entire genres. Marginalisation is happening in the very fabric of the design process, and this is just as damaging to the health of the industry and its ability to hold our attention” that gives a pause, because I have stated part of this for well over 2 years. You see, when Ubisoft started to claim the release of an Assassins Creed every year, which I still see as the beginning of the end for Ubisoft. They show a nice face, their books might seem nice, yet overall they have been lucky with over 50% now based on the digital channel. Yet, there is also cause for concern, first the Division is delayed again until 2016 (Q1), which if it is truly a good game will still rake in loads of capital, yet consider on how AC Unity was close to a flop, in my view the ‘sales numbers’ seem high because Unity came free with nearly every Xbox One shipped. It is one way to get the sales numbers up, but will it give contribution (you know revenue minus costs)? Now AC Syndicate and so far the game is another iteration with another location, with Prince of Persia styled chase scenes, repetitive missions and triggered events. This is part of the problem. Yet, Ubisoft must also be praised, you see, the game ‘For Honor’ is part of the stable that can revive gaming. Gamers wants something new, they want change and For Honor seems to be all that, new, smooth and challenging (as far as I could see).

My biggest issue with Ubisoft remains that success is not a formula, yes a formula does tend to diminish the chance of failure, in equal measure a true success becomes utterly unobtainable too. Add to that unrepaired glitches and a QA department that adheres to marketing regulations and a disaster is close to an assurance. I have stated it in the past on more than one occasion. The article states “Mainstream big-budget video games have been shifting towards a mechanical singularity for years, and it’s really time to ask if that’s something that might be keeping people away too“. It is not a wonder that independent developers are now starting to be the big thing in gaming. If we ignore a release date we get Hello Games, by Sean Murray with ‘No Man’s Sky’. What is interesting here is that even the gospel papers are using ‘hints at release dates’ to pull in the viewers to their site. This must be a first in gaming history too! The old games still have the pull of two generations of gamers, David Braben is proving that with Elite Dangerous. More people are flocking towards the games that offer more than a mere 10 hour trip, a game that offers more than just the chases, the views and a fake open world. Metal Gear Solid 5 is in that case unique, Fallout 4 is unique, and none of those game franchises come on an annual base. The weird part is that Ubisoft sat on a treasure, Black Flag could have been the pirate RPG Sid Meier could not make because technology stopped him and marketing relied on the AC brand to proper something that was close to utterly perfect. They got lucky because Black Flag become the only decent game on launch night of the PS4. I reckon that is pretty much the only reason why it became the success is should not have been destined to be.

Linked to all this is the quote “The thing is, the recent excitement around Capcom’s decision to release a remastered version of series favourite Resident Evil 2 suggests there’s still a large audience for the original recipe“, this is absolutely true. The second one was an amazing piece of work and gamers remember that, which means that the IP can be reapplied to the new consoles. Re-applicable IP is worth a fortune, because any established IP of quality is more than a mere lottery ticket, it is the grail to a 9 figure revenue ready to be a pool of sustenance. This is why I believe that games like Ultima 4,5,6,7, System Shock (1+2) are not dead, they only await the right team to fix it up for the system of today (or tomorrow) ready to feed 50 million hungry gamers. That’s just 2 out of a dozen of IP’s ready to service a community that has a hunger that will not go away. Even as we speak, new games are coming, yet the approach that Tomb Raider took, no matter how nice it looks, it shows perfect graphics at 10% of the gaming time the first game brought. It doesn’t matter whether this was a lack of budget or vision. Gamers are offered less and less, which means that the old IP shows 5 times the gaming the new games are doing.

This is all proven in addition with the quote “Nintendo’s recent Wii U multiplayer “shooter” Splatoon provides a pretty good example of how thinking outside of the box – mechanically as well aesthetically – can turn a “core” genre on its head and make it speak to people who enjoy a slightly different way of playing games“. I think it goes beyond that. This game is worth buying a WiiU for. An original game has always had that effect. PS One with Tekken (Tomb Raider can almost a year later and truly brought sales numbers to a high), PS2 with Ridge racer V, Dreamcast with Soul Calibur, GameCube with Star Wars Rogue Squadron II: Rogue Leader, the list goes on and in that regard PS4 and XB1 both disappointed. Yet overall the next gen consoles are now showing less exceptional games and the future is not super bright. Yes there are really good releases but the number of them are not great, in that regard we see a new wave, consider that many (including me) are currently more interested in the remake of the 3 Mass Effect games for NextGen systems than in Mass Effect Andromeda. That is brought through disappointing NextGen releases and sloppy QA. So far Phantom Pain is one of the few true NextGen releases that are turning public opinion about by being truly exceptional, another title in that regard is Witcher 3.

The appeal for the massive joy that playing these old masters brings cannot be ignored, yet that also brings the problem that the title gave, namely ‘Video games have a diversity problem‘, it does and until true NextGen originality comes knocking (more than 3 titles) this feeling remains. Yet, good games are coming, the E3 showed that, but gamers do not know when and the Ubisoft problem is not going away at present. The quote “A new generation of successful indie developers is currently moving into the mid-sized AA space that so many more experimental companies occupied throughout the 1990s – and they’re hiring” is the most uplifting one, because that brings more likely than not a new wave of originality (we hope) and that will get the gamers on board.

