July 4, 2015 · 23:13

Ruled by cowards

That was my first thought this morning, the Guardian is full of news, on how Greece “needs up to €60bn (£42bn) of extra funds over the next three years and large-scale debt relief to create “a breathing space” and stabilise the economy“. Really? In all this, no move will be made until after the referendum, but the fact that Greece goes a way they do not like, a 60 billion Euro carrot is thrown into the mix. So as we see that the IMF now reveals a deep split with Europe as it warned that Greece’s debts were “unsustainable”, which we already knew, we see absolutely nothing on the accountability of Greece, its choice of politicians and it taken political policies in the last decade.

Consider the rules at creditcard.com ‘Preteens should learn that borrowing money costs money, and that when you borrow, you make a promise to repay‘, now there are two main reasons why things go wrong, the first is because things change, a person loses his job, a town falls into recession, these are usually temporary issues, and a delay tends to solve matters. Yet when the child has a compulsive buying disorder, that person will have all the toys and all the goodies and no usable credit card. Last there is the group of people who are both in denial and rationalising, this applies to Greece and pretty much the political BULK of the EEC.

They are in denial that they overspent and they are rationalising why it was spent in the first place. Greece being the front runner, because Greece is now in the hot water tub. More important, several players are now stepping on the plate stating things like unsustainable and debt relief, which was a given for a long time, yet NO ONE is holding Greece accountable (at present), for the things they did. It will be pushed towards ‘it was the previous people’ and these people are not to blame. We can allow for both to be truths, yet the current administration has done NOTHING to make serious changes, changes to prevent this from happening from now on. This makes them equally guilty. So as the Guardian published yesterday ‘IMF says Greece needs extra €60bn in funds and debt relief‘ (at http://www.theguardian.com/business/2015/jul/02/imf-greece-needs-extra-50bn-euros) and now follows it up with ‘IMF says no third bailout without debt relief‘ (at http://www.theguardian.com/business/live/2015/jul/02/greek-debt-crisis-athens-creditors-referendum-yes-no-live) yesterday, it seems to me that the people behind the screens are slowly releasing information in an urge to keep the status quo going, the fact that this will hit everyone down the track is not their concern, like former Greek politicians, they will leave it for the next person to solve.

What a tangled web we weave!

Now, we see additional hilarious statements as Yanis Varoufakis starts spinning its tail. With messages like “Europe has taken a “Political decision to shut the banks down” as a way to force Greece to accept a non-viable decision” on Bloomberg. Let’s not forget that the ECB had to give Greece 3.3 billion in emergency cash, making the total of cash through the Emergency Liquidity Assistance (ELA) €68.3bn (£50.3bn) (source: BBC), so this means, that whilst people can only get 60 euro’s a day, and as some source stated “Greek banks down to €500m in cash reserves as economy crashes“, we see that 11 million people could take out 660 million euro’s leaving absolutely no money left in the banks (or ATM’s for that matter), so, how about stating that the banks were closed because Greece had no money left? As a professor of Economy, I would hope that Yanis Varoufakis can use an abacus and calculate the dire situation for himself. Giving us the issue that as a politician he is spinning half-truths as I see it (I do accept that as a politician he had very little options to work with).

You see in all this, my massive issue is not the status this parliament is in, they were handed a really bad hand. It is the utter inaction that propelled this situation into the limelight. So why bash Tsipras and Varoufakis? That is the question I ask myself, because I must look at reasoning in all matters!

I have no hatred or ill feelings towards Greece, I always loved Crete! I have nothing against these politicians as persons (never met them), but their actions call into the light certain elements we must inspect and investigate, even within ourselves, because if we do not do that, we become players in the blame game and there has been way too much of that on many sides of the monopoly table.

Now we look at news with more ‘fearing’ upcoming events of utter negativity ‘Greek economy close to collapse as food and medicine run short‘ (at http://www.theguardian.com/world/2015/jul/03/greece-economy-collapse-close-food-medicine-shortage). First the subtitle “Alexis Tsipras urges people to vote no in Sunday’s referendum as capital controls bite and vital tourism industry sees tens of thousands cancel holidays in Greece“, how interesting as politicians and spokespeople were all about on how tourism was great and how the numbers would continue.

For example ‘The record boom in Greek tourism with more to come, says Tourism Minister Elena Kountoura‘ (at http://www.neomagazine.com/2015/04/greece-has-never-been-sexier-the-record-boom-in-greek-tourism-with-more-to-come-says-tourism-minister-elena-kountoura/), where we see  “All entities that deal with tourism including our ministry and the people of Greece have come together and joined hands so that 2015 will be an even better year. The feedback so far is very positive and we feel very optimistic“. Which is an April 2015 article, in my article of April 22nd, we see the Ekathimerini quotes, where the quote a drop of 50% came from, which I thought was overly pessimistic, it had foundations as Global Travel reported a predicted drop of 40% from the Russian shores. Now we see that Ekathimerini might be getting closer to the mark than we thought. Tourism is an important factor, because it is the first and direct influx of funds to the small business owners all over Greece, with a stated 50,000 tourist’s now changing destination, it becomes a very dangerous time for the Greek economy, when the tourists stay away Greek gets a new level of nightmares to deal with.

Then we see the quote “Greece’s economy is on the brink of collapse after the capital controls imposed ahead of Sunday’s referendum left the country with shortages of food and drugs” as well as “The survival of the Syriza coalition, formed just over five months ago to repudiate five years of austerity programmes, was in doubt as Greece started to suffer shortages of basic provisions, including the sale of vital drugs in pharmacies nationwide” You see, the second one is the problem, it hides another matter, the fact that a generic ‘commercial’ side can no longer survive in the Greek environment. I knew it was going to be bad, but this is showing another matter all entirely, a side many papers left in the shadow of the events. You see, if capital controls brought basic shortages to the surface, what else are the people (not just the Greeks) unaware of?

Consider the quote “Greek islands, where thousands of holidaymakers headed this week, have also been hit, with popular Cycladic destinations such as Mykonos and Santorini reporting shortages of basic foodstuffs. More than half of Greece’s food supplies – and the vast majority of pharmaceuticals – are imported, but with bank transfers now banned, companies are unable to pay suppliers“, and contemplate what capital controls allows for limiting the requirement of food and medication, unless it is done on credit, or done under a condition when currency has dwindled to zero. Of course the situation is not that simple, yet when imposed capital controls (as reported) stops food and medication from reaching the people. If it is a governmental ploy to push for a vote (not entirely impossible) than we can truly state that the game is changing for the Greeks and the power players behind the mirror.

This is given added weight when we consider “The ECB will meet on Monday to decide whether to step up its help to Greece under its emergency liquidity assistance scheme. The head of Greece’s banking association, Louka Katseli, told reporters: “Liquidity is assured until Monday, thereafter it will depend on the ECB decision.”“, so is this part of the fact, or is it another level? You see, if the Emergency liquidity opens the influx of medication and food, we have a nation truly out of cash. This is not a story that makes me happy, it is a sad continuation for a nation of people who have ended up with the short end of the stick for too long and in addition their latest government has done almost nothing to quell the issues that truly needed attention. So as we are now a day away from the referendum, we seem to bulk up question after question, most of them all relate to the referendum and more important, what will the consequence be on Monday?

Monday will be a milestone for the Europeans, not just the Greeks. You see, no matter what, the French and the Italians will be all about securing their borders, securing their financial status, because when we see Mark Carney all over the news with “He said the risk to the banking system in the UK has increased but added that the central bank was ready to take whatever action is required to protect Britain“, yet he also warned that Britain’s exposure to the rest of the Eurozone remained ‘considerable’” (at http://www.thisismoney.co.uk/money/news/article-3146443/Greece-deadlock-risks-UK-financial-stability-warns-Mark-Carney-adds-BoE-ready-action-protect-Britain.html). It is the part that is ignored by many people and a many reporters. You see, no matter what, France and Italy will be all about setting their projected and their presented status.

Yet, it is the French RFI that gives me “Elsewhere in Athens, in a backstreet with graffiti-painted walls not far from Omonia Square, is the Alexander the Great restaurant. Its terrace is full. But not full enough to keep the business running. “We have only 10 tables, down from 30, because the overheads were too high,” says Sodia Blacho, a lawyer who helps her father run the eatery in her spare time. “We are a family business. All our family members help around without being paid. We used to have 10 staff members but now we have only three left. We have to borrow individually some money to invest in the business and to keep it going.”“, this shows a different side. We all know that many restaurants are depending on tourism, but beyond that people have to eat, when places like this falter, is it a combination of issues? Not just the tourists, but what happens when business models fall under the changing conditions of an economy to this extent? I feel certain that there are more places, other places that have a similar issue to deal with. The interesting wisdom that people ignore as they bash a word called austerity, words of wisdom come from Dimitri Sotiropoulos, a senior research fellow with the Eliamep think tank, where we hear “Any type of austerity measures you can think of will be necessary in the next two years for Greece to stand again on its own feet and hopefully this will happen within the Eurozone. If it is going to be No, the prospects of Greece remaining in the Eurozone are very bleak”, the heart of Austerity ignored is a nation (actually pretty much all EEC nations) keeping a proper handle on its budget, when Greece falls, France and Italy become the next players that need to realise that the jig is up, no matter how committed and how up to date their payments are, when Greece falls 11 million people will start looking for any answer, anywhere in Europe to keep them alive and no one will be able to blame them. The news is only overshadowed by an article published today in the Economist (at http://www.economist.com/news/finance-and-economics/21656720-legal-reforms-may-help-chip-away-mountain-non-performing), where we see the quotes “the government last week introduced an emergency decree aimed at unblocking a backlog of bad loans. The hope is that this would allow banks to lend to more deserving companies instead and so boost the economy, which after three years of recession grew by 0.3% in the first quarter“, “This has become especially problematic as the financial crisis has caused the number of companies in distress to soar: annual corporate insolvencies rose from around 6,000 in 2007 to more than 14,000 a year in 2013 and 2014. The result is a mass of impaired loans—€325 billion ($360 billion) as of December“, as well as “Italy’s justice ministry has appointed a commission to come up with plans for a comprehensive overhaul“. This is all emphasised by the subtitle ‘Legal reforms may help chip away at the mountain of non-performing loans‘, nice to see an article to phrase what I have been telling for almost a year. Italy might have options as it is making changes now, not in a year from now when it is possibly too late, with almost 30,000 companies going bankrupt in the last 2 years, this year will be a cruncher for Italy, especially with a contracting economy. All this changes with Greece, with 2.6 trillion in debt, Italy is another player altogether, even though the Italian outlook is nowhere near deadly at present, the Greek situation will push Italy (France too) towards the Abyss, now Europe has two direct options, the first is the four nations banding together (UK, Italy, France and Germany), yet the UK referendum is not sitting well with the other three players and France remains an item too. If President Hollande, President Sergio Mattarella and German Chancellor Angela Merkel set up a triad of economy between Italy, Germany and France, there is an option for limited growth, in that vision the UK becomes a pariah as the referendum talks have been voiced, in all that Hollande has time, but once Marine Le Pen gains too much traction with National Front, his options are over. In all this, those players will drop Greece like a bad habit, because Alexis Tsipras overplayed a really bad hand and he played it badly too. No matter how ‘clever’ some see the acts, those with all the coin behind the mirror will not hesitate to take a bruise regarding Greece if it means keeping the total 5 trillion debt issue from both Italy and France safe, when that goes it all stops for everyone.

