Tag Archives: Apple

August 15, 2020 · 04:00

It is more than a ban

It has not been an easy rise for game makers, now that Microsoft has shown its initial hand, now it is time for some of the game makers to show theirs. It starts with “Apple and Google both removed the hit game from their app stores after Epic Games bypassed their payment systems, to avoid giving them a cut of sales”, I get the sentiment, and the BBC article ‘Fortnite: Epic Games sues Google and Apple over app store bans’ (at https://www.bbc.com/news/technology-53777379) gives part of it. We got some of the other side in the GamesRadar article that I discussed in ‘the Silent reason’ (at https://lawlordtobe.com/2020/08/13/the-silent-reason/) where I gave “Xbox Game Pass is the next generation of Microsoft gaming, not Xbox Series X”, in this we see the start of the big players to set a new generation of GaaS, Games as a Service is the next thing and it allows Microsoft to set another revenue bar, it is the one realisation on top of the other ones that made me give up on Microsoft and now the larger players are using GaaS to gain revenue. In this, I have nothing against the approach that Epic is making, even as I am not a Fortnite fan, it is a free game and as such it has every right to make this approach, yet Google and  Apple will not be left out of any revenue loop. Gpay and Apple Pay are their own devices and they have a stage and it requires their view or perhaps the stage is their vision on the services offered. I  am not sure how to react, in favour or against the ban laid on Epic, but both the Google store and the Apple store have their own rules and the idea that Epic circumvents the stores might be seen as optionally cheaper to the player, but the downside is that as third parties get their own direct access, their store access becomes available to come under fire and that is not a good thing. 

The article gives us “Fortnite’s latest update offered all players a 20% discount on its in-game currency V-bucks – but only if they paid Epic Games directly rather than using Apple or Google’s payment systems. This broke rules applied by both stores”, The danger of a third party is something neither Google or Apple find appealing and I feel certain that their fees avoided is equally unappealing to them. And lets be clear, as GaaS evolves over the next 2 years, we will see the players exposed to all kinds of ‘direct from the source’ deals, because it allows the gathering of data and data is more revenue for whomever has it. The problem as I see it is not the fact that there is GaaS, the fact is that the stage will be overwhelmingly younger players. Even as 63% of Fortnite is 18-24, there is a stage where there are supposed to be 12-18 year old players and there are supposed to be a large following of them too, yet the toppling charts I saw does not reflect them properly, in light of 350,000,000 players I wonder how large that 12-18 group is and even as it is not their credit card, someone is paying that bill (most likely their mommy), yet that stage also gives Google and Apple a larger concern and I reckon that they are programming the stores to raise all kinds of red flags before they fall in a trap that is not unlike the one Electronic Arts is facing with their loot boxes. In all this there is a lull in the life of the lawmakers, GaaS is new, so new that most laws are riddled with holes and that is not a good thing. A lot needs to happen to bind and limit financial institutions from allowing gamers to be used and exploited. Now let me be clear I do not believe that loot boxes are gambling, in that same stage I believe that Epic Games has done nothing wrong, but consider other games that pushes for additional movements and choices that come at a price, whilst their algorithm is set to always set the bar at your effort +1% (speaking figuratively), so how is that fair? I reckon that Google and Apple are set against that stage (whilst getting their own grains of revenue) and that is perhaps not the worst idea, yet I see the other side too, especially as Fortnite is free to play, to gain the upper hand you can buy V-bucks to buy loot boxes and skins. It is one way to get the income, it is of course a risk, but knowing you have 350 million fans, the stage is set in a decent way and when you consider that they made $1.9 billion in 2019 gives rise to the GaaS platform. It is a platform that does allow for more than one game to be part of it and that is what players like Microsoft are hoping for, I reckon that Apple and Google are on that same train. And it is there that we see the balancing act that both Google and Apple face. It is appealing to lock the door to players like Epic Games, but they are not alone and over time, other options will become available, of that I am absolutely certain

 