I believe that 2017 is what will make or break the current consoles, yes the PS4 is doing extremely well, yet both systems have a massive market share and as the great titles are brought that field will move in either direction (PS4 vs XB1). That struggle will keep gaming alive and as more gamers have both systems they will win no matter where the game ends up, but the winner will be decided by the best games, Microsoft learned that with the 360 and ignored that with the XB1 as the powers that be decided on some ‘family entertainment system’ a choice that nearly bankrupted the Microsoft console division. In all this one part must not be ignored. It is ‘diversity’ and the owner of that part will bring the winning ticket to a console, for a long time Sean Murray held it with his upcoming game, yet as the flawed choice of keeping people in the dark on release date grows, so will the interest in the game dwindle to anti-climactic proportions, which is a shame. What Sean forgot was that gamers do not mind waiting, as long as they get some insight as for how long. We will wait until Q1 2016, but we want to know about the delay (and for roughly how long) so that we can buy something else to play. Sean forgot about that part, the fallout will come and as fallout 4 is released people will no longer wait and just move towards another game that gives them long term pleasure. I truly hope that we get to play No Man’s Sky because I believe this to be the one new game that will give me long term pleasure, the one side AAA game marketeers just do not grasp. It was never about the price, it is about the fact that 10 hours of gaming is not gaming, it nothing more than a narrated short story we can do without.

One part the article did not illuminate.

 

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September 9, 2015 · 21:39

The cold light of logic

I have been jabbing my head whether I should write this. You see there is a witch-hunt going on and I honestly have an issue with witch-hunts. In my mind, a witch-hunt is never ever done under the light of reasoning. It is always done hiding behind and exploiting waves of emotions. All this started when a barrister called Charlotte Proudman decided to link to another barrister named Alexander Carter-Silk. The man accepted and wrote the quotes “Always interest to understant people’s skills and how we might work together“, he was delighted to connect, but the statement (given before the quote) that became the issue was “I appreciate that this is probably horrendously politically incorrect but that is a stunning picture”.

The wave of accusation that followed regarding ‘misogynistic behaviour’ regarding a Human Rights Barrister is now completely out of control. Anyone who has a chip to grind seems to go out on a free for all.

For my view? It is a stunning picture. I say that after have been a photographer for wel over 25 years. I started my photography passion in the late 70’s and seldom have I seen a photo of this level of quality. I’ll up the ante! I state here and now that you will not find 1000 photos of this quality in LinkedIn, a place with 300,000,000 registered members. I compared the photo of Charlotte Proudman to Kim Kardashian, Ariana Grande (Nickelodeon actress), Taylor Swift and Zac Efron. They are not even close to the photo result of Charlotte Proudman. Now, as a photographer the first person I blame for that is the photographer.

After that I wonder whether Charlotte Proudman (in this specific case) is overreacting. Consider the emotion you feel when I state this! I am not claiming she is, I am wondering whether she is. That remains a valid question and if you cannot consider that, then you should not judge because whatever you think you are weighing, you are definitely weighing elements you are not honestly considering, which implies the act of misjudgment

The writer stated from the beginning “this is probably horrendously politically incorrect“, in all this he mentioned the picture, not the person.

And let’s be clear, When I digged a little and found the same picture in high resolution (from her website), which it is the same pic we saw in both LinkedIn and on her Twitter account. The photo is what I regard as pristine quality, now the question the follow are mere questions. I do not know the person, I never met her and I have no idea what she is like. Yet the image shows her skin to be perfect (was it photo shopped?), her eyes have a colouring and clarity I have seldom witnessed in person. I compared them to the close ups of the eyes of Ali Larter, Mila Jovovich and Claudia Schiffer. Not the colour of the eyes, but the super sharp colouring of the eyes. All these facts do not make for the mind of Charlotte Proudman, but take these elements and now consider a very professional photo of Charlotte Proudman. Her photo stands miles above the photos of women (men too) that make a living from their looks. In all the witch-hunting waves, no seemed to have taken a rational look at what was stated by a Human Rights Barrister.

Not some lawyer or Judge in the commercial field, nope a Human Rights Barrister!

Now, we can agree that the statement was unfortunate and it was most definitely not the best statement to make, but this barrister must have been blown away by the image that was linked to the connection, I was blown away and I have been a photographer for a long time.

There is another quote (at http://www.theguardian.com/law/2015/sep/08/charlotte-proudman-alexander-carter-silk-linkedin-photo-comment-law-firms), it is “Most people post pretty unprofessional pictures on LinkedIn, my comment was aimed at the professional quality of the presentation on LinkedIn, which was unfortunately misinterpreted“. I personally agree with that part.

In her own statement “The eroticisation of women’s physical appearance“, so in that light how should we see the LinkedIn photo from a Caroline Pemberton? She is a TV presenter, a producer and her photo shows the image of an experienced model. We could go on with models like Nikki Prat and Sue Di Chio, The quality of the photo of Charlotte Proudman beats them all with miles to spare. No one took a good look at the picture and they all hid behind the emotions of text. By the way, the pictures of men (even those dependent on looks) are massively worse. Russel Crowe, Zac Efron, Richard Branson even Barack Obama. Now, I cannot vouch whether those profiles are real, yet with 8 million followers at least one real profile will be amongst them.