No matter how it all goes next, the one change that will fill the minds of the policymakers will be legislation and prosecution, the view on how it filed in Greece is something these two nations cannot live with, through all this the French and British referendums will sound and it will have an impact on all changes that insiders and outsiders would want. When these evolutions remain absent, its population will see to what extent they are ruled by cowards, for the mere simplicity of fact that at present no one will get out of this without skin in the game, Greece was not cause of it, it just brought it to the surface a hell of a lot faster.

 

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July 3, 2015 · 00:31

Let’s dance (part 2)

I promised to get back to the game of Finance, to some it is called 50 shades of Greece, to some it is called the work of Atë, yet I see it as the result of a cloud of Stupidity, Inactions and Desolation. Without massive changes Greece will end up without any future left.

This is not some prediction, because the nation is bankrupt, or in default or even in a bad place. You see, whatever ‘promise’ that comes from any of the banks, power players or politicians, throwing money at something that is inert and unproductive is just waisted money. The Juncker speech of three days ago (at http://europa.eu/rapid/press-release_SPEECH-15-5274_en.htm), gives us all those politically correct words, with the quote “And a deal could also have ensured that we, the Commission, could go ahead with a package for a ‘new start for jobs and growth’ package of 35 billion euro to help the Greek economy get back on track“, so that sounds nice, but that is not even close to the factual issue as I see it. If we include the overdue payments (yes, plural), we see that before the end of the year, Greece faces 2 payments of the ECB at 6.7 billion Euro. The IMF has coming 4 times 300 million Euro, plus 2 sets of 600 million Euro and 2 sets of 500 million Euro, in addition, there is the 1.5 billion Euro overdue and the 750 million Euro shifted payment, which Greece paid for using the IMF emergency funds. You all forgot about that last one did you not? Which makes for 5.65 billion, so these two players are due 12.35 billion Euro before the end of the year alone. In addition there are 10 treasury bills maturing with a total of 15.1 billion, the last one is an issue, you see if Greece is very very very lucky, those owners would be ‘willing’ to roll them over, if not, the max damage will be 27.5 billion in before the end of 2015. That is just expenses with NOTHING paid for and the interest due on the loans has not been taken into account either. The important part is, is the fact that over 50% of that debt is an unknown, because who exactly owns these Greek bonds? To whom is payment due? These are the events that Greece already has and I have mentioned them before, so why mention them again. Well, these facts are important to consider, because what Juncker calls ‘new start for jobs and growth’ is nice, but what will the politicians use is for? This fund covers 80% of the outstanding payments and ZERO towards reducing debt.

So how will the Greek economy get back on track? That is the killer question, because there is no given path. Greece has very little to export, it has relied on services for too long and there is no real resolution there. I personally will not trust rock star Varoufakis (a valid feeling as he has not propelled Greece forward in 6 months). A man of all smiles and no substance. His blog (at http://yanisvaroufakis.eu/2015/07/01/why-we-recommend-a-no-in-the-referendum-in-6-short-bullet-points/) gives us 6 short bullet points, yet as a professor of economy from the University of Athens, he gives us plenty of disturbing afterthoughts.

1a. refused to reduce our un-payable public debt
1b. insisted that it should be repaid ‘parametrically’ by the weakest members of our society, their children and their grandchildren.

My view?

1a. Why? Even though previous elected officials spend it, you still get to pay for it. You accepted the responsibility of office, which include a maximised credit card.
1b. Nope! It just needed to be paid in some way, again, as a result from previous elected officials.

So point one, being 2 points can be seen as a failure because Syriza did not do the following:

  1. Immediately start the investigation on prosecution of previous officials (which might be a farce trial, but it would have given the proper presentation that Greece is truly making a change, his smiley smiley rock star presentation missed the mark by a lot, with the added danger that Jean-Claude Juncker might not have any sense of rhythm or blues, making the act a double miss.
  2. Instigate a serious overhaul of the Greek tax system, mainly taxability and tax collection. Even if it was still underway today, if started in February it would have given a clear signal to those holding onto 7 billion plus, that this elected Greek government was a Greek government that wanted to create a true future for the Greek people. The stress of the last week would never have happened.
  3. Instigate prosecution of tax evaders, not just a sham trial of a man named Leonidas Bobolas (which is actually a cool name to have), that 1.9 million euro bill did not last long did it? How about placing Kostas Vaxevanis in the limelight and giving the clear message that tax evasion is now a thing of the past. Greece could have started to annex these back taxes, many nations would be on the side of Greece here (France and Italy most enthusiastically), in addition, giving the tax evaders an option to pay back tax +20% within a week, or back tax +150% when accounts needed to get frozen, misreporting would come at an additional 200% of misreported outstanding taxation. At this point Syriza would become the most popular band ever. In a group of 11 million, these 2045 people do not add statistically to number of Greeks and after the culling of outstanding taxation the debt might be a smidge lower, showing again that Syriza wanted a better Greece.

NONE of these actions had been taken by Greece in any visible way. So, Ο καθηγητής Βαρουφάκης missed the boat in point one already.

I am skipping point two!

  1. The Euro group had previously (November 2012) conceded that the debt ought to be restructured but is refusing to commit to a debt restructure.

My view? It could have been a fair point if Greece would have shown any economic evolution as mentioned in the three points (by me earlier), restructuring is pointless if the machine is not getting the overhaul it requires. I have stated before and now that in all this previous administrations have been key in the failure of the Greek economy. Not just because the Greek economy collapsed, but what was done to repair it all? What concrete actions were made between 2010 and 2015 to restart the economy? This is a much harder question to pose, because it intersects on what could have done and what should have done. Which is directly coupled to Junckers 35 billion Euro carrot, you see, dumping money somewhere, but how and where will the economy be revived? You see, no money and no plan is destitution, a plan and no money is a future, money without a plan is a spending spree and a plan with money is a solution. It is actually THAT simple. Greece has had enough spending sprees, it is in a state of destitution, so it needs to get a future and move towards a solution. This is a simple path, but 3 Greek administrations have not pulled that one off, so they are in the state they are in.

I am not proclaiming to have the solution, yet no one else have any either. With the Greying European community retirement villages are an option. How many does Greece have? Consider that the nations with a retired population over 16% is Sweden, Denmark, Germany and Austria. All nations where the life style has been good. Now add to this the people who will start their retirement in the next 5 years. Thousands of people in relatively expensive cold places, they can in some cases sub-rent their property and retire in warm, sunny Greece. The food is good, the people nice and they move from a life with 4 months of summer to a life of 7 months of summer and the removal of cold winters (compared to their home turf that is). It is not a solution, but it is a start. Greece needs to become innovative and change the game all together. It is extremely likely that these solutions have been looked at, yet, how deep. Too many people look at solutions to fill their pockets, how many looked at it with the intent to fill the treasury coffers? Greece has a second option, is to use the church. Instead of making a short sale of places that came for sale, how about ‘nationalising’ them as tourist accommodation, managed through the church? Move hotels from foreign investors to local hands! Just an idea to start growing the foundation of taxable income.

In all this, the ideas by me should be regarded as laughable. Yet, how many options have been inspected? You see the problem does not go away by throwing a few billion at it, buying all the fish leaves you with a double debt, learning how to fish and get the pond to yourself will leave you with a future. Greece has limited products to work with, so it either adds products or it adds services, services is a first, products is often longer term, unless it is the service that becomes the product.

In all this I still have to address one part I talked about earlier. I stated “they have left, what should be regarded as criminal activities open to reactivation“, there is some of it (at http://www.globalresearch.ca/goldman-sachs-doesnt-have-clean-hands-in-greece-crisis/5459498), more in the annals of history. the article gives us: “According to investigative reports that appeared in Der Spiegel, the New York Times, BBC, and Bloomberg News from 2010 through 2012, Blankfein, now Goldman Sachs CEO, Cohn, now President and COO, and Loudiadis, a Managing Director, all played a role in structuring complex derivative deals with Greece which accomplished two things: they allowed Greece to hide the true extent of its debt and they ended up almost doubling the amount of debt Greece owed under the dubious derivative deals“, no matter where all this is going, consider the Greek bonds. I massively objected in the past against Greece being allowed anywhere near the bond market in April 2014. Consider the total value of Greek bonds out there, are they covered? Consider that Greece is completely bust, the fact that from multiple sources that Greek cannot repay its debt (amongst them the Finance Minister of Greece). Consider that Yanis Varoufakis stated on March 10th 2015 “Varoufakis Says Greece Was Never Going To Repay Its Debts” (source Forbes). So how come that at THAT point certain steps were not made to use the reserve funds Greece had at that time to settle the bonds. When you consider my opposition to bonds in April 2014 comes into view with the consideration ‘The terms on which a government can sell bonds depend on how creditworthy the market considers it to be‘, so as some power players had (as I see it) inflated the Greek credit rating, the question becomes, is the Greek bond market a continuation of the ‘Greekman Sachs’ protocols as played to hide debt, as such, should there be a more serious level of criminal investigation? Moreover, who are the involved parties and why are other parties not truly digging here?

In the end, let’s be clear, there is absolutely no indication that any laws have been broken regarding the bonds, is that not the interesting part? The one part that could have limited the issues now playing (like adjusting laws) is the one action 10 years of government had not adjusted. That seems to have worked out very well for Addy Loudiadis, Chief Executive and Director, Rothesay Life Limited and Managing Director of Goldman Sachs and a few others (Addy was just the most visible one), in all this we see that Greece needs changes, the law most likely first.

So can the Greeks dance? Unless their parliament wakes up, it is only one of many skills a Greek will need to add to his/her skill set to get by after the ATM’s stop working.

 

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July 1, 2015 · 22:16

Prosecuting Facebook

As I was trying to complete a few legislative issues regarding Greece, I noticed that another part had been neglected for too long, so I decided to cut Greece in half (at least the story) and now take a look at the situation where Facebook might find itself getting prosecuted in the near future in more than one way.

This story started in the Netherlands. The story (at http://www.meuknieuws.nl/wraakpornofilmpje/) ‘Facebook loses lawsuit revenge porn movie Chantal‘. So what happened?

There is a girl named Chantal (now 21), who at one point gave oral sex to her boyfriend, and it got filmed (never a good idea). On January 22nd, through a fake account this movie was spread through Facebook, after which her life turned into a hell. Even though Facebook removed the movie, the damage was done and the movie got spread into all directions. Soon thereafter the fake account vanished. This is the act of revenge porn.

The case got a twist when all the data was removed after two weeks, the data was permanently deleted. Additional information in Dutch can be found here (at http://www.ad.nl/ad/nl/34821/Rivierenland/article/detail/4072928/2015/06/12/Facebook-gegevens-account-gewist.dhtml). The data was (according to Facebook) wiped. The Judge has ruled that Facebook must show diligence and present evidence that all options have been searched to find any data pertaining the crime. The judge also stated that if need be a third party has to be assigned to find and trace the information. Now we have two issues. One is to find the data of Chantal, the second is that the acts undertaken by Facebook could imply that Facebook could also be prosecuted at present.

Why?

Well, if we go through Common Law (Australia/UK) we see that in Australia the Crimes Act section 254 states:

Destruction of evidence

A person who knows that a document or other thing of any kind is, or is reasonably likely to be, required in evidence in a legal proceeding; and either

destroys or renders it illegible, undecipherable or incapable of identification; or expressly, tacitly or impliedly authorises or permits another person to destroy or conceal it or render it illegible, undecipherable or incapable of identification and that other person does so; and with the intention of preventing it from being used in evidence in a legal proceeding is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum) or a level 6 fine or both. There could even be complications as the lady was less than 18 years old giving the case additional uneasy sides.