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August 14, 2020 · 05:52

Reflections

These are the days where a lot of people reflect on choices made and I am not any different. I was at the foundation of gaming, when gaming was young, when people thought that this was the sport of nerds and I did not care. I reviewed games for 13 years and I never regretted it. I was there when Commodore release the CBM64 and the Amiga 500. Sony released the PlayStation, I was there when Nintendo released the N64 and the GameCube. I had the Sony PlayStation 2 on day one, I saw with amazement when the SEGA Dreamcast was released. I saw an amazing range of games and systems, even now I think back to how great gaming was in those days. Even now we see how some makers misrepresent their games on how unique their game is whilst in the end it is merely another version of Candy Crush or Bejewelled. The hide behind quick animations and we see some Zombie game and the list goes on, they all need to make a game that is quick so that it is downloaded, their name depends on the amount of downloads, the sheep that play games follow the games that have a lot of downloads, yet they miss the larger stage. A game is something larger, it keeps you interested, it offers a larger stage and there is no denying that Microsoft Game Pass might actually entice people who call themselves gamers will actually end up playing actual games. Yet there is a danger there too. I personally believe that Microsoft is in it for the soft money, the micro transactions and it makes sense, micro transactions represents billions a year in revenue, and there mobile systems are the biggest source of micro transactions and that too is a reason why Microsoft wants Apple access. 

It is time that this stage changes and if there is one stage we want to protect then it is the gaming stage, that stage gives direct access to the younger players. Even as these ‘critics’ proclaim loot boxes are ‘gambling’, there is no status on games like Candy Crush and all others designed to drive gamers to spend money, the addiction of achievement. Yet we see a lot less on that part do we? I remember playing the very first Lemmings, from the first hour I saw just how addictive it was, I still have great memories on Magic Carpet, I saw amazing games from Mirrorsoft, Microprose, Psygnosis, Rare, Westwood, Bullfrog and too many others to mention. Even then the creativity outranked corporate types and the gamer won. That field has changed!

Even today, I remember playing games like Millennium 2.2, Lemmings, Covert Action, Ultima 3, 4, 5, Eye of the Beholder, and that was long before PC’s started to take gaming serious. One title I am leaving for last, In 1987 FTL (Faster than Light) created Dungeon Master, it changed the way people looked at RPG games. It was only surpassed by Dungeon Keeper because Dungeon Master paved the way and created the love of the RPG game, Dungeon Master became the best selling game of all time for the Atari ST, others would follow and Dungeon Keeper would push the love of RPG to even greater heights, in the end 700,000 copies would be sold and it is there where we see what we can gain, in those days 700,000 copies were sold, in this day it would be 10 to 50 times as much. And we overlook the playability of those games now, yes we see the hypes created (and the games EA screws up), yet they also had there share of successes and underestimations. Who remembers ShadowCaster and Black Crypt? Upgraded they would make interesting games and in that same setting EA has close to half a dozen games that could raise the setting for Google Stadia. So what happens when we tinker Magic Carpet to become larger and multiplayer? And that is only the tip of the iceberg, Microprose has even more titles and that is all before we look at the near future and see what else we can do to set a larger stage of games that people either cast aside or ignored in the first place. An excellent example of that is Microprose’s 1990 release of Knights of the Sky. I loved the game and many others did as well, but the larger group seemingly forgot about this game, a game that could be upgraded and work on a whole range of systems, including Google and Apple systems. We need to take another look at these games, games produced in the era spanning from 1985-2005 gives us close to 100 titles spread over half a dozen systems and we forgot about them. Why is that?

I get it, some people moved on, they moved on to other things and that is fine, but there is an entire generation of people that is limited in its view of games and it is limited to match three shapes. That is not really gaming and we need to make sure that this does not happen. For a system like the Google Stadia, it is the difference from being in the game and setting a goal towards being the 4th system in gaming, from there the sky is the limit. There are enough games, the question becomes where do they (or Apple) want to go, offering a system or committing to a system. It is a small but distinctive difference, one is seemingly going that way (it doesn’t matter who), yet it opens up a larger stage. A stage where people can optionally now play a larger and repaired Mass Effect Andromeda, a game that is game 1 and game 2 together. A stage that Google Stadia and Apple allows for and that is good, perhaps the others will catch on, but that is not a given and perhaps not even required. Hardwire gives options, but when did all systems need to offer everything? I believe that Nintendo and Sony can work side by side, I feel certain that either Google or Apple will be the third system, there is a chance that people will select EITHER the Google or the Apple system, but I cannot be certain of that at present. And it does not matter, like Android and iOS, people will make a choice giving Google an edge but at present not a given victory, time will make determination, yet in time and over time we need to revisit the old games, the fact that we see more and more remasters is because the old jewels remain jewels, some of them merely need to get dusted, others need polish, but they remain jewels and the sooner some see that, the better their hardware will fare. 