In all this there is a reality. “‘I am on Linked-in for business purposes, not to be approached about my physical appearance or to be objectified by sexist men“, as she herself states. There is 0% doubt that this does not happen, yet in all this, I have some serious doubts whether Mr Carter-Silk had any intention of being that kind of a person (I never met him, so I cannot vouch for that part), yet in all my years on LinkedIn those in heavy professional walks of life, most of them rely on LinkedIn and pardon the ‘unacademic’ phrase, those who rely on that part of life: “we tend to not shit where we eat”.

Meaning that people like both Alexander Carter-Silk and Charlotte Proudman both see LinkedIn as the professional portal it is. The massive witch-hunt wave I am watching unfold now seems to be about people and their own political agendas. When we see quotes like “Feminist barrister Charlotte Proudman explains why she is NOT for ‘equality’ & how Feminism is NOT about ‘equality’” (from @FeminismIsLies), we must acknowledge that the spinning is starting. In final thoughts, I must give mention to Sam Thomas (@iamsamthomas) with “Spot of advice, gents: “I appreciate this is probably horrendously politically incorrect” is never a promising opener“, he is absolutely correct! In equal measure mention must be given to Sarah Butcher (@MadameButcher) who stated “What to do when someone tells you your LinkedIn photo is ‘the most stunning they’ve ever seen“.

Both sides made mistakes one side for stating amazement the other, not for speaking up (which one should always do), but by speaking up against the one person who more likely than not had no misogynistic or sexist objective in mind. I have been wrong in the past, I will be wrong in the future, but here, I get to rely on 35 years of experience in photography and it is unlikely that I could have made that shot (but then, I was never graduated with a degree in photography.

Delta Python Lobster

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September 5, 2015 · 22:37

Ronald McDonald died!

Today’s event is not from the papers, not from some newscast and not from some special operations guide. This is just me, having a few dollars in my pocket and at some point I was hungry as hell. I needed some food, desperately. So, as I was passing by McDonald’s I made the bad call to enter that place, I had passed Hungry Jacks for the simple reason that the queue looked way too long there, it was lunchtime after all. Now, Macca’s was never the cheapest of places and when we take a look at their website we see that it is all about ‘the message’, it has always been about the ‘message’, but how should we react when we see their quote: ‘Quality ingredients for quality food’. The ingredients do not mention bacon, perhaps there are no quality requirements for bacon?

When looking at their menu, the triple cheeseburgers is not even mentioned, so again, perhaps there are no quality requirements for that ‘food option’?

What brought this about? Well, as the images show, I ordered a triple cheeseburger and as I like a cheeseburger to have some bacon, I decided to add bacon to that order, added $1. Seemed a little large, but, I was hungry, so as the receipt shows, my lunch $6.50.  FoodReceipt
My lunch got served, here we have the kicker, look at the size of that….Whatever that was. Take a look, I used my middle finger, just to show how the burger is barely a finger long (honestly!) and we have to be fair and take the longest finger. So, even though it is called a triple cheeseburger with bacon, it looks like finger food, one finger squared, just one piece of finger food at $6.50.  Fingerfood

Now let’s take a look at the reality with the last part.

Take a look at that lovely bacon, a little less than $12 a Kilogram. Yes, all that bacon, whilst the piece shown in the previous picture is likely to be no more than 25 grams, so McDonald’s has a 400% margin (roughly) on bacon (likely more as they get a much better price deal then consumers do).  OinkyBacon

Now, for the most I have no issue with shops having margins, but consider that lately, we see an army of non-McDonald’s people make claims in many places (like the Huffington post) ‘Commenting in the New York Times Kyle Smith says that those opposing the idea of the McDouble’s nutritional worth, are ignoring the fact that it is great value-for-money for customers‘ (a 2013 article). Now for some cold logic, when a company offers an addition with a margin of over 400%, the idea ‘value for money‘ is something we can ignore from day one. In addition, when se see (at http://www.forbes.com/companies/mcdonalds/), stated to have a 92 billion market cap, with the ‘achievement’ #124 in Profit, we can again throw ‘value for money‘ into the wind. You see, value for money requires something to be well under 400% profitable to be allowed that title. I have nothing against Macca’s making money, for the most I never spend money there, so if others want to buy that food, than that is just fine with me. Value for money means a sizeable (or really cheap) portion. KFC with their deals lately (last month fries for $1 and this month 24 nuggets for $10), now that is actual ‘value’, not too nutritious, but still value. A burger the size of one finger squared is not good value, that is food at a higher price than the average tapas place would offer it (I consider Tapas to be actual finger food of decent quality) which is at times at least genuinely nutritious (as far as tapas can be nutritious).