Ouch Mr Zuckerberg!

In addition, hiding in the US on this is not much help either, this is seen in California Penal code 135 (thanks to the site of Attorney Seppi Esfandi), the penal code states:

California Penal Code 135[1] makes it illegal to destroy or conceal any evidence, written or physical, that you know is relevant to either a criminal investigation or court case. The two elements of the crime are:

That you destroyed or concealed evidence that you knew was going to be used as part of the investigation.
That you destroyed or concealed the evidence wilfully.

Interestingly, he also states a few common legal defences. The first one is the application of the word ‘knowingly’, which already makes it hard for the Dutch party to progress, the second one if destruction was not successful, so if the information is found after the fact it becomes not an issue, because penal code 135 does not have any ‘attempting to commit a crime’ issues. They can only be processed if the deletion was a complete success.

So, in all fairness, my first message to Mr Zuckerberg is to call Seppi Esfandi for advice as the man has 13 years of experience regarding penal code 135.

Why is this still an issue?

Well consider the following sources: ‘Facebook keeps track of every message you type – even ones you don’t post’ (at http://bgr.com/2013/12/13/facebook-user-tracking-deleted-posts/), where we see the quote “Facebook isn’t keeping a database on all these non-posts’ contents, mind you — it’s simply keeping a record of all the data surrounding self-censored posts such as what time it was almost posted and whether it was set to be posted on a friend’s page or on the user’s own page. Kramer and Das say that Facebook wants to understand all the reasons that people decide against posting because the company “loses value from the lack of content generation” every time a would-be post gets the axe” This is a core need in social media data mining, with the specific quote “Facebook wants to understand all the reasons that people decide against posting” which implies that a post would also have records created with a league of meta data.

Then there is this quote ““So Facebook considers your thoughtful discretion about what to post as bad, because it withholds value from Facebook and from other users,” she writes. “Facebook monitors those unposted thoughts to better understand them, in order to build a system that minimizes this deliberate behaviour”“, which we got from http://www.slate.com/articles/technology/future_tense/2013/12/facebook_self_censorship_what_happens_to_the_posts_you_don_t_publish.html. So in anyone deleted the post, there would have been a record.

This is part one!

Now for the next part. This part is seen in ‘Turns out ‘delete’ doesn’t quite mean the same thing to Facebook as it does to you‘ (at http://www.digitaltrends.com/social-media/deleting-facebook-posts-fail/). Here we see the quote “New evidence suggests that Facebook might not really be deleting the posts you think you’re getting rid of. In fact, sometimes these deleted Facebook posts are reappearing“. So if that is the case, than we have two tiered evidence. If these messages are remaining, it implies that there was a record, which also means that if the movie and its metadata has been deleted permanently, Facebook could be facing California Penal Code 135, as well as the issue in several nations where such events have been happening, the only part Facebook could truly hope for is that it is all settled in the US, as it becomes a 6 months versus a 5 year stretch in Hotel Iron Bar.

Even if the case cannot stick, Facebook will now feel the marketing pressure and condemnation that it unknowingly assisted in the transgressors of revenge porn to remain non-prosecutable. So even as US legislation is still trying to make heads and tails of the act from Rep. Jackie Speier, the fact that it is law in some nations cannot be ignored by a global company like Facebook, in addition, the fact that all traces are claimed to have been wiped is further cause for concern.

The question now becomes: is Facebook in danger of getting prosecuted?

That question becomes even harder to answer when we go back to the Digital Trends article where we see: “We reached out to Facebook about the issue, whose representative only pointed out Facebook’s Terms and Conditions page, and highlighted the fact that that when you actually delete content on Facebook, it only goes away if it’s permanently deleted – which is tricky. The problem with permanently deleting anything on Facebook is the fact that nothing is actually seemingly deleted. Just simply “deleting” content stores the content to a backup Facebook drive temporarily. As Facebook puts it: “Some of this information is permanently deleted from our servers; however, some things can only be deleted when you permanently delete your account”“.

That was exactly what happened, yet can there be verification on whether the user deleted it, or whether Facebook removed the user? That part is not clearly given (as far as I could tell). Yet, the issue of truly delete photos/videos on Facebook was never truly achieved until 2012, which means that the video in question was no longer there, yet the fact that no separate log of uploads was maintained in some way remains an interesting mystery, especially in the light of this legal case. In addition, some logging of the original account should also have been kept, again, interesting that this was not done. In an age where 4 Terabyte can be bought for a mere $250 dollars adds to the confusion of why not keeping this logging data, especially as mined data is the bread and butter of Facebook!

This case calls for several questions, the Lady named Chantal might never get a clear answer, yet that should not prevent legislation from taking a long hard look at social media, especially in the age of lone wolf terrorism, because next time it might not be a lady in ‘Bee Jay’ mode, it could be an extremist showing the combination of 4 chemical compounds, which according to Matthew Meselson, a Harvard biochemist is extremely easy, the fact that this could kill a boatload of people makes the dangers of social media a lot more intense, when that media starts to wipe overwrite, not delete) data of inconvenience, the world could find out the hard way on just how dangerous social media could be.

Revenge Porn has been deemed criminal in several states, although they are usually treated as misdemeanors (until the bill by Rep. Jackie Speier gets passed), the case in the Netherlands gives us an uncomfortable truth and that truth is that Facebook seems to be lacking in keeping some victims safe, because the logged logging data could have achieved that very thing.

To state it clear in the end, Facebook is very likely not guilty. I will not state innocent, because certain data, even for mere mining statistics could have remained with Facebook, whilst not breaching any privacy, enough data to give assistance to digital forensics to aid Chantal in her plight.

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July 1, 2015 · 19:06

Dress rehearsal (part 1)

That is the question in my mind, are we in the final preparations of a new theatre play that will change everything? In the Green Room we have the people in preparation of the new mess they are about to bestow on the people of the EEC. A game that changes everything, yet the people behind all of this have a short term solution, because soon they will move out of the seats of power with a golden parachute, a golden umbrella, a golden handshake and a gold watch. They will get the most luxurious life imaginable, only by prolonging the power players. That is the very first thoughts going through my mind when I was looking at the article ‘Greek debt crisis: day of decision for Alexis Tsipras‘ (at http://www.theguardian.com/business/live/2015/jun/30/greek-debt-crisis-day-of-decision-for-tsipras)

When we look at this production in the limelight, we get a few parts, the introduction is all about comedy with the quick comedy play ‘It’s Greece’s problem, says Kremlin‘, yes, as Russia distances himself from that lefty organisation called Syriza that has elements of Marxist–Leninist, Trotskyist and Euro-communist. Must feel really nice for Alexis Tsipras to be the debutante at a Kremlin ball, only to realise he gave away his cherry for naught and got left out in the cold afterwards. Which means that one option he thought he had just left the exit on the left.

The intro act comes from Mariano Rajoy, our Spanish player. The quote ““What would happen if Greece came out of the euro? There would be a negative message that euro membership is reversible,” Rajoy said in a radio interview. “People may think that if one country can leave the euro, others could do so in the future. I think that is the most serious problem that could arise (from a Greek exit).”“, reflects not on Greece, but emphasizes on the danger France is about to pose. The players are comprehending the dangers, the news on Greece is coming from a few direction, but right from the bat, the others are now starting to manage the news any way they can. My reasoning?

Reuters reports: “Greece has not yet made any movement in response to a last-minute bid by creditors to broker a deal to end a deadlock over the Greek debt crisis, the European Commission said on Tuesday. Greek Prime Minister Alexis Tsipras called European Commission President Jean-Claude Juncker on Monday night and Juncker, after speaking to the chair of euro zone finance ministers Jeroen Dijsselbloem, explained what a last-minute deal could look like, Commission spokesman Margaritis Schinas told reporters. “This would require a move from the Greek government which President Juncker asked (for) before midnight last night. As we speak, this move has not yet been received, registered, and time is now narrowing,” Schinas said“.

In addition we see from Reuters:

30-Jun-2015 11:19:20 – EUROPEAN COMMISSION SAYS DOOR OPEN FOR GREEK DEAL, BUT TIME RUNNING OUT QUICKLY
30-Jun-2015 11:20:27 – EUROPEAN COMMISSION SAYS NO MOVE HAS BEEN RECEIVED FROM GREECE
30-Jun-2015 11:21:05 – EUROPEAN COMMISSION SAYS GREEK GOVERMENT WOULD NEED TO ACCEPT PUBLISHED PROPOSAL

In addition we see in the Guardian: “Danuta Huebner, chair of the committee on constitutional affairs at the European Parliament, has tweeted about the legality of Grexit“, she gives the following Tweets “A member state’s exit from #EMU without a parallel withdrawal from the EU, would be legally inconceivable #Greece”

The link refers to a PDF (at the end of the article), where we see in the abstract “that a Member State’s exit from EMU, without a parallel withdrawal from the EU, would be legally inconceivable; and that, while perhaps feasible through indirect means, a Member State’s expulsion from the EU or EMU, would be legally next to impossible. This paper concludes with a reminder that while, institutionally, a Member State’s membership of the euro area would not survive the discontinuation of its membership of the EU, the same need not be true of the former Member State’s use of the euro”

So, if the abstract holds any level of water, have we, the audience been played? Are we the people now being misdirected by missing legislation because politicians could not do their job properly? That is the question, because one EU paper, does not policy make. The introduction gives us “Until recently, to talk of ‘secession’ from the European Union (EU) would have been next to absurd“, really? Did you policy makers remember a man named Adolf Hitler in one corner and Arthur Neville Chamberlain with the Munich agreement in the other corner?

A paper linked to all this by Karolina Boronska-Hryniewiecka called ‘The Risky Game of EMU Withdrawal‘, which is implied to come from the Polish institute of international affairs gives us: “The EC’s statement about the legal “impossibility” of EMU withdrawal stems from the fact that no European treaty has included a provision for how a Member State could leave the single currency area. While Art. 50 of the Lisbon Treaty provides that any Member State may withdraw from the EU on the basis of a negotiated agreement with the EU institutions, it does not mention anything about the possibility of exiting EMU itself. At the same time, Art. 140 Treaty on the Functioning of the European Union (TFEU) provides that the rate at which the former national currencies are substituted by the “euro” for EMU members has been “irrevocably” fixed. What also follows from the EU treaties is that while membership is voluntary, participation in the EMU, apart from certain exceptions, is a legal, if eventual obligation of every EU Member State.”

The links come from Danuta Hübner, Chair of the Committee on Constitutional Affairs, European Parliament. So why did no one properly look into this, or even report on this? I personally expected that the European members of constitutional affairs had their affairs in order, which means that if one local yokel (Alexis Tsipras) cannot get his act in order, there are decent steps that can be taken to either get that person in line, or expel his nation. Now we seem to get introduced that expulsion is not really an option. So in all the theatre plays we watched, it seems that the part, ‘expulsion is impossible‘ was never ever mentioned, was it?

And in addition we get “Reports are mounting that the Greek prime minister has not only accepted a deal but will travel to Brussels, possibly as early as this evening, to discuss it with senior EU officials. The deal, based on reforms proposed by EU commission president Jean-Claude Juncker late last night, is believed to have been rubber stamped at a meeting of senior government official held at the prime minister’s office, the Megaron Maximou, this morning. The German daily, Bild, is also backing up the reports, saying Tsipras has had contact with high ranking EU officials whom he will meet imminently. “The prime minister’s plane is at the ready,” the paper said.”