 

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August 12, 2020 · 02:35

The moneymakers

Corporate Earth loves moneymakers, they shelf their resources on what makes the most the fastest and that is how businesses run, but what happens when the ruling council is off the ‘Fake it till you make it’ category? That is the question that matters, because the people are now following whomever has the coolest look, whilst quality takes a second turn back. For the most this is nothing new, it happens all over the place. We now have Apple and Google adding up to the next gaming war, whilst Prime Gaming is starting to get noticed. All whilst Forbes gives us ‘There Is A Belong Gaming Area Coming To Your Town’, gaming has become the 100 billion annual industry and in this age everyone wants a bite. Even as we merely accept “Vindex bought Belong Gaming Arenas from London based GAME Digital. Vindex plans to open more than 500 Belong locations in hometowns across America, and another 1,000 locations outside of the U.S. over the next five years” then we get “Esports doesn’t act like a traditional sports business—game developers have a lot to say. In esport, the playing field is the intellectual property, and it’s owned by game developers”, yet how many people realise how powerful the data is that these gaming interfaces collect? It seems all a case of ‘conspiracy theory’, yet consider the following:

“Microsoft said it would be unable to launch its game streaming service on iOS due to the restrictions on gaming apps” and “Earlier this week, Microsoft said it would be launching its xCloud gaming service as part of a subscription service called Xbox Game Pass Ultimate on Sept. 15. But the app, which lets users jump into an Xbox game on their smartphone or tablet, will only be available on devices powered by Google’s Android mobile operating system, not Apple’s iOS”. A stage when Microsoft needs to get its own mess under control, they are screaming about making a mess somewhere else. The funding by larger brands is not merely about visibility, it is about getting the largest dat slice, as much as possible and as fast as possible. In an age where it is about branding, the two larger players are about “Microsoft and Facebook have lashed out at Apple for restrictive App Store policies”, there is a reason why people have lost faith in Microsoft and Facebook. I myself removed Facebook from my mobile, why would I want them to cater to my mobile gaming needs. Why would I allow other Facebook junk on my mobile, draining my battery? Similar issues exists with Microsoft, in January 2017 I wrote ‘Taking Xbox to Court?’ (at https://lawlordtobe.com/2017/01/30/taking-xbox-to-court/) and it was ignored by the bulk of people. It was all my imagination, yet the specified bill was not on their side. In 15 days close to 6GB was UPLOADED and the Microsoft Xbox support stated the this was with my provider, really? My Xbox uploads data without my permission and it is the internet provider? How much data is Microsoft about to get access to, how much data will Facebook capture under the seemingly innocent stage of cloud gaming? If data is the new currency gamers are the prime clusters to get, some gamers have a following of thousands and Microsoft and Facebook are screaming murder because they want into the game and a protective Apple is something they can do without. I am not proclaiming that Sony, Apple and Nintendo are innocent, but they are showing themselves to be less guilty, Nintendo and Sony are banking on the fair play approach towards gamers, they expect it to play out in their favour and I believe that this will be the true path. They expect data to be a by-product, not the direct goal, Microsoft and Facebook have (from my personal view) a more direct approach to the benefits of data. In all this Google is not innocent, but their approach was data from the very beginning, from search to linking and to other means, data became the currency that allowed people to have free services, but the truth is that nothing is free. Facebook made the same steps in the beginning, but data took over and now as we see that TikTok is actually getting into the face of Facebook and capturing the margins and more we now see ‘TikTok Begins Doling Out $1 Billion Bonuses To Top Creators As Facebook Tries To Lure Stars’ and it is about to be worse. Even as Google Stadia is in a position to grab a larger margin, Facebook is up in arms to create the larger benefit, because the reality is that cruise liner Facebook is losing more steam and propulsion, the waves of TikTok is adding up and Apple is not Data friendly to the likes of Facebook and Microsoft, in all this the voice of emotional gamers is all that is left to them because they are running out of time and there is a larger stage where Xbox series X will underperform just like its predecessor, and that is the fear Microsoft fears, they are in a stage where they could soon be regarded as powerful as in the age of their first Xbox, they threw that much away and a lack of trust is not helping them any. That is the stage we are looking at, but I have to be. honest, the fight over gamers is one that I never saw coming, not to this degree and even now as I have seen within me the IP of several games, I wonder what these game corporations are doing, because the evidence is all around them, they merely have to open their eyes. So why are they not doing that?