You see, these ‘junk food vendors’ are now moving into another direction. Now we see a very dangerous development when papers, not just the Huffington post, where this quote came from (at http://www.huffingtonpost.co.uk/2013/07/30/mdonalds-mcdouble-cheapest-nutritious-food-in-history_n_3675128.html) state: “Junk food costs as little as $1.76 per 1,000 calories, whereas fresh veggies and the like cost more than 10 times as much, found a 2007 University of Washington survey for the Journal of the American Dietetic Association. A 2,000-calorie day of meals would, if you stuck strictly to the good-for-you stuff, cost $36.32, said the study’s lead author, Adam Drewnowski” You see, obesity and other problems tend to be caused by junk food, not by vegetables.

Professor Adam Drenowski knows this, hence it is my personal opinion that he has been misquoted in a massively unacceptable way. In his article ‘Obesity, diets, and social inequalities’ (attached at the end) we see “As incomes drop, energy-dense foods that are nutrient poor become the best way to provide daily calories at an affordable cost. By contrast, nutrient-rich foods and high-quality diets not only cost more but are consumed by more affluent groups“, in addition there is “given economic constraints, especially among lower income groups, not all consumers have the same degree of choice when it comes to purchasing healthful fresh produce, fruit, lean meats, and fish. For many, the choice was removed long ago by economic and employment policies“, which is what is at the heart of this (source: Wiley Online Library: Drewnowski, A. (2009), Obesity, diets, and social inequalities. Nutrition Reviews, 67: S36–S39. doi: 10.1111/j.1753-4887.2009.00157.x).

You see News Corp (at http://www.news.com.au/finance/business/mcdonalds-sending-profits-to-singapore-to-dodge-497-million-in-tax-according-to-report/story-fnkgdftz-1227361248667) stated that ‘McDonald’s sending profits to Singapore to dodge $497 million in tax, according to report‘, the quote “McDonald’s uses its franchising model to generate most of its revenue through royalty payments which are then siphoned off into offshore tax subsidiaries, the majority of which it does not disclose in its annual reports” should not be a surprise, yet is McDonalds to blame? In the end business is business and if the population is unwilling to pass Maccas by, do we have a right to complain? The additional quote “McDonald’s “operates an extensive network of subsidiaries in tax havens, the majority of which it does not disclose, and is not required to disclose under SEC rules, in its annual report”“, is all about the ’emotion’ but the reality is that McDonald’s is not breaking any laws! Politicians have again and again refused to close some of these loopholes. These are acts not achieved on both sides of the political aisle, which means that none of them get to sling any mud!

Which gets us to: ““There is no excuse for governments to cut public services like health and education when they let companies like McDonald’s shift billions of dollars in taxes offshore,” Public Service International general secretary Rosa Pavanelli said in a statement“, yet Miss Pavanelli seems to skate around the issue that until GOVERNMENTS close the taxation loopholes they have, large corporations can continue their ‘business as usual’. That is the part many players have remained silent on. Australian SBS ‘the Backburner’ (Australian version of the Onion) gave us the reality in another way. They stated “International fast food chain McDonald’s has defended its poor taxation record saying that it should be exempt as it does a public good of slowly killing the population” (at http://www.sbs.com.au/comedy/article/2015/05/20/mcdonalds-ceo-we-may-not-pay-tax-least-were-killing-you). This could be truer than we bargained for, especially when we consider the paper by Professor Adam Drewnowski. Still, McDonalds has not done anything wrong, or have they? OK, they did not break any laws (at present), as far as I can tell. Yet, questions need to be asked and it is time that certain issues are dealt with. You see, as I personally see it, our time is wasted by both politicians and the press. The article from last May in the Guardian (at http://www.theguardian.com/business/2015/may/05/mcdonalds-tax-avoidance-investigation-europe) gives us the quote “The European Union competition commissioner Margrethe Vestager said on Tuesday that she was examining claims, made by trade unions, that McDonald’s paid just €16m of tax on royalties worth €3.7bn between 2009 and 2013“, and only now this is investigated? In addition we see “Heidi Barker, a spokeswoman for McDonald’s, which on Monday promised to transform itself into a more modern, progressive and transparent burger company, said: “We will decline to comment on your inquiry.”“, invoking emotion against McDonald’s, yet nowhere do we see the statement: “The European Union is investigating required changes to the European tax system so that EEC governments will receive taxation due“. That part is missing in equal measure from most of the Commonwealth nations, which beckons the question ‘Who is serving who in the end?’ and why has it taken so long and so many administrations for any government to truly address it? Questions the press at large does not seem to be asking either, just hands us ‘emotional’ editorial on how evil a food place could be.

In addition, we should address one final part. It is the statement involving former CEO Jim Skinner (2004 – 2012) “However McDonald’s CEO Jim Skinner defended Ronald McDonald by saying that he is an ambassador for good and “it’s all about choice”“, so if it is about choice and the choice of McDonald’s has become exploiting maximised profit (which is not a crime), can we accept that the ‘original’ Ronald McDonald is truly dead and will the next McDonald’s clown we see be spotted wearing a Gieves & Hawkes suit?

I’ll let you decide!

Drewnowski-2009-Nutrition_Reviews

 

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September 2, 2015 · 22:42

Get the Frack out of here!