This all comes from Helena Smith from the Guardian reporting. So, I feel comfortable trusting the source here. So now we have ourselves a fifth act. You see, in my view this is all about opening 7.2 billion if the 1.6 billion get paid. It must be really comfortable for any banker to underwrite a 7 days loan, with a nice percentage knowing that this payment is the first payment out of 7.2 billion. At 1% that banker ends up with a 16 million euro bonus, that is, if it is only one percent.

Yet, is it not me? Am I trivialising things, perhaps even over-dramatizing it?

Consider the next news “Here’s Bloomberg on Schaeuble’s comments: German Finance Minister Wolfgang Schaeuble told lawmakers in Berlin that Greece would stay in the euro for the time being if Greek voters reject austerity in a referendum scheduled this week, according to three people present. Schaeuble also said the European Central Bank would do what’s needed to protect the euro if Greeks voted against the bailout terms in the July 5 referendum, according to the people, all of whom participated in the closed-door meeting on Tuesday. They asked not to be identified, citing the private nature of the discussion. The German Finance Ministry declined to comment.”

Now we have a ballgame. There is also an issue, why do they need to be ‘not identified’? It seems to me that the European Central Bank would need to do what’s needed to protect the euro. Yet, in light of what made the news from Danuta Huebner, chair of the committee on constitutional affairs at the European Parliament, we now need to consider what options are there?

These are important questions to keep in mind. Consider all the news I have brought in the last 6 months through my blog. This is now ‘set’ in the limelight with the Guardian article ‘Alexis Tsipras: Mr Reasonable seizes the initiative from Project Fear’ (at http://www.theguardian.com/business/2015/jun/30/alexis-tsipras-greece-deal-vote-referendum), how misguided is that title? The quote “Faced with Project Fear, Tsipras wants to be seen as Mr Reasonable“, is as misguided as it can. They have not just changed the game, they have left, what should be regarded as criminal activities open to reactivation. (I will get to that part in part 2).

First two quotes “It little mattered that the new blueprint from Athens had a shelf life of only a couple of hours before Angela Merkel said there could be no fresh negotiations until after Greece’s referendum on Sunday” and “Somehow or other, Greece’s debt burden will be reduced. It can happen through a deal in which Athens gets debt relief for economic reform. Or it can came through a default that would swiftly follow Greek exit from the single currency. Everybody knows this, and it is bizarre that an explicit proposal for debt relief was not formally made to Tsipras in last week’s talks”

You see, the game is changing, yet some elements have been ignored and some were never given clarity. So as Greece wants another extension 2 minutes before midnight, as they want another bailout of 30 billion with better terms, the game is now taking another term, one that the people behind the screens cannot contain, in the end, they are cutting their own veins even deeper than Greece ever did, but let me back that up with some facts, because without facts, this all becomes a rant (which anyone can get whilst reading the Telegraph, or an equally disastrous form of news coverage).

The quote “Juncker earlier told Tsipras that a last-minute deal was still possible if Athens agreed to sign up to the creditors’ proposals presented last Friday. He also dangled the prospects of debt relief for Greece and a €35bn “new start for jobs and growth” programme” from the Guardian (at http://www.theguardian.com/world/2015/jun/30/greece-brink-financial-collapse-imf-deadline-hours-away) gives us the salutation I made on May 6th (at https://lawlordtobe.com/2015/05/06/whats-the-matter), where I stated “when the voters learn that Greece is about to desire up to 30 billion before the end of the year, so that it can pay the outstanding bills“, so not only was I right all along, it is possible that the Greeks delayed because of the fear what it would do to the UKIP numbers and subsequently a first serious move away from the EU. Now, not only is Juncker offering 5 billion in addition, it comes with very little extra hardship for the Greeks, especially the previous Greek politicians.

Yet, now, as I mentioned, the game changes. With the migrant issues in Calais, Marine Le Pen is about to take control of another piece of France, which will soon prove to be really bad news for President Hollande. In addition, the quote “In January she asked French President Francois Hollande to suspend the visa-free Schengen Area in Europe and strip dual nationals of their French citizenship if they carry out “barbaric crimes”“, give us an additional change. It is not a given that the changes to Schengen will happen, but if it does, it is clearly in addition a preparation to move France away from the EU. Her statement a week ago clearly indicates the change she wants to impose.

In all this, Greece now stands alone, because the drive on the shores of Brexit and Frexit are now clearly stated in the news, stated by these politicians, which in case of Marine Le Pen is not a good thing for Europe, because unless her demands are met, she will call for an exit from the EEC, not just the Euro, which changes the game by a massive margin. So when I see the quote “but what Tsipras has done is seize the initiative“, it must be stated that it is an incomplete view, because the response from both the UK and France is about to give the world of finance a massive headache, one that will continue for the next 20 months, especially as Marine Le Pen ends up as the next possible leader of France, for which she is currently in the lead, ahead of Sarkozy and Hollande. The laughing whisper two years ago, is now a realistic threat, interesting how so many journalists missed this escalation.

There are more signals, all indicative of one more act on the floors of the theatre.

And the act starts with a gloomy theatre, men and women in black, handing a folder, from person to person, they all look at it for a few seconds and give it to the next person. This goes on and on. Yes, we get to the article ‘IMF: austerity measures would still leave Greece with unsustainable debt‘ (at http://www.theguardian.com/business/2015/jun/30/greek-debt-troika-analysis-says-significant-concessions-still-needed). The story already starts with questionable statements “Greece would face an unsustainable level of debt by 2030 even if it signs up to the full package of tax and spending reforms demanded of it, according to unpublished documents compiled by its three main creditors“, the reason that I call it questionable, is because Greece is what I call a 3G nation, which means it will take three generations for this debt to become close to manageable. So, with that I imply that the debt is still a massive form of pressure in 2061, there is no escaping it. Even with reforms Greece is no longer able to meet the interest payments and the payments after the payment reduction, unless it makes MASSIVE changes to its laws and its social system. This includes holding politicians accountable for overspending, making them prosecutable for criminal negligence if they cannot meet the budget. It is close to the only change that will start stopping the madness. In addition, tax laws need a massive overhaul, one that should be part of the IMF demand before Greece gets one additional eurocent.

By the way, Greece is not alone, Spain, France and Italy are all 3G nations at present. The UK is not that deep yet, but it will take a generation of hardship to get the debt under control.

That (secret) document also states “that under the baseline scenario “significant concessions” are necessary to improve Greece’s chances of ridding itself permanently of its debt financing woes”, is that even a surprise? I figured that out over a year ago, doing the math of my fingers, an Abacus was not required, this is exactly why I opposed Greece to be allowed back on the market selling another 5 billion in bonds. But the power players wanted their commission and as I see it a 100 million euro bonus is just too good to pass up.

So here in short is part one of this story. Certain elements are in play and have been in play for some time. Greece has done next to nothing to clean up its act, its laws and its massive shortcomings. As we see again the voices of many shouting against Austerity, we have to wonder whether people even realise what they are shouting against. You see, austerity is merely keeping a budget, for close to two decades governments have overspend every year, this is how Greece got into this mess, it had spent money that it never had. It is not alone in this pretty much every EEC nation is guilty of this and whilst some are still afloat, Greece is the first one who cannot even commit to the due interest bill, that is at the foundation of this debacle. So austerity is not a punishment, it is not a right, it is a mere responsibility and it has been forfeited by nearly every EEC nation for much too long.

I will give more answers in part 2 of this article, hopefully the day after tomorrow.

Withdrawal and expulsion from the EU and EMU

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June 30, 2015 · 11:33

Lack of vision

It is nice to see something else than the collapse of Greece, ISIS in Tunisia or one or two other things that have covered the front page in the last few days. Although the abuse I got from my statement “Greece is no longer for billionaires, many multi-millionaires can now afford to buy that country” has been hilarious. You see, it is all about vision. I foresaw some of the issues now in play months ago, I can also see the events as some of the status quo players are panicking as they need a solution, or lose a lot more than they bargained for. All that is almost a given. The media is looking at ‘sexy’ articles from economists on how austerity is wrong, but none of them are looking at the accountability a nation has, whilst not keeping its budgets in order is equally hilarious.

You see, the status quo people are all about continuation of THEIR needs.

This all links to the article ‘Twitter to co-founder Jack Dorsey: ‘We don’t want you’‘ (at http://www.theguardian.com/technology/2015/jun/22/twitter-dont-want-jack-dorsey), it is a week old now, but for some reason it had escaped my view. It is a decent article by Alex Hern, not just because of the way he wrote it, but the consideration given in there gives us another view that is the consequence of ‘lack of vision’.

In the article we get the quote “The Committee will only consider candidates for recommendation to the full Board who are in a position to make a full-time commitment to Twitter”. This is an interesting quote to have from a board, especially as Jack Dorsey is one of the co-founders of Twitter. The wiki quote “The first Twitter prototype, developed by Dorsey and contractor Florian Weber” gives us another insight. Jack boy was at the heart of the birth of Twitter and this board is now stating that they rather have a full time commitment person. So as Jack is not the person they want, let’s take a look at the vision that Jack build.

Because of an issue one of Jacks friends had, he came up with another idea in 2008, it founded a company called Square. Even though Square is not doing too well, I personally think that this could be turned around. In my personal view competitors of Square have been having a go at this, because of the threat they feel. Square is a sound idea, I reckon it has a decent future if someone with international Gravitas (read: massive brass balls/boobs) gets involved. Even though Business insider has been a little too kind on Jack Dorsey (comparing him to Steve Jobs is a little bit of a stretch), it is clear that this man has vision.

In my view the quote “According to Nick Bilton, author of Hatching Twitter, that first ouster came because he didn’t spend enough time in the office, leaving work “around 6pm for drawing classes, hot yoga sessions and a course at a local fashion school”. “You can either be a dressmaker or the CEO of Twitter,” the company’s co-founder and Dorsey’s successor as chief executive, Evan Williams, reportedly told him, “but you can’t be both.””

On one side there is the idea that the speaker has a point, the other part is that the speaker needs to be a civil servant and not much more. This would reflect on Peter Currie, the chair of the committee, it seems that he was, or he knows where that quote came from, whilst he is identifying a permanent CEO, he seems to be missing the point. Being a 60 hours a week workaholic does not make the quality of work better. It just gives you grey hairs a lot faster, without the benefit of yummy moments whilst they changed colour.

You see, Jack Dorsey is one of those people who needs the additional things like hot yoga and additional fashion lessons because his next idea could be just one course away. One simple conversation, an interaction with for example a nurse trying to fathom the hammock for her little girl and jack could suddenly get that next golden idea, which is likely to benefit both Square and Twitter. For those board members (read: Evan Williams), let’s not forget that some people get their golden idea’s in other ways. It seems to me that from what I have seen, Jack Dorsey and Evan Williams are opposites to a larger extent. If Jack Dorsey is seen as another Steve Jobs, than Evan Williams should be seen as the next Bill Gates. They are totally opposite and whilst the board is trying to figure out which alpha designer they should side with, it might not be a bad idea to find a way to make it work with both. Having two visionaries in your flock is beyond extremely rare. I personally side with the Jack Dorsey’s. I have no business pattern no set discipline, other than my dedication to get the job done. Beyond that my mind wanders on other venues, trying to solve that next puzzle. In that view I saw that hiring specific people for Square could solve their customer service part. Consider the quote from Gigaom (at https://gigaom.com/2009/12/01/jack-dorsey-on-square-why-it-is-disruptive/) “My view is that Square (or something like Square) is going to disrupt the businesses of companies such as VeriFone and Symbol, a division of Motorola that makes point-of-sale devices. Verifone makes a $900 wireless credit card terminal vs. Square, which runs on a $299 iPod touch“.  Yes, this 2009 quote is industrious in shape, size and concern. Whilst places like Verifone are sitting on a business model that does work, Square revolutionised the idea overnight, basically, small business owners would have a tread stone of growth whilst avoiding all kinds of initial investments. Square is that golden idea the interaction of technology and innovation. That is at the heart of vision, how to make it all work differently!