Even as we see that the current situation is not the greatest stage for any business, books, movies and games help in a lockdown, so why are others faltering? I personally see it because they see games as nothing more as a springboard to ‘real cash’, yet games should be about games and about the edge of what is new and innovative, that was proven in the days of the CBM64, CBM Amiga, Atari ST, PC, N-64, Gamecube, Wii, Nintendo Switch, Xbox, Xbox360,  PlayStation 1, 2, 3 and 4, and as Apple and Google enter this domain, we will get a new stage, now with 5 players and one would think that this would benefit the gaming dimension, but as I see it, Microsoft is more about Azure and data, making it a universe of 4 (which is fine too) but when gamers catch on, when the Marketing BS comes to a halt, Microsoft will only have themselves to congratulate. Anyone stating that the fight between apple and Google is over, is mistaken. I reckon that this fight will take until 2022 to settle and in the same time Sony and Nintendo will fight for larger domain of the gaming pie, but their worlds only partially overlap, so they will set another fight and they will coexist, in this Google and Apple will slice out a part and they will be more fiercely competitive than Sony and Nintendo ever was (well they were in the age of PlayStation 1 and Nintendo 64). The fight is far from over, but all the gamers out there need to realise that not all the moneymakers out there have the welfare of gamers in mind, merely the data they give rise to. And when the gamers figure that out, some lame excuse from some wannabe executive will no longer hold water, when that happens a lot more will be lost to them. I expect that to become a reality no later than the second half of 2021.

 

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August 5, 2020 · 23:46

EU fart bit, Google Fit Bit

Yes, we leap left, we leap right and as we see options for choice, we also see options for neglect. In Reuters we see “Google’s parent company Alphabet agreed a $2.1bn (£1.6bn) takeover of the wearable tech firm last year. However, the deal has yet to be completed”, we see that at https://www.bbc.com/news/technology-53647570, and as we see the BBC article, we wonder about a lot more. Yes we acknowledge “While the European Commission has said its main concern is the “data advantage” Google will gain to serve increasingly personalised ads via its search page”, and in the matter of investigations we see:

  • The effects of the merger on Europe’s nascent digital healthcare sector
  • Whether Google would have the means and ability to make it more difficult for rival wearables to work with its Android operating system.

From there there are two paths, for me personally the first one is Competition Commissioner Margrethe Vestager, to be honest, I do not trust her. I will admit right off the bat that this is personal, but her deal relying on what was requires her to get a win, any win. The setting is founded on “officials acknowledge that the EU’s competition enforcer faces hard choices after judges moved to quash her order for the US tech company to pay back €14.3bn in taxes to Ireland”, which was a juridical choice, but in all this she needs a win and I reckon she will do whatever er she can to get any of the FAANG group. For the most I would be on her side in the tax case, but on the other side the entire sweep of the Google Fitbit leaves me with questions.

The first point is on ‘effects of the merger’, so how is this in regards to the Apple Smart Watch, the Huawei smart watch (android), and a few other versions, how much investigation did Apple get? How much concern is there for Huawei? Then we see the second part ‘Whether Google would have the means and ability’, it is not a wrong position for Margrethe Vestager to take, but as he does it upfront, in light of the EU inactions regarding IBM and Microsoft, it seems weird that this happens upfront now (well to me it does). And as we see ‘difficult for rival wearables to work with its Android operating system’ I see Huawei and the solutions they have, Android solutions no less, so why is Google the problem? 