For the UK it is a small place, it can be found to the right of the North Sea and it is called the Netherlands. Today, a judge has decided that the Dutch Gas Corporation (NAM) has been found responsible for the massive damage houses in the state of Groningen had been subject to. The initial 900 claimants can rejoice to a chunk of 5 billion Euro. This is only the beginning for the NAM as the judge also decided that all houses within the earthquake region will have the right to file a claim against the NAM.

You might state that this is not such an issue, but is that the case?

On the 19th of July 2013, in the article ‘The Setting of strategies‘ (at https://lawlordtobe.com/2013/07/19/the-setting-of-strategies/), I wrote: “we should not forget the issues that the Dutch county ‘Groningen’ is going through as it has seen a rise in small earthquakes giving home owners massive costs to repair and additional losses in house values. These issues are to some extent denied/ignored as the investigation is going on, yet the damages that the people see in the news on a regular bases tells another story. At present corporations are now claiming for millions in damages from both the Dutch gas company (NAM) and the government“, now the invoice is due, which gives view that fracking has been an experiment that came at a massive cost, costings that are ignored by those who ignore bad news. I ended the article with “We, the Commonwealth nations must stick together to stay afloat and survive, fight together to become the nations of true prosperity again. None of these strategies are ready for that essential need!“, as I see it, I have been proven right.

On the 27th of November (at https://lawlordtobe.com/2013/11/27/two-deadly-sins/), in the article ‘Two deadly sins‘ I wrote “The question becomes whether George Osborne has been properly instructed involving the risks he would place Wales in? If he is briefed by stockholders, the UK should take another look at these proceedings. I understand that heating is hard and very expensive, but can people continue when they are faced with long term, perhaps even unrepairable damage to England itself? Can that be acceptable? I am not a geologist, so there are elements I have no knowledge of, yet it might be realistic that many Walesians did not sign up for Shale Gas experiments when it could cost them both Cardiff and Swansea, both containing the largest population in Wales. Is Britain ready to pay for 350,000 damaged homes?”

Now with the NAM losing their case, these issues are now adamant for the UK too. Did Minister of State for Energy and Climate Change Andrea Leadsom consider these dangers when she made her speech yesterday? The Lancashire Evening Post (at http://www.lep.co.uk/news/community/fracking-is-great-opportunity-1-7438282) states: “Shale gas is a fantastic opportunity for the UK. The industry could be worth billions of pounds to our economy, provide more than 60,000 jobs, creating financial security for more hard-working people and their families while also increasing our energy security“, with the NAM now losing billions, how secure is that future? More important, apart from the earthquakes the Netherlands had, how secure are the catchments of the toxic chemicals that are used in the fracking process?

There is a bigger issue too. I agree with her statement “There is no question that the UK needs natural gas. It meets a third of our energy demand, and we will need it for many years to come. If we carry on the way we are, we’ll be importing 75 per cent of the gas we need by 2030“. The UK should not be dependent on all this, in all this a solution must be found and as it stands, fracking is not the solution, it never ever was. For all this we need to take a look at the article (at http://www.bbc.com/news/science-environment-20595228) called ‘Fracking: Untangling fact from fiction‘, an excellent BBC article that does state “Their report indicated that future earthquakes as a result of fracking could not be ruled out – but the risk from these tremors was low and structural damage extremely unlikely“, which amounts to the information the NAM gave in first instance, now a massive multi-billion euro bill is due, which begs the question: “Is the juice worth the squeeze?” I cannot state this for certain, but there are question, even as we see the statement “the UK has more than 50 years of drilling experience and we have the best record in the world for economic development while protecting our environment and people“, the answer the BBC published puts all this on loose screws, it makes for a debate on the amount of danger houses and drinking water is handed as fracking is still the operational solution that remains the number one consideration. My worry is the quote “Operators will pay communities £100,000 for each exploration well site plus 1 per cent of production revenue, worth £5m-£10m, to be used as the community sees fit“. If that comes with a blanket non-liability clause than the NAM issue shows the dangers of considering all this. When the government shells out millions and gets a billion pound claim in return, we should consider the longer term effects that shale gas has.

In the end fracking was never the money making swine the Dutch hoped it would be, in addition, the case as it was lost by the NAM (on all counts no less) shows that the long term consequences are also a partial unknown. The NAM will get additional bills in losses and damages, whilst the revenue now falls away and most of that will fall towards the person with the damaged home. The coffers (those that George Osborne controls) gives additional worries when the invoices do come in. it would make the faintest of notion that a few coins were to be made falls away towards the deadliest of costs, namely that of a claimant holding the government responsible for the loss of value on their house. Groningen in the Netherlands is the least populated area of the Netherlands and the damage there is expected to be soon in excess of 5 billion Euro. The conservative party cannot afford damages to that extent, fracking is just too risky an endeavour!

 

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August 31, 2015 · 01:41

And so it begins!