What will be the next vision?

Consider these quotes: ‘People Want Safe Communications, Not Usable Cryptography‘ and ‘76 percent of consumers were not very satisfied with technology’s ability to make their lives simpler‘. There is a market, its consumer base is greying and they need a simpler solution that gives them access without heartburn of an instant stroke after a dozen error messages. The need for simple interface software, but with a range of options is a desire for literally the young and the old. The young because they don’t comprehend, the old because they don’t want the hassle. In all this, markets that are reason for powerful growth and Twitter is in the thick of it. Which means having both Jack Dorsey and Evan Williams is a good thing. If the G-spot of financial advisors is a growing customer base, than the revolution of both Jack Dorsey and Evan Williams, could spell an age of loads of financial orgasms, so as we cater to an evolving mass of people, one cannot have too many visionaries in one building. In all this there is the hardware that changes and the software that grows, whilst the media remains hungry. In all this, vision is the key to unlocking the universe where we live in.

So when we see the quote “Project Lightning is one: the new feature sees Twitter taking an active editorial role during live events, seeking out the best content both on and off the network and embedding it in a dedicated section of the social network’s app“, with the mentioned similarity to Snapchat’s Live Stories, we have to consider that Twitter is now entering an iterative state where it follows ‘other peoples visions‘ to grow its base, in all this I state that catering to the eccentricities of both Jack Dorsey and Evan Williams might be the solution to come up with something new, making Snapchat follow the new Twitter ideas, not the other way round.

So in this we see the need for vision, not to applaud the lack of it.

This we see in the article ‘How same-sex marriage could ruin civilisation’ (at http://www.theguardian.com/science/brain-flapping/2015/jun/29/same-sex-marriage-ruin-civilisation-science), please do not worry, there is a link in all this!

Let me start saying that as a Christian, I do not care! I think any person should find the happiness that they feel they deserve, if that is in a same gender relationship, than that is just fine with me. Finding happiness is already rare enough, having it denied is just utterly counterproductive. You see, someone Facebooked Leviticus 20:13 the other day “If there is a man who lies with a male, he should be stoned“, the fact that the US legalised marijuana the same time it legalised gay marriage is just slightly hilarious when you consider Leviticus. It is all about looking differently at things.

Which is not the view the Guardian article had by the way. Now we get the quotes “Constant exposure to rainbows could mean people can’t see colours as well, and this could be disastrous. How will they know when to stop or go at a traffic light? Or which wire to cut when defusing a bomb?“, which some would call ludicrous, because we can always appreciate colours, only the colour-blind have a predicament, so they will not pass military service requirement, which means they will never defuse a bomb, as for the traffic lights, they can see when the top, the middle of the bottom light is on, which means there is no impact on that either, a science article loaded with half-baked truths and inconsequential arguments. This is how we should see some boards of directors. Their fear of requiring a status quo is now possibly hindering progress.

We need to move forward by innovation, by doing something different, because stimulating the brain is the cornerstone of innovation. For people like Evan Williams, it seems to be narrowly focussing on something related, which is fair enough, for some people that makes a difference, for people like Steve Jobs and Jack Dorsey it is to get exposed to a field of events as wide as possible. It is not entirely unlikely that Jack will attend a course in Biomathematics only to come up with a new biometrics concept that will ensure data security for the next generation. All missed because a board of directors has an issue with what they called ‘dress making’.

You see, I find their stance slightly offensive, it is for that same reason I have been so harsh on Ubisoft. After it made its billion, it moved deeper into business models, which is a bad thought, I understand it from a business point of view, yet consider that video games are art. A business model will decrease the chance of failure, yet in my view it equally destroys the option of ‘exceptional’, the line between ‘genius’ and ‘murky’ is pretty thin. I listened for too long to corporate short-sightedness only to realise too late that they were clueless to begin with. People fixed on PowerPoint presentation de-evolving from ‘status quo’ to ‘getting by’.

And my evidence? Ubisoft has not produced any revolutionary game with a 90% plus rating (truly revolutionary games, not what their marketing calls revolutionary) for some time. The next evolution in games is mostly coming from the independent scene, those pushing forward on their own, remoulding a view and bringing true originality. Examples of this view is Mojang (Minecraft), Campo Santo (Firewatch), The Chinese Room (Everybody’s Gone to the Rapture) and Hello Games (No Man’s Sky), there are more, the larger players have been slacking in titles and in quality of games. They forgot to take a leap of faith, whilst relying on business models.

We see this more and more, considering that Elder Scrolls online has had massive delays, than the PS4 community gets “it’s even worse considering some cannot play on the games release date“, which is after a year delay. I came up with a sequel to Skyrim early 2014, no online, no multiplayer, just an option to make millions of gamers happy. It took me three hours to get the first idea, a few more hours to put part of this to paper. In addition, I randomly designed a new game in my head, no business model can correct for this. Is that it? No, I came up with a new concept for the game developing of RPG games. It remains in my head because I am a decent database programmer (as well as data cleaner and so on), but I am not really a programmer, which gives me a slight disadvantage. I will work it out sooner or later (likely later as I am finishing a law degree).

So I feel for Jack Dorsey and I am on his side. In the end, Jack will come up with another golden idea which will bring him millions, I hope he does that. That board of directors is another matter, these people seem to get the quorum to hold on to status quo and they will also have a person to blame when issues go south. This is at the core of my resentment of ‘the business model’ in the field of creation. It depends on what was and cannot truly value that what has not been made yet.

It is a lack of vision that drives us into extinction, not time. Because time makes us old, vision makes us wise.

 

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June 28, 2015 · 23:07

And the time is?

They say timing is everything, ‘EU ministers refuse bailout extension for Greece as referendum looms’, gives a clear indication that Greece overextended the timeline they thought they had. The makers of Arkham Knight are realising that they needed a little more time then they gave themselves, and all over Europe people realise that they seem to be running out of time. And as timing goes, the pressure from Greece gave David Cameron the additional time he needed. We now get the quote “David Cameron says he is delighted the process of ‘reform and renegotiation’ of the UK’s membership of the EU is ‘properly under way’” (at http://www.bbc.com/news/uk-politics-33281019), no matter how this bullet is pushed, the Eurozone will massively change over the next 18 months. With Greece pushing Italy and France over the edge, the UK is considering the safety of pulling out. In the meantime, the UK, to change this options, needs to change several parts of EU laws, so that there is no influence on British common law, if that is achieved, the UK could diminish the negative sides of the EU connection, whilst the pro-EU parts gain strength. This is one option and it is a good strategy, but in all this, Greece remains an issue. If Greece is given too much leeway, the system collapses, which leaves the UK the only option and that is to pull out, damage or no. This will also fuels France’s need to departure, which opposes President Hollande and gives massive visibility to Marine Le Pen, stating ‘we told you so!’ Now the Euro has no options left, whatever diminishing noise you hear, like the noise stated for many weeks, they will all suddenly inflate into stories on ‘how disastrous it all became’, ‘became’ is the operative word, which should be ‘was all along’. Even without Greece, the Euro had been set to become the maximum exploited currency around, which is less of a positive thing, when all over Europe its leaders are increasingly unable to keep a budget, the close to half a trillion that Greece could end up bestowing on them can be missed like a hole in the head.

The EU leaders have decided (as I see it) that there is no more time, no more extensions, either make the call or Greece enters the realm of defaulted nations. The next wave will be about another matter, you see, when Greece defaults, what happens to the outstanding debts? More important, what happens to the Greeks in general? The Greek people will get hurt in all this. Even though I am all about accountability, the Greek people, especially the retirees will get a massive hit in all this, whilst the politicians of previous administrations will have their long term golden years nice and comfy.

But we need to get back to the issue, you see, someone ends up with this bill and even though it might be ‘contained’ for now, the Greeks have squeeze every inch out of the debt they could and with payments due all over the field, this situation moved from worrying to hairy for the Greeks and is now a worrying state for any nation holding on to those debts, not to mention the 80 billion in liquidity overdraft.

So where are we all? What is the time?

The time is getting closer to midnight, as we see two escalations, the first one makes some sense. “The failure of the Greek government to reach agreement with the rest of the Eurozone’s finance ministers has raised fears of the European Central Bank (ECB) rejecting Greece’s request for continued emergency lending to keep its banks afloat“, in addition there is “bailout programme for Greece expires on Tuesday and the referendum has been called for Sunday 5 July“, these are the steps that follow, it does not sound worse than it is, but it really is a little worse than some people think. Even though there is clear frustration in the joke Alexis Tsipras has become, especially when we consider “The calling of a referendum will prolong the political uncertainty that a senior company executive said was “driving us nuts”“, this play was always on the Syriza agenda, but now, as there are no options left, the Greek people got run for 6 months by a rock star and a paper tiger, in the end, they chose poorly. The question becomes: how can this situation move forward? Which is also debate of the next part. This updated quote comes from Austria’s finance minister, Hans Jörg Schelling ““Greece would have to file a request to do so. The other EU countries would have to approve the request. Only then could Greece leave the Eurozone”“, this is regarding leaving the EEC. The question is, why Greece would want to leave the EEC. You see, out of the Euro is one thing, the UK, Sweden and Denmark are not in the Euro either. So Greece will have 3 impossible generations as Greece will try to re-float their way of life, yet those options might deteriorate into 5 or even 6 generations when they leave the EEC. Whatever that choice might be, it will be up to Greece to decide.

Back in the UK, part of the issues that play are:

‘Curb EU immigration by cutting benefits’ and ‘Make the EU more streamlined and competitive’, and to get what it wants the UK believes it will need to rewrite treaties agreed by all 28 EU members. This is part of the joy and the worry.

Consider that the EU setting was never set to be streamlined and competitive enough, why not? What was it about? Social refurbishment, or allowing financial structures and big corporations to get the best solution for THEM? That is a question, not an accusation!

Let’s face it, the UK needs to curb immigration (even though I am trying to get my ancestry visa) and for the most, the UK would not have an issue if these people are all contributing members, but that is part of the issue the UK has as everyone tries to make a new future in London, in its current congested way, London cannot continue. It needs changes, the EEC charter did not allow for that at present. Greece opened that door and it is about to change more. Both France and Germany need to think of both France and Germany and they too need changes, the situation called Greece made sure of that too.