Then there are two other parts. The first one is “Analysts suggested part of the attraction for Google was the fact that Fitbit had formed partnerships with several insurers in addition to a government health programme in Singapore”, the second one is “Google has explicitly denied its motivation is to control more data”, in all this there is less investigation in regards to what data goes to Singapore, or better stated the article makes no mention towards it, and as I see it, there is no mention on it from the office of Margrethe Vestager either. The second part is how Google explicitly denies its part, yet that denial does not give us anything towards the speculated “its motivation is to have access to more data”, and when you decide on a smart watch, data will end up somewhere and the statements are precise (something that worries me), I have no issue with Google having access, but the larger issue is not Google, it is ‘partnerships with several insurers’, the idea of privacy is not seen remarked upon by Margrethe Vestager and her posse of goose feather and ink-jar wielders, the focus is Google and is seemingly absent from investigations into Fitbit pre-Google in an age where the GDPR is set to be gospel, so who are the insurers and where are they based? Issues we are unlikely to get answers on. Yet when we consider “John Hancock, the U.S. division of Canadian insurance giant Manulife, requires customers to use activity trackers for life insurance policies in their Vitality program if they want to get discounts on their premiums and other perks”, so what happens when that data can be accessed? Is the larger stage not merely ‘What we consent to’, but a stage where the insurer has a lessened risk, but we see that our insurance is not becoming cheaper, there is the second stage that those not taking that path get insurance surcharge. So what has the EU done about that? We can accept that this is not on the plate of Margrethe Vestager, but it is on someones plate and only now, when Google steps in do we see action? 

So whilst the old farts at the EU are taking a gander at what they can get, I wonder what happens to all the other parts they are not looking at. Should Google acquire my IP, with access to 440,000,000 retailers and well over 1,500,000,000 consumers, will they cry murder? Will they shout unfair? Perhaps thinking out of the box was an essential first requirement and Fitbit is merely a stage to a much larger pool that 5G gives, but as they listened to the US, they can’t tell, not until 2022, at that point it is too late for the EU, I reckon that they get to catch on in 2021 when they realise that they are losing ground to all the others, all whilst they could have been ahead of the game, lets say a Hail Mary to those too smitten by ego. 

 

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July 31, 2020 · 22:49

Innuendo on the aftermath

The BBC is giving us more, and more, and more. Now they give us “The coronavirus crisis might be causing widespread economic upheaval around the world, but the world’s biggest tech firms are thriving.” And why is that? Consider the simple truth, Apple, even though not completely innovative, does give us something lovely. A lot of people got access to their Super early because of the Coronavirus, we do not want to splash and splurge, but when you are in lockdown, you cannot escape yourself, you can stare down the walls, go insane, or do something else. Surf the web using a Apple iPhone, or a Google Pixar, read a book, play a game or watch a DVD that is ordered via Amazon, then there is the surfing and 2 billion visit Facebook, so yes ‘the world’s biggest tech firms are thriving’, shops would not have been a great offer, lockdowns do that, but the people can order things and some get the hardware to do this. When you have one day to live, the option to see in brilliance and astounding quality matters a great deal to that person. And in all this, the digital highway will be travelled a lot more than usual, people working from home, people being denied high resolution Netflix because the internet if congested, but the advertisements go through, and we all see them. Then we get “At a hearing in Washington on Wednesday, lawmakers grilled the companies about whether they were abusing their dominance to quash rivals, noting the sharp contrast between their fortunes and many other firms”, as I personally see it, they aren’t quashing rivals, they are using their expertise to gain faster and more. 

Beyond that there is “Republican congressman Jim Sensenbrenner asked Mark Zuckerberg why Twitter had removed a post by the US president’s son, Donald Trump Jr, discussing the efficacy of the drug hydroxychloroquine. Twitter is not owned by Facebook. “I think what you might be referring to happened on Twitter, so it’s hard for me to speak to that,” said Mr Zuckerberg.””it gives my earlier view on the stupidity of politicians, as Jim Sensenbrenner cannot tell who owns what and addresses the wrong person on the matter, we see the Cowboy show I expected to see, a waste of time, and poor entertainment at that. 