Even though Marine Le Pen still has to deal with her daddy, the one person who seems intent to drown the part his daughter was able to make a reality. His extreme approach was never going to work, now that she has shown this, his intention of making that future a non-possibility. Of course her opponents are happy as can be that Jean-Marie seems to go on tantrums making National Front seem too extreme, but the National Front members know better and soon Europe will know this too. What I predicted well over a year ago is still on course, and now, finally the press seems to take a little bit of notice. The quote in the French RFI is “French far-right leader Marine Le Pen has called for an end to all immigration to France, legal and illegal. In a speech aimed at rallying her Front National (FN) ahead of regional elections, she failed to mention her father’s expulsion from the party but did lay into immigrants, Islamists and President François Hollande” and “They don’t tell you this but the immigration situation in France is totally out of control,” Le Pen said at a meeting to mark the start of France’s new political season. “My aim is clear: to stop immigration both legal and illegal. The FN’s programme officially calls for immigration to be limited to 10,000 people per year but Le Pen went further, declaring, “We need national borders for France”“. Of course there is an issue getting this to move as Hollande is still president, but the clarity is a fact. National Front is now on the move, the data as given shows that the anger after the 21 August failed attack on a high-speed train from Belgium to France, France itself is becoming more and more extremely unaccepting regarding Islam extremists and foreign Islamists. Marine Le Pen called for “all foreigners on file for links with radical Islamist movements to be deported“, adding that ““radical mosques” should be closed and their imams be thrown out of the country if they are foreigners“. The French are realising that they got lucky, according to CNN “The three men — a member of the Air Force, an inactive National Guard member and a civilian” stopped what could have been a massacre. The French have had enough and so they should. This view, partially due to what seems to be President Hollande’s inaction. Whatever actions he undertakes now will only fuel the Le Pen campaign.

Now we have a problem, one that hits many others. If France remains on this course, England have no other option but to invoke Brexit. It needs to do so before Frexit becomes a reality. My reasoning is that whomever goes first will have the best options, not the worst options, after that the curve goes down fast. It is for that reason that I oppose the view from François Heisbourg in the Financial Times (at http://www.ft.com/intl/cms/s/0/20eb52bc-4cb1-11e5-9b5d-89a026fda5c9.html) the quote “It has a xenophobic and illiberal force all too keen to take advantage of popular fears about the impact of migration in the shape of the National Front (FN), Europe’s largest extreme right wing party, with a base representing some 25 per cent of the electorate. But, until now, Paris has not indicated that it has any clue how to cope“. You see, some might call it ‘xenophobic‘, yet this is the second attack within France and this one was almost successful. We should regard the circumstances a miracle, most will downplay the events into ‘the public can protect us‘ but in all, the governments failed and an open Europe is a dangerous situation, not all nations have the benefit of a tunnel and 5 ferries. Many other places are leaky as a sieve. France has entry points from many overly liberal nations, Belgium, Germany, Switzerland, Luxembourg and Italy. Belgium also gives access for the Netherlands and the boats are pouring into Italy. France no longer feels secure and yes, it is clear that National Front is pressing that issue as the Financial Times states, but is that fear incorrect or inaccurate? In addition the quote “Europe’s leaders need to live up to our responsibilities as humans and as neighbours, assume part of the burden, and talk straight to the electorate. Continued European and French fecklessness will only improve the far-right’s prospects of success, and will deepen what is already an unprecedented crisis“. This sounds very logical and ‘civil’, but Mr Heisbourg forgets that as the Chairman of the IISS and of the Geneva Centre for Security Policy he lives a nice sheltered life in the areas of far higher income then most others have. I will immediately agree that the bulk (let’s say 99%) are true refugees hoping for a better life, it is the 1% that is a problem, moreover, if we should learn anything it is the fact that most European nations do not have any level of infrastructure to take care of these refugees. That is the part many are ignoring. It is a direct consequence of bad budgeting. France and Italy are direct examples of evidence here. The UK and Greece are also in a place where funds are lacking. Together we are looking at close to 7 trillion in debt, in all that those governments are seeing an influx of thousands of refugees trying to find a future whilst support is no longer a financial option. Interesting how so many players ignore that part in all this. Yet the people of the UK, France, Italy and Greece see the immigrants for what they perceive them to be: “a direct threat to liveable income” any refugee who is sincere in his travel is also sincere in finding a job, a way to support their family. One in 10 in Europe does not have a job, any job given to them will be another job not going to their own citizens. This is a warped number as these people are often not equipped to do most of the jobs but the low schooled ones, bring a wave of fear to those in lowly paid jobs, fuelling places like UKIP and FN, which is why the French issue is escalating. What is not clearly shown is the effect that 270,000 refugees in Greece and Italy alone have on the EEC. I understand that people like François Heisbourg have an idealistic view. For the most people like him truly believe in that vision, but as governments cannot maintain their budgets, as large corporations are paying less and less taxation and as they fuel their own board of directors, governments at large no longer have any proper means to support such an influx. Whatever these people tell you, whatever fairy-tale you get told, realise that 270,000 people will cost us between 270 and 500 million each month. So this takes up to 6 billion a year and that is just from the present group, now add the 2014 group and in addition the people that will come in until December. Now explain to me how these nations who are already missing out on billions a year will add that to their invoice?