Now we get to the last part in that article: “Downing Street has said the prime minister remains committed to ‘proper, full-on treaty change’ but it has acknowledged this is unlikely by the end of 2017 since it would trigger referendums in other EU countries as well“, this is the move the UK makes, which is a good move, it is fair and it is the proper approach. But that approach now hits another snag, which also has an impact on Greece. You see, both UKIP and National Front are all about nationalism and breaking away from the EEC. I am not condemning or condoning. I always believed that it is the rights of any sovereign nation to choose its path and its future. Greece choose poorly, will France and the UK choose better? I certainly hope so. Yet, this path, now gives UKIP the option to bring messages of ‘delay’ and ‘exploitation of Britain’. That is how Nigel Farage is likely to bring it, because that is how he sees it and that is how his constituents are voiced to see it. That wave is growing, many from the Conservative, some Liberal Democrats and a sizeable chunk of the UK Labour constituents feel more that way every day forward, which is the push UKIP hoped for earlier and it could start to happen over the next 3 months, it all depends on how the financial waves of Greece continue over the next 3 months, that is the impact the people are looking at. It goes beyond the UK, as stated, National Front is on that same ferry route. The push here is that because France is in a much worse state than the UK, the push away is also a lot stronger, depending on how the Greek situation escalates to Grexit and beyond. With France having a lot more on the line, we will see a stronger ‘appreciation’ for National Front and Marine Le Pen. Yet, how the escalation grows cannot yet be predicted, even though the growth of National Front has been stronger and their influence at present in France is a lot stronger than the UKIP has in the UK, so that fact must not be ignored. France add 11 National Front mayors to their nation, that part is influence, strong influence. So as they grow constituents stronger than UKIP can at present, with their presidential campaign happening in April 2017, the UK needs to make a change, because if France pulls out, and the UK is still in the mix, the game changes truly fast. So far, I remain in the view that David Cameron is making the right play for the UK, yet France could change the deadline for the UK. The imperative word is ‘could’, there are several variables in all this and the real game has not started yet, the pawns are placed on the board for the UK and France, the game is about to end for Greece, I hope the Greek people end up in a decent position, which is at present not a given. That part is also essential, the EEC better take a long hard look at that, because with every news of starving retirees as Greek retirement funds loses the value due to Greek bonds, will have a massive impact in driving the local population to their ‘saviour’, whether it is UKIP or National Front will not matter to the player.

We are about to enter a media war unlike any we have seen, because when the news comes of degraded pensions in a greying society, panic will come to the people. At present I have no clear solution, I cannot tell what would be the best way to go; how to go into that direction; too many unknowns at present. I always believe that united is stronger, Greece made me doubt that, because the power players were all about status quo. Now consider the fact that Greece was only 2% of it all, France and the UK are a massive part of the EEC economy, which means we will get carefully phrased words of misinformation soon enough, the question then is from whom and in what direction are they pushing the voters?

So what time is it and when midnight strikes, where will the pieces on the board be and which chess piece is which player, because that dynamic is not a given, not for many months to come.

 

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June 26, 2015 · 21:41

Questioning Assurance

A positive approach intended to question confidence. That is at the heart of the matter today. I have been involved in such tracks before, but in a slipping age of technology, where we see greed driven (or bonus driven) changes where some executives hide behind the excuse of giving new young Turks a start in the business, we need to wonder whether they were looking at the world through chartreuse glasses.

I have seen the stupidity (for the lack of a better word) of software firms pushing out software, some to make sure they kept some deadline, whilst the product was nowhere near ready. In a few cases they thought the product was truly ready and the QA department messed up in a royal kind of way. There is of course the third option, where a product was tested, was deemed good and things pop up. These are the three parts of QA the user faces, I have seen them all!

The third one is the clearest one. Development does its work, the QA department did all the test and then some and when released things go a little awry. Weirdly enough, this tends to happen to parts of the program that people seldom use, like that weird, off the wall setting that only 0.000001% of all Microsoft Word users tend to use. Microsoft had no idea, and at some point it gets fixed. This is just a flaw. You name a product, like anything in the range of Microsoft Office, Adobe Photoshop, Oracle, SPSS, Sybase or SAS Miner, they all have them. These programs are just too large to get 100% tested, and even when that happens, there is the interaction with another program, or with an operating system update that will then throw a spanner in the cogs. You only need to search for issues with Windows 8.2 or IOS 8.2 to see that things just happen. In the zero layer, we see the hardware, in layer one we get the operating software, in layer two we see the application, in layer three we get the peripherals (printer, keyboard, mouse and joystick), one massive sandwich to check! In any of these interactions things can go wrong and a QA department needs to sift through it all. Of course even if all of that did work correctly we see the fourth layer which is the user him/herself, who then decides to dunk that layered sandwich in tea. Boy oh boy can they mess up their own system! No software can truly prepare for that!

Yet in all this QA needs to have high standards, which are proven when we see the third option in all this. Options one and two are an entirely different mess! It is for the outsider often impossible to tell what on earth happened. I had the inside scoop on an event where something was marketed ready, yet the program was nowhere near that. Deadlines for stakeholders had to be met and some figured that a patch afterwards via the BBS systems would do the trick. So basically a flawed product went to the shops. I remember those days, that was long before any level of fast internet, I was a trendsetter in those days by owning a 64Kb modem, yes I was a speed demon in those days! LOL!

You see, legally the consumer is in a messy situation, product liability laws are not that strong, unless health and lives are placed in peril, beyond that, you would think that these consumers are protected when it involved fraud, yet, when we consider that part of fraud is ‘deception intended to result in financial or personal gain’, we see any case go south really fast when the defence becomes, ‘the consumer was offered a refund’ and ‘Your honour, our costs are massive! We are doing everything to aid the consumers, offering them a refund immediately’ and we see any fraud case go south. Consider part of this with the ruling ‘intentional perversion of truth’, the keyword ‘intentional’ can usually be swayed too easily, faltering the case of fraud. But in the core, getting people to sign on in the first weeks, getting that revenue on their boards can mean the survival of such a company, so some accept the costs for what happens to remain on the game board.

The other situation is where the Quality Assurance (QA) department messed up. Here is the kicker, for the outsider to tell which scenario played is impossible, without working at a place, it is an impossible task to tell, one can make estimated guesses, but that is as good as it goes. For example, Ubisoft had a net profit on -66 million in 2013, they fell from grace in 2008 from $32 to $3.80 per share, that’s a not too healthy drop of 90%. The interesting part here is that when we look at their games, we see over those terms Prince of Persia, the language coaches on DS, which was novel (especially Japanese), Assassin’s Creed II, Tom Clancy’s Splinter Cell: Conviction and a few more. This is the interesting part, here we see a few excellent games, a Prince of Persia that would bring back to life a forgotten franchise, Assassin’s Creed II, which was so far above the original that it mesmerised a massive player population, Prince of Persia: The Forgotten Sands, which upped the ante of Prince of Persia by a lot and Assassin’s Creed: Brotherhood, which gave us even more challenges. Yet, these good games could not hinder the fact that Ubisoft had produced so many games over that time, many of them far below great that it impacted their stock. Is their value back to $16 because of their games? So what about Assassins Creed: Unity? Is stock the reason for the lacking game. I personally would state no! I think lacking games drop the stock. Yet, this is an emotional response, because stock is driven by demands and rejections, as great games are made, people want a shae of that rabid bunny, if the games are nowhere near, the stock gets rejected. In this case it is about the games, because Ubisoft is gaming! This is also why the E3 is such a big deal and even though I was not impressed with their E3, ‘For Honor’ clearly shows that Ubisoft has some gems in their arsenal, or should that be ‘had’? For Honor is a new and likely high in demand game, the presentation was extremely well received. I am not much for those types of games, but I also looked with anticipation of a lovely challenge. The issue here remains, it is online, so timing and decent players are required to make this a good experience. Yet beyond that new title, I would see it as a collection of predictable that have become indistinguishable from their other titles. Sequels sharing bits from other sequels with an interchangeable codebase. With too many triggered scripts. We remain with a blurred sense of gaming. I stated it a few years ago, by adding too many prince of Persia moments into Assassins Creed, we end up not playing Assassins Creed, if I wanted that, I would have bought Prince of Persia! So why these games?

Well, there is of course method to my madness (and my madness is purely methodical). You see, Assassins Creed 2 and Splinter Cell: Conviction were amazing achievements. I can still play these two today and have loads of fun. They had set a standard, even though Assassin’s Creed: Brotherhood was a step up, certain flaws were never dealt with, flaws that became part of the engine for 5 iterations of the game. You see that in the second premise, I went from new game to iteration? That part matters too! With the Splinter Cell series we went from Conviction to Blacklist. Again, it was a step forwards, but now we get the issue that QA messed up buy not properly testing the re-playability part of the game, leaving players in a lurch, making the game a mess if I wanted to play a ‘NewGame+’, it is a little thing, with a far reaching consequences. What was great became good, a step forward, hindered by one and a half steps back., which is the faltering part. Ubisoft needed a QA department with teeth, as I see it, they did not have one, or Marketing got involved. There is in all honesty no way to tell how that came to pass.

Yet, this is not about Ubisoft, because Rocksteady Studios outdid it all with Batman: Arkham Knight, making Warner Bros. Interactive Entertainment extremely unhappy as I see it. A game that should be heralded as a new legendary release got a 50% rating by Steam and 70% by Gamespot, these are not good numbers, they are ratings that resemble coffin nails. Not a good thing at all. In my view, this is a massive fail by their QA department. However, when we accept the statement from Kotaku.com, we get “The moment I’m inside the batmobile, it’s not surprising to see it dip to 15 frames-per-second“, did QA really not see that? So is it Marketing or is it QA? No matter what answer I give here, it is pure speculation, I have no facts, just personal insight from 30 years of gaming. No matter where it lies, QA should not have signed off on it, not at such drops of quality. Which gets us back to the non-liability of these firms. ‘Res Ipsa Loquitur’, or in slightly more English “the thing speaks for itself“, The plaintiff can create a presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence. Yet, what harm? The only harm the game has is spending funds which are refundable, the only harm there is for the maker of the game. So, there is no case, what is the case is that until these firms properly invest into QA, we get to go through buying and returning a lot more. Yet, these companies realise and they take a chance that the gamers (which tends to be a loyal lot) in that they hold on to the game and just download the patch. So basically, the first hour gamers become the sponsors for the development of an unfinished game. That is how I personally see it.

In my view, the game suffered, what could have been great will soon be forgotten. Yet, what happens when it is not a videogame? What happens when it is not a game, what happens when it is business software? you see the Donoghue v Stevenson case gives us that a maker can be held responsible for personal injury or damage to property, yet, what happens when neither is the case?

It is a very old UK case in Torts, where a Mrs Donoghue was drinking a bottle of ginger beer in a café in Paisley. A dead snail was in the bottle and because of that she fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product’s safety would lead to harm of consumers. This is a 1932 case that is still the key case of torts and personal harm involving negligence. Yet, with video games there is no visible harm, there is only indirect harm, but the victims there have little say in this as the direct victim is offered a refund, the competitor missing out on revenue has no case. So as revenue is neither injury nor damage to property. Now we get the issue that if the buyer buys goods which are defective, he or she can only have a claim under contract of sale against the retailer. If the retailer is insolvent, no further claims will be possible. So, with Arkham Knight, when 2500 copies are returned, a large shop will not go insolvent, you get the idea, when the shop needs to close the doors, you are left out of money.

Here we get the crux, a maker of a game/program has pushed an inferior product to market. It will offer compensation, yet if the shop closes (that is a massively big if), the buyer is out in the cold. Now, the chance of this ever happening is too unrealistically small, but the need to set rules of quality, setting the need of standards is now becoming increasingly important. With games they are the most visible, but consider a corporation now pushing a day one product to get enough revenue to tailor a patch which the customer needs to download. An intentional path to stay afloat, to buy time. Where do you stand, when you got pushed to solution 2 as solution 1 is a month away, only to discover the flaw in the program, which gets freely adjusted in Week 23, so 22 weeks without a solution, this situation also hindering the sale of solution 1, which was fine from day one onwards.

Not only is a much better QA required, the consumer should be receiving much stronger protection against these events. That could just be me.