It becomes a larger issues when we see “Democratic congresswoman Pramila Jayapal asked Jeff Bezos for a “yes or no” answer: Did Amazon ever use seller data to make its own business decisions? This was a reference to reports that Amazon has used data gathered from businesses selling products via its site to design and price its own rival first-party goods – something the firm has previously suggested had been limited to a group of rogue employees. Mr Bezos responded that he couldn’t give an answer in such simple terms” That is part of the problem, the lack of knowledge, when we look at “Did Amazon ever use seller data to make its own business decisions?” What exactly is ‘seller data?’, is it a cookie that the users has agreed on, was it sales data from the application that was used, as such, what application data is in play? Was it a customer review? Three questions that rip out the threads of the conversation. As such, as we saw Democratic congresswoman Pramila Jayapal rip Attorney General William Barr to shreds, she should have known better from the start, and we go from cowboy act to dog and pony show. In all this there is also debate on ‘to make its own business decisions’, especially as APN partners have options to make choices and decisions, it was a poorly phrased question and a wrongly lit situation from the get go. And last but not least we see “Republican congressman Matt Gaetz claimed that Google collaborates with Chinese universities that take “millions upon millions of dollars from the Chinese military” and noted that tech investor Peter Thiel had previously accused the company of “treason””, so how stupid is Matt Gaetz and where does he have ANY evidence that Google was taking money from the ‘Chinese military’? It is these levels of stupidity that gets no results, mere innuendo, yet they ALL seems to agree that overhauling Tax laws and competition laws would be a larger need, especially that in light of 5G and optionally 5G plus (a new IP I am working out) the need to both would be essential in keeping the playing field level, but these politicians, but their own account they sealed their own lives. Even as we see: “But Cicilline goes on: “This is the tip of the iceberg. It’s not just about Covid. Facebook gets away with it because there is no competitor. It’s the only game in town.”” I still remember the setting in 1997, I saw so called bullet point executives having no clue on the digital highway, dismissing it of hand as some paths had no business purpose, the setting did not change before 5 years AFTER Facebook was created by people lacking innovative vision and trying to bleed off Facebook settings, and history is about to repeat itself in the 5G environment, the back-fall is that big and US Congress, seemingly ignorant of the digital dimension are making things worse by stopping the only 4 resources in the US who have a chance of c countering what comes next. So well done djotto’s! And it does not end there. Considering the lacking intelligence by these democrats, when the people realise just how far it lacked, we get to see that the upcoming election is not a given, not by a long shot. I keep on wondering what the hearing was about, when will we get to see these documents and so called evidence that they rely on? I wonder how many holes I get to shoot into that part of the equation. I talk about innuendo and here it is, proudly brought to you by the BBC. It was Republican Greg Steube who sets that in motion with the question “Do you believe the Chinese government is stealing technology from US companies?”, mind you that he tried to push for a yes-or-no answer in light of the simplistic minds that these members of Congress have. Yet consider that the most powerful tech bosses and owners of the IP stated “I don’t know of specific cases where we have been stolen from by the government” (Tim Cook), and that is the first part where we see the issue. Then there was “no first-hand knowledge of any information stolen from Google in this regard” (Sundar Pichai), “I haven’t seen that personally but I’ve heard many reports of it” (Jeff Bezos), in this we only have Mark Zuckerberg who gives us “I think it’s well documented that the Chinese government steals technology from US companies”, this issue here is in the first that it was narrow-minded to set a shallow question on a closed answer, all whilst Tim Cook gives us that he does not know the the Chinese government is stealing, but cheap knock off’s, especially when it is promoted by Kylie and Kendall Jenner (at https://www.bbc.com/news/technology-53596192) are getting promoted by people of no mind and a clever approach on what they can get away with, I think they are called criminals. Sundar supports the view, or basically leads in his own fairway that Google was not a victim of that approach. We get Jeff giving us that he has seen many reports, yet I wonder who wrote them, I hope he is not relying on FTI Consulting for more than one reason. Only Marky Mark remains, I cannot fault his view and perhaps he is right, but in light of the Bezos hacking view and the issue on Sony and North Korea, there are too many questions on who does what and so far too many issues have left us with too many questions on how short the comings of come of the US cyber divisions really are, and that is not all. The hand that could be feeding them is the hand they are biting whilst not adjusting for the laws to make a proper job, that is the setting that we are left with in the aftermath and the innuendo around us leaves us with questions on politicians seeking the limelight. And why was Microsoft not there?

It is a weird setting and it will get a lot weirder in 2021. 

 

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July 30, 2020 · 10:36

The Aftermath

Of course, I did one just before and now one more, 4 tech giants and US congress? It was too good to pass up, if I was in Washington DC, I would have opened a popcorn cart at the entrance (if that is allowed), so as I looked via the BBC before, I will do so again.