In all this, the people all over Europe see their cost of living rise, their past income is not coming back and the financial troubles for Europe are only just beginning. The Chinese market is a mess and it will influence the American market too. To what extent? I cannot tell, I actually do not know, but what I do know is that any change in the EEC will have a massive influence on the American bubble and the American way of life. Most of these facts have been ignored by many players of the media, there was always a whiff of ‘prosperous foresight‘, followed soon thereafter by ‘managed bad news’. Now as more and more people feel the pinch of non-sustainable cost of living, their Samaritan tolerance went straight out of the window.

With the Chinese market in turmoil, Germany, France, the US and the UK are now feeling the dangers that a collapsed Chinese market brings. The 0.7% growth in the UK could soon become a negative number, fuelling fears for the people who are not even close to move out of the valley of debt. With that fear in the UK, the fear in France will grow even faster and Germany will soon fill the ranks. We are so willing to be Samaritan when our lives are decently secure, but that is no longer the case and François Heisbourg should know this. Yes, they are correct that some places like Calais are incidental, but overall 270,000 people are not incidental and that number is only a small part of the entire collection.

These ignored facts and half-truths all moved under some rug is part of all the events that allow for groups like National Front to grow the way it does. This all falls into nothingness when we realise the millions, yes millions of refugees in Jordan and Lebanon. If you think the price from Europe is high, then what is the price that falls in those two nations? Even if we do not completely ridicule the statement in the Sydney Morning Herald, where we see “Alarmists overstate risk of deluge in West from refugee ‘flood’“, we see a flood of ’emotional’ statements like “Australia could relieve some of the pressure on Europe by taking in several thousand genuine refugees to resettle here” and “Everyone has the right to seek asylum, the hysteria over the tiny minority around the world who do so by sea is bewildering when we consider people have been sailing around the world for centuries” (at http://www.smh.com.au/comment/smh-letters/alarmists-overstate-risk-of-deluge-in-west-from-refugee-flood-20150828-gj9urp.html), all nicely ignoring the fact that this planet is not at 5.7 billion as it was in 1995. No, 20 years later when it is 7.3 billion. Nearly all the nations are deep in debt and their infrastructures can for the most not even contain its own population. If the people truly, really truly wants to be humanitarian, then get a majority to agree to a 10% rise in taxation. No, that will not do either, that money will have to come from the rich. 4,000-10,000 will have to pay for billions they do not have. A social structure that failed from the get go, because those so into support of that, have been unable to cull business by properly taxing them. Labour giving billions in subsidies, draining the treasury coffers. They did this in Australia, the UK, the Labour way and now as there is no money they all cry foul. Is that not weird?

The initial issue of budget, no one seems to be able to do it and now, as there is no money left, they all wonder where our humanity remains. Well, that went to the car factories so that they got to make a car $1900 cheaper and now they moved to Asia. The UK has the Flagship £1bn youth unemployment scheme, as well as the issue that Prime Minister David Cameron has failed to curb welfare spending. That is not an attack or a bad thing. It is a mere consequence of the economy in the UK that only appears to be growing but it is nowhere near where it was and the people in the UK are for the most down in their finances and will remain to be so for at least a decade. As such, the infrastructure suffers as loads of money basically go down a drain. In all this we hear about the need for humanitarian aid, but none of the treasuries has the funds to allow for this. It is the most basic of failings, perpetrated by governments on both sides of the isle for the better part of 2 decades. It is not about blame, it is about the reality that the bulk of people are ignoring. In the end most lives depend on what a spreadsheet allows and none of them have allowed for any substantial space for ‘the budgeting of refugees’ a massive failing. I wonder if the power players hoping for an Arabian spring had any idea the massive backlash their actions would have. Now well over 200,000 killed and millions displaced, with no end in sight. When the millions of refugees start dying of starvation, or disease, where will the humanity of our soul be budgeted?

 

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August 30, 2015 · 11:54

Medici decided to do Shakespear

All the world’s a stage, and all the men and women merely players; they have their exits and their entrances. This is what went through my mind when I saw ‘Phone hacking: CPS may bring corporate charges against Murdoch publisher‘ (at http://www.theguardian.com/uk-news/2015/aug/28/phone-hacking-cps-may-bring-corporate-charges-rupert-murdoch-publisher) this morning. You see, the phone hacking scandal is not new, this started in 2011, and now, 4 years later the CPS decides to get a clue (or was that gives a toss?).  It matters not where they are at, the news as given seems to be the aftermath to the party someone seemed to have missed. The question becomes, who is the mad hatter? Is it the one giving the party? Perhaps that label is attached to a notion, a gimmick or even an organisation. It does not seem to be an individual. Let’s take a look at the story, you see, this is the fact of writing on the mad hatter “The Hatter explains to Alice that he and the March Hare are trapped in a never-ending tea party because, when he tried to sing for the Queen of Hearts at a celebration, she sentenced him to death for ‘murdering the time’. He escaped this fate, but Time, out of anger at his attempted to ‘murder’, has halted himself for the Hatter, keeping him and the March Hare at 6:00 pm forever“. If we paraphrase ‘murdering time’, we could get ‘wasting time’. But whose time was wasted? Is one of the players really a mad hatter? We no longer use Mercury in the fabrication of hats, but the issue remains, this article reads like it is something else entirely. I could go on with the March hare, but I think I am already getting through to you. The question becomes, who is Alice and why is she at this party?