Now to the real issue connected to this. Assassins Creed: Unity became a really bad joke last year,

It went so far as Ubisoft offering a free game because (source: Express) “UBISOFT have confirmed some Xbox One fans who have previously applied patch 3 for Assassin’s Creed: Unity are now being hit by a 40GB download when trying to use the latest title update”. 40GB is massive, that comes down to 10 DVD Movies, it is well over 10% of the entire hard drive space, this gives us the image that one game has clear impact on the total space of the console. Also be mindful of the term ‘patch 3’, which implies that patch one and two had been applied, so is there clarity on the reasonable assumption that there is an issue with both release and QA here? In my view, delayed in addition or not, the game should never have been released to begin with.

Don’t get me wrong, with the new AAA games, the chance of a patch becomes larger and larger. You see QA can only get us to a certain distance and an issue on a console is a lot less likely than an issue on your PC (with all kinds of hardware combinations), yet the amount of fixes as shown here is way off the wall. Now we see a similar thing happening to the PC edition of Arkham knight. Warner Brothers have decided to call back the game, all sales have stopped at present. However, the issues we see on gottabemobile.com are “Warner Brothers’ forums are filled with complaints about the game including Error CE-34878-0 issues on the PS4, various issues with the Batmobile including this one on Xbox One, issues with cut scenes, Harley Quinn DLC problems on the PS4, Batman season pass problems, problems launching the game, problems with the game’s well-known Detective Mode, missing Flashpoint skin, problems with missions, problems saving the game, and more”.

Now we get the question, was this properly QA-ed? Was a proper quality test made, because the size and nature of the issues, as reported give out a negative testing vibe, which I consider to be extremely negligent! As such we must wonder, should such levels of non-functionality be allowed. Can the law allow the release of a product that causes, as alleged ‘no harm has been caused’, an industry, hoping on the users to wait quietly as a game gets finished on the consumers costs.

Now that the Nextgen consoles are all set out to be downloaded in the night, how long until games start tasking the game of ‘customer expectations’ and release a 90% game? How long until corporations will work on a business model that relies on consumer sponsoring whilst they contract even better profits. We also need to be careful, patches will always be a factor, I have no issue with that, and the list of games that needing massive patches keeps on growing, AC: Unity, GTA-V, Arkham Knight, Destiny, and the list goes on a little longer. I am only mentioning the patches over 3GB (one is well over 6Gb) and in this light Destiny gets a small pass as that game is all about multiplayer, which is a dimension of errors all on its own.  The Elder Scrolls Online wins this year with a 16Gb patch, again, all about online play, but overall the gaming industry seems to adapt the bad traits of Microsoft, which is definitely not a good idea.

For now we seem to accept it, especially as the Nextgen systems are relatively new, but that feeling will change sooner rather than later and at that point someone official needs to step in, which might end up being a lot more official that the game makers bargained for, especially as games outside of the US can be up to 70% more expensive, at that point we are entitled to some proper consumer protection, against these levels of negligence, levels that currently only exist on a limited scope.

 

 

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June 25, 2015 · 22:15

Hunting facts

We can go on about Greece (which is again in crises), we can look at video games (like how the QA of Arkham Knight got effed up), but for now all interesting news has been said and there are a few British political events starting, but what some of you all forgot about was FIFA. When I look into the Guardian and seek the sports page (online) I see three times the mention of FIFA, only one has a video regarding the money-laundering inquiry. The interesting part is that the term ‘bribes’ is now replaced with ‘money laundering’. In that view the following document is rather interesting https://www.sentencingcouncil.org.uk/wp-content/uploads/Fraud_bribery_and_money_laundering_offences_-_Definitive_guideline.pdf.

You see, Money Laundering is a rather harsher part in all this. For that we need to take a look at a few crimes acts, specifically the Proceeds of Crime Act 2002 (not today though).

And as I go through it with a few giggles, it seems to me that all this is not good for Jack Warner, even though he ‘threatened’ to reveal an ‘avalanche’ of secrets, he could end up looking at his luxurious stay in Hotel Sing Sing for a lot longer, than he would if convicted for bribery, in addition the accusation of him redirecting financial aid for the Haiti victims (from several newspapers) could make matters even worse for him.

This came from the Guardian with the title ‘Jack Warner fears for his life and will reveal ‘avalanche’ of secrets‘, yet so far, no revelations of any kind, or none that ended up in the hands of the press at present. This is the interesting part, if we go by the Jamaica observer who reported only 2 days ago: “but up to Thursday, the Office of the Attorney General had not received any request for Warner to be extradited to the United States, where he is wanted on wire fraud, racketeering and money laundering charges“, is that not peculiar? Technically it is not, extradition, means the start of a trial, and as such, Jack Warner is too visible, there is no place he can run to (as I see it). In addition, setting up a trial of this magnitude will take some time. However, the initial indictment that I published in ‘Condoning corruption!‘, (at https://lawlordtobe.com/2015/05/29/condoning-corruption/) almost a month ago, should clearly put him at the top, as the star player in all this. In addition there is (at http://www.theguardian.com/football/2015/jun/10/john-oliver-trinidad-television-mock-jack-warner-fifa), where you can see the comedian telling the same things I told , but his comical approach is one that is not to be missed!

So why the long silence?

Well, that is the interesting part. There was no silence, when we look at the Guardian in Trinidad (at http://www.guardian.co.tt/news/2015-06-23/warner-integrity-commission-has-tapes), we see the headline ‘Warner: Integrity Commission has tapes‘, yet, I have at times doubted the duty of many newspapers all over the place, especially when it is owned by a member of the Murdoch family. Still is it not extremely interesting how many large newspapers have not picked up this news? I would think that the news of audio tapes, FIFA members and bribery would be the stuff of legends for papers like the LA Times, the NY Times, or even the Washington Post, yet none of them had picked up the Breaking news, or should it be broken news? The Washington Post did however pick up the response to John Oliver from Jack Warner (at http://www.washingtonpost.com/blogs/early-lead/wp/2015/06/12/composer-says-jack-warner-stole-his-music-for-video-directed-at-john-oliver/), especially as Jack Warner is also under fire from the composer, whose music he used to drown out his own voice from 1:13 to 2:20. Anyway, his response to the comedian was given on the 12th of June, the Washington Post possible regarded this as light entertainment (with Greg Dombrowski who is at present the only one who is not amused). After that the Washington Post has nothing. So was it breaking or broken news? I do not know. I have not heard the tapes, yet neither had any of the other news outlets as far as I can tell, so if Jack Warner is bringing evidence out, why ignore it? A half-baked news moment on the ‘MH370 suicide mission’ gets picked up with what was called a ‘reliable source’ by those working for the Barclay Brothers, yet no one is touching the Warner Tapes.

I am quite happy to see Jack Warner Fry for all of this, but the man is entitled to a defence, when the press steers clear to this amount, who are they actually listening to? What is the audience not getting informed on and where are the FIFA puppeteers? Let’s not forget that the full report from Michael Garcia is still being kept locked away. The entire FIFA debacle has people running for the hills and there is a decent indication that the press is aiding some of them by not illuminating the issues at play.

Yet, we must also look beyond Jack Warner, which gets us to CONMEBOL. It is forced to pay 10 million out of its own funds. When we look at http://www.espnfc.com/fifa-world-cup/story/2502646/conmebol-facing-cash-flow-crisis-due-to-fifa-bribery-scandal, we get the following facts:

  • Sponsors have been asked to pay Conmebol directly
  • Datisa had only paid Conmebol 35 out of the 80 million, which means it is all short by 4,500,000,000 centavos.

It becomes a little weirder (possibly due to missing facts), when we consider the quote by Bloomberg: “head of international business for Brazil-based sports marketing firm Traffic Group (Jochen Loesch), one of the companies that make up Datisa. Traffic founder Jose Hawilla, 71, pleaded guilty in federal court in Brooklyn to racketeering conspiracy, wire fraud conspiracy, money laundering conspiracy and obstruction of justice. He agreed to forfeit $151 million“, so if he forfeits THAT MUCH, what else did he stuff into ‘a’ matrass? By the way, I had a decent income for a few decades, yet summed up, over my whole working life, pre taxation, I will have made less than 1% of what Hawilla is forfeiting in this event; crime has become THAT rewarding!

Of course, we seem to focus on FIFA alone, yet, when we look at the Boston Globe, we see the indirect fallout, which makes the lashing the FIFA executives a lot more essential. When we read the article ‘FIFA scandal may affect Boston’s 2024 bid‘ (at https://www.bostonglobe.com/sports/2015/06/24/fifa-scandal-grows-could-affect-boston-bid/AasXsCJZobZTayvfb06obP/story.html). My issue is not with the article in the Boston Globe, it was with a quote in the Chicago Tribune “Because next Tuesday, if the U.S. Olympic Committee has come to its senses, its board of directors will wisely choose at a regularly scheduled meeting to pull a doomed Boston bid that has been a disaster from the start“. Two parts, one is the question, why it was doomed? That is an actual question, there is no direct answer in my view. The second is that the Olympic committee could, ‘wake up’ is the incorrect term, I do not think that the Olympic Committee is asleep, I mean that they need to refocus their current vision. What could be the problem is the location of the games. You see, no matter how all this goes, the 2024 Olympics will be 2 years AFTER Qatar, actually, due to rescheduling, less than 18 months, which means that there will be all kinds of issues all over Europe (a reeling UEFA after a drenched timeline as part of the 2022 soccer competition will be all over the place is one), the second one is French politics. At this point it is still extremely likely that National Front end up in a new location, when Marine Le Pen moves to 55, Rue du Faubourg Saint-Honoré, Paris, with the French in a massive wave moving towards European segregation, keeping the Olympics on the US side of the Atlantic river might not be the worst idea. Although, if the American administration does not clean up its tax act, it will be bankrupt making the entire exercise slightly exotic to say the least. If there is one essential part we need to consider in all this, then I would state that the Stability of the Olympics need to be assured, apart from that having them in the US after 28 years is not a bad way to go. With all the troubles Europe is still to face, especially with Greece messing up the European economy (the makers of the Olympics of all things), both Paris and Rome could end up in such a bad state that only Hamburg and Budapest remain a realistic location, considering Boston for the games of 2024 is definitely in my books at present.

So how did I get from FIFA to the Olympics?

That we do get from the Boston Globe, where we see “While longtime FIFA president Sepp Blatter, who has said he’ll resign possibly by year’s end, has not yet been indicted, he is said to be a target of the investigation. Blatter also happens to be an IOC member, which comes with the job of heading one of the planet’s biggest sports, such as track and field, swimming, basketball, and skating“, which is generic information. The second quote has the gem: “If Blatter is indicted, he’d obviously have to resign from the IOC. The question is, will the Justice Department stop with soccer or will it broaden its inquiry to other federations where payoffs likely have been made over the years? And since at least 17 present or honorary IOC members are current or former federation heads, will they have a strong incentive not to vote for Boston for the 2024 Summer Games, lest they be taken into custody upon arrival at Logan“, you see, the quote “at least 17 present or honorary IOC members are current or former federation heads” in that same article is linked to all this. Now, there is absolutely ZERO indication that these members have done anything wrong, but a massive amount of them are Europeans and this FIFA spectacle will grow and touch (read: smear) many European nations, at which point the media, will go on a rampage like hungry rats, ripping whatever they can for the prospect of ‘circulation’, getting the 2024 Olympics out of Europe that time around might be something to seriously consider. As viewers watch matches of all Olympic events, whilst games are overshadowed by all kinds of ‘speculative revelations’ by unnamed sources in newspapers, it would be good to have the Olympic games in a time zone several hours away, so that the games can remain centre in all of this. Is that such a stretch? In addition, all those close friends of Sepp Blatter in the IOC would also benefit from a time zone isolation of what will still be reeling at that point in Europe.