It starts with democrat Congressman David Cicilline who gives us “a year-long investigation by lawmakers had revealed patterns of abuse by the online platforms” my question becomes ‘Where is that report, can we see it?’ It might have been made public, it might not, I do not know, but I was not directly able to find it, yet the Boston Glob had the headline ‘Today is the biggest day of David Cicilline’s political career’ as such this man seeks the limelight, so why is that report not all over the media? So far in well over half a dozen newspaper sites, none of them had the link to that report, as such h I have questions and I fear that when I read it a lot of questions will pop to the surface. And when we see “The dominant platforms have wielded their power in destructive, harmful ways in order to expand” the question I had in the previous article rises again, why is Microsoft not there? Show clear evidence of ‘wielded their power in destructive, harmful ways’, and when showing that evidence also give rise to what laws were broken please? IBM and Microsoft have wielded power in harmful ways for decades, yet they did nothing illegal. As such proof of illegality would be ni

Next is Google, there we see: “lawmakers accused Google of having stolen content created by smaller firms, like Yelp, in order to keep users on their own web pages” did Google steal it, or did some duplicate their opinion in both to double THEIR visibility? I am not stating that Google is innocent, I do not have the evidence, yet ‘stolen content’ gives rise to a crime, presented evidence would be nice. So whilst we see accusations, we also got “some Republicans signalled they were not prepared to split up the firms or significantly overhaul US competition laws, with one committee member saying “big is not inherently bad”” the problem again is were there any illegalities made? When some go for “significantly overhaul US competition laws” we see the implied non-illegal stuff and that is where the problems lie, the US government, both the senate and congress should have overhauled Tax and competition laws well over a decade ago, their fault not the four tech bosses and I have stated this failing for years, so why go after the four and leave Microsoft (who is also running advertisements) out of the mix, I have some questions on how David Cicilline is seeking the limelight if you don’t mind!

Then we get the US president “a long-time critic of Amazon and threatened his own action on Twitter, writing: “If Congress doesn’t bring fairness to Big Tech, which they should have done years ago, I will do it myself with Executive Orders.”” It sounds nice, but pointless, there is a lack in legal sides in both competition law and tax laws and a nation of laws cannot reside in a discriminatory state living of executive orders, whilst they can be legally countered. As I see it, the entire charade was a cowboy approach to something that has no bearing, will pay lawyers for a decade and will amount to nothing, all whilst overhauling two sides of the law is ignored again and again.

In this I have to take the sides of the tech boys. With the added side that if David Cicilline does not spread these legal documents of ‘wrongdoing’ these hearings are merely the end of his political career, and in light of the fact that I have never heard of him not a good thing I reckon (OK, that was my egocentrically side). The more articles I read from more newspapers, the more that the feeling of a cowboy and Indian approach by this congress is the stage we face, in light of the non committing towards overhauling Tax laws and competition laws merely strengthens my feelings on the matter.

 

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July 30, 2020 · 03:05

When Congress becomes something more

So as I stated in ‘The Fantastic Four and the Bully’, the four getting grilled are not the bad guys. Well, there is some debate, but the foundation is that these four tech entrepreneurs are getting grilled by people who are clueless on tech matters. So as some read the BBC part “At issue is the fact that Apple doesn’t allow apps to be installed onto iOS devices from alternative marketplaces, and that it enforces tough rules over the way subscriptions and other digital items can be sold.” The issue soon becomes, will congress be responsible for any bad app and data gathering app that Congress would want to allow for? Even as an android user, I see that there are very few bad apples around, as such most apps are safe. There are a lot more dangerous apps on Android. This is not the fault of Google, there are several ways that a personal device gets to be the victim, there are a lot less issues on Apple, as such and as Congress might demand third party options, will they not be responsible for the damage that they put on Apple and its users? There is another side, a these tech giants come under fire, the chances of Chinese hardware makers making it bigger only increases by 35%-55%, how is that of use to congress? We might see Fitbit mentions and other mentions, but these products are closely followed by Asian alternatives, the entire setting does not add up. Then we get the advertisements, until Google Ads was here, we had DoubleClick, there were versions that equal Epom, with price tags that started at $250 a month, then $1000 a month, $2500 a month and higher. So, can the US Congress give us a list of all the small business and small startups that had that kind of cash? Google Ads was one of the first AFFORDABLE solutions for small business units, the fact that the bulk