There are two quotes, one following the other that gives way to my thoughts “The Metropolitan police handed over a file of evidence on News International – now renamed News UK – to the CPS for consideration after an investigation stretching back to 2011, when the News of the World was closed at the height of the scandal“, which gives us, why is the CPS only now taking a ‘better’ look? 4 years later, is that not odd? Then we get “We have received a full file of evidence for consideration of corporate liability charges relating to the Operation Weeting phone-hacking investigation”, which implies that the CPS and other players never looked at corporate liability charges the way it should have been looked at. This now gives us loads of questions and it should leave you with the question ‘What exactly was behind the looking glass?’ Who was looking, or better stated, who was NOT looking.

The quote “The CPS decision comes six months after the US department of justice told Murdoch’s company it would not face charges in the US” leaves the impression that the actions of the CPS have been in very bad taste, the rights of the people had been violated with impunity and only after the press at large felt the impending dangers that their time of abuse was over (due to the Levison report) did they dress up like debutantes, eager to take whatever was ‘thrusted’ into them to avoid losing ‘their’ power base. All the efforts in how they claimed that they would be worthy of self-administration, worthy to remain ‘unaccountable’. The ink had not even dried on the verdict when we got to read about the ‘suicide mission’ of Malaysia Airlines Flight 370.

Only now do we see that Murdoch’s company ‘could’ be prosecuted (that does not mean it will be successful) regarding corporate liability. I am not buying it. When we consider the subtitle ‘The Serious Fraud Office (SFO) is set to interview former Tesco chief executive Philip Clarke as part of its criminal investigation into the supermarket chain‘ (at http://economia.icaew.com/news/august-2015/sfo-questions-former-tesco-ceo), whilst the news remains massively silence regarding linked party Pricewaterhouse Coopers, we have to start asking a few very serious questions. Yet, the article also tells us: “the Financial Reporting Council launched a probe into the roles of PwC and various members of the accountancy profession involved in the preparation, approval and audit of its accounts“, we should worry if any of this will go anywhere. The entire Tesco matter was a six billion plus pound drop on the economy. Not the smallest of events, yet no serious investigations, or if there is, the press is steering clear of all this, which is another oddity entirely.

Yet 10 days ago, we see “The FCA has dropped its probe into Quindell after the Serious Fraud Office launched a criminal investigation into the business and accounting practices at the insurance technology firm” with the added “In May Quindell announced that PricewaterhouseCoopers had completed an independent review of a number of its accounting policies”, as well as “PwC also identified that some policies were not appropriate. Quindell’s own review confirmed PwC’s findings“. Are the involved players playing footsie (the use of involved is intentional, this game had more than two players), or are we seeing the start of a new dance, one where in the end, no one goes to jail and no one loses anything, other than a few slapping of the wrists.

So how does this all links? Well, it doesn’t link, they are separate entities, but the given is that we are watching several plays where pretty much all the actors will get away with murder and as the cadavers on stage are real, the people go home reflecting on how realistic it all looked, not realising that we watched games with actual casualties.

Are we facing the beginning of a new Machiavellian play here?

The quote “A source familiar with the original investigation said there could be an element of politics in the transfer of the file. “My best guess is because nobody in the police has the bottle to draw the line under this, they have just passed the buck on the CPS” gives us something to ponder. The CPS website gives us this: “The statutory role of the Crown Prosecution Service is to advise the police in certain circumstances, and to conduct criminal prosecutions. The police provide evidence and information to enable the CPS to carry out these statutory functions“, which gives us the thought ‘if it is statutory, why was this not done sooner?‘ So why did this happen after such a long time, why was the CPS not chomping at the bits on day one that there was a clear issue with the news of the world? In my view, we need to consider that there are more elements in play. Political elements. It is merely a speculation from my side. I would think that cases like Rolf Harris and Jimmy Savile prosecution elements would have learned their lesson, but that does not seem to be the case and face it, this is about money, nothing sexual sexy about it, so the press does not seem to care.

The only question becomes is this truly about going after Murdoch, or is this about tying down resources so that they do not have to go after PricewaterhouseCoopers? My side on this is purely speculative, but consider the fact that the CPS has 8000 man and the fact that the SFO would be (read should be) looking at PwC, the fact that the press steers clear of it is weird to say the least. The Tesco mess will take a long time to unravel, the fact that it is kept away from everywhere is a matter of concern to all.

That is where we are at. So there was no typo at the start, we are watching certain people wield a spear, it is thrust at certain players who will most likely survive and it seems to be for the benefit of theatrics and ‘non-convictions’. Even now, as we see PwC named in linking to Quindell, the press steers clear form PwC regarding Tesco. So in all this, what is wrong with the picture we see, moreover, why is there ‘suddenly’ (implied it is sudden, it is not a given) an investigation 4 years later, one that seems to have been activated as the Americans pull away, which beckons the question why the CPS waited for the American parts in the first place.

 

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