So, I will happily oppose Philip Hersh of the Chicago Tribune regarding “a doomed Boston bid that has been a disaster from the start“, I am not convinced, moreover, defaulting the Olympics to Boston could be the best thing. I’ll be fair, Canada might have been better, but they pulled beforehand, which gives us “Toronto’s Economic development Committee voted against bidding for the 2024 games on 20 January, citing a bid would cost the city $50 to 60 million” (Source Wiki), why does a bid cost them that much? I never really looked into that part of Olympic biddings, so the costs in that are equally disturbing, but that is for another day.

Anyway, if Toronto has an issue with 50 million (which is a truckload of cash) having them in the ground of a few billion might not be a good idea. Sydney had its Olympics in 2000, which is way too recent, from that logic I state, let Boston be the default!

Back to FIFA!

We learn today, via SBS (at http://www.sbs.com.au/news/article/2015/06/25/two-argentines-sought-us-fifa-scandal-put-under-house-arrest), that the extradition proceedings are happening and they seem to be accelerating. With guilty pleas in the bag from other members, the options for Hugo and Mariano Jinkis are dwindling down fast. Federal judge Claudio Bonadio rejected their release saying they presented a flight risk given their personal wealth, adding that until last week they had both been fugitives. Their bail which was set at $1.2 million for the both of them might be regarded as a laughing matter when we consider the 151 million Jose Hawilla forfeited, so how much funds do the Jinkis have? Perhaps an electronic tag is for them a mere inconvenience should they decide to move to a nation that will not extradite to either Argentina or the US; I am just phrasing a question here!

So as we hunt facts regarding the FIFA members involved, how come the news on the Trinidad and Tobago Guardian was not picked up anywhere internationally? That is the issue we started with, a question not answered and unlikely to get answered any day soon. There is one more part to consider, it is a part every FIFA executive fears, because with Football (read soccer) is such disarray from the FIFA point, why are the nations involved not inviting UEFA to ascertain in what depth of trouble their local sport is in? Any political move to ignore this can be countered in this as unofficial knowledge of bribes and corruption went unanswered for over a decade, we only need to look at the work of investigative journalist Andrew Jennings to see that the problem is truly Titanic in size. The added fact that one person walked away with $151 million is proof further still.  It should feel pretty comfortable for Michel Platini to see UEFA in a consideration to clean up Football. In all this, there needs to be transparency and visibility. Although I was never much of a soccer fan, to me it feels important that in all this both members of the IOC and soccer members like Michel Platini, Jean-Pierre Papin, Johan Cruyff, Marco van Basten, Alan Shearer, David Beckham and Jürgen Klinsmann to seriously sit down and see how FIFA can truly be cleaned up. I personally have zero trust in Sepp Blatter doing anything else than cover his hide at present, because when anyone sitting at the helm remaining THIS unaware of bribery and corruption for such a long time is on all fronts the wrong person to sanitise that system. I would like to add that such an investigation should be headed by three members of Royalty. Soccer is such too strong influence in Europe, to be handed to people loving the limelight for personal reasons. In this I would nominate Crown Prince Frederik of Denmark, King Willem-Alexander of Orange from The Netherlands and Princess Anne from the United Kingdom. It will requires officials and renowned players with managerial knowledge to take a harsh look at all this, having this headed by three members who have lived a life beyond reproach is equally important.

So in the end, consider that in all this, when we look from a distance, you should be appalled on how an organisation so influential in national events on a global scale is given a level of leeway that even the most powerful organised crime organisation could never ever hope for is just too unsettling. And in all this, it is all preparation, the support acts have not started yet and the main event is some time away. It is time to make a massive change and the sooner such actions begin, the better for all those passionate about sports involved.

 

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June 23, 2015 · 15:51

Dumping costs

I saw the news two days ago, but I left it on the side as I was looking at other issues (like Euro leaders enabling Greece and so on). Yet, the article ‘Taylor Swift criticises ‘shocking, disappointing’ Apple Music‘ (at http://www.theguardian.com/technology/2015/jun/21/taylor-swift-criticises-shocking-disappointing-apple-music) is a lot more important than you think. I was unaware for two reasons. One, I do not use streaming services. I go to the shop and buy those silver coloured circular contraptions. I think that they are called CD’s. For all the ‘security’ claimed to be, I do not trust online providers. If someone ever wipes their records, whatever I owned will be gone. There are other reasons, but they do not matter at this moment. What is the real price now is the light that Taylor Swift throws on big business.

You see the quote “Swift has joined independent labels in attacking Apple’s plans not to pay royalties during the three-month free trial of its new Apple Music streaming service” is pretty important. The richest corporation in the world decided to attempt a new business model. So this corporation, the wealthiest one in the world basically will not pay royalties to new and starving artists (the 99.9999943% who are not Taylor Swift or successful).

How come, it takes one artist to open her mouth whilst the media and so many others remain quiet? One artist speaks up and suddenly we become aware. Can anyone explain to me how it is possible that Rolling Stone Magazine (at http://www.rollingstone.com/music/news/apple-introduces-apple-music-streaming-service-24-7-radio-20150608) did not lead with this fact when the article was published on June 8th 2015?

It is also very interesting how Taylor Swift opened the door for everyone to suddenly give voice, where none were saying anything at all (in this I am referring to the larger news outlets, not the smaller and small digital reviewers who seem to have been asking questions as early as the first week of June, perhaps even longer.

The sheer audacity that a third party seems to have to pay for the cost of a trial business model is plenty of reasons to ask Apple some questions, especially as they are already using tax havens to a planetary maximum. In all this we also see the Wall Street Journal where they (at http://blogs.wsj.com/digits/2015/06/15/apple-to-pay-common-royalty-rates-for-music-service/) that initially the quote “Apple is offering a three-month free trial from June 30. During that period, Apple won’t pay music owners anything for songs that are streamed” (on June 15th), whilst the people at the Wall Street Journal seem to be devoid of opinion in that article. Consider that this is the Wall Street Journal, and the used business model, a clear model of exploitation is not raising any clear questions on an editorial level is even more astounding.

I am on the fence for two reasons, as I will concede that I might have missed it until it came to the Guardian or BBC, the fact that pages of newspapers in online searches are only now catching on is equally disturbing to me. Why did this issue remain below the radar for so long? I have mentioned before that too many newspapers seem to ‘appease’ (read cater to) their advertising base (read large corporations), this event only seems to enforce the unacceptable trend.

The WWDC2015 did not seem to have any information at all (June 8th). I understand that Apple might have steered clear from mentioning it, yet that others had not considered these events is equally questionable. The last part is visible in the Guardian article at http://www.theguardian.com/technology/2015/may/08/apple-streaming-music-regulators-beats-music-spotify. This was on May 8th, where we see that several questions are being asked, yet not the royalties part, moreover, when we consider those involved, we must take a look at the quote ““Apple has been using its considerable power in the music industry to stop the music labels from renewing Spotify’s license to stream music through its free tier,” claimed its report, which also alleged that Apple had offered to pay major label Universal Music a fee “if the label stopped allowing its songs on YouTube”“, whilst the royalties part was overlooked. Now, it is very valid that royalties issue is initially overlooked, yet consider that Dr Dre (Beats Music) is gunning for Spotify, was he also unaware, if so, keeping many in the dark from that date onwards, does that not point towards another set of questions? Even though the competition Commission was taking a look (at http://nypost.com/2015/04/01/competition-commission-probing-music-streaming-services/), where we see “a probe of Apple and other premium music-streaming services to see if they are working with music labels to unfairly squash no-fee streaming services” yet the fact that Apple in addition would not pay royalties for the first three months is an additional worry, was it not?

So in light of all this, The Wall Street Journal article does not ask questions regarding that business mode and Rolling Stone Magazine, seen as the one place for performers and music lovers refrained from illuminating that issue, so why are questions not asked, more important, why are the bulk of reporters only now shouting their articles regarding all of this? At least as a non-journalist (that be me), who focusses on non-musical issues has a decent excuse, what about all the others? All this illuminates a silent acceptance of events, just like the people seem to respond to FIFA. In that light it seems that the legal field who should be all about justice and social legality should have been a lot more protective against these large corporations a lot sooner, where were they?

 

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June 22, 2015 · 23:57

The News shows its limit of English

It was Sky News that showed a dangerous escalation as per next year if the Conservatives do not change certain parts of their immigration plan. Even though this is now all over the news, the BBC reported this in Feb 2012, it is only that this administration will now be confronted with it. So could this government have made such a blunder?

It is the Guardian that produced the most disturbing quote (at http://www.theguardian.com/society/2015/jun/22/new-immigration-rules-cost-nhs-millions-nursing), stating “Employers have had since 2011 to prepare for the possibility their non-EEA workers may not meet the required salary threshold to remain in the UK permanently.”, as I see it, that quote boils down to “You have 4 years to get rid of them, or get them nationalised“, which is saying a bit much!

Yet, when I look at the immigration rules appendix i (final) i see the following at section 245HF

At (d)(ii)(1) it states:

(1) At or above the appropriate rate for the job, as stated in the Codes of Practice in Appendix J, or

After which we get the 35,000 pound issue, so when we look at appendix J (at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420539/20150406_immigration_rules_appendix_j_final.pdf) we see the following: on page 18 and 19 we see category 2231 Nurses (the appendices are attached to the story).

So the question becomes, what were the papers making noise about? Sky News, the Guardian, Daily Mail, et al. Is it me, or are they just starting a needless panic?

Section I (at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420536/20150406_immigration_rules_appendix_i_final.pdf) states: “Pay requirements which the Secretary of State intends to apply to applications for indefinite leave to remain from Tier 2 (General) and Tier 2 (Sportspersons) migrants made on or after 6 April 2016”

Then on page 2 we clearly see the issues reported.

Let’s go by the booklet:

  • First (a) no unspent convictions (so no criminals, makes sense….yes?)
  • Second (b) no general grounds for refusal and no illegal entrant (again, makes perfect sense)
  • Third (c) have spent 5 years lawfully in the UK, which was always a requirement, and in any combination of the following:
    As a tier one migrant, excluding the Post Study work, or the Graduate entrepreneur.
    As a tier 2 migrant (general migrant); the bulk of all nurses will be a tier 2 migrant.
  • Then this person also needs a letter from the sponsor (their boss) that they still require the applicant (basically that this person has a job, which as a nurse is pretty much a given).
  • In addition to this that the applying migrant is paid at or above the Codes of Practice in Appendix J, which gets us to the other appendix (J) which clearly states that a nurse does not need to make 35,000 pounds.

So can anyone tell me why these papers were not read correctly by the writers of the stories (or their editors for that matter)?

The paper clearly indicates that this is the situation with all nurses for 2016. So why are these publications stirring panic amongst the nurses?

Perhaps the journalists are not British citizens and they failed provision 245HF (f), where it states: “The applicant must have sufficient knowledge of the English language”

OK, that was a mean statement to make, but in this day and age where doctors and nurses are nervous enough, adding silly levels of stress are just a little bit too silly for words in my slightly less humble opinion (just for today).

On the other hand, if there are new revisions and I was unaware of them (basically I had not found them at the GOV.UK site), I will be eating humble pie and upgrading this story as soon as I am aware of it.

20150406_immigration_rules_appendix_i_final

20150406_immigration_rules_appendix_j_final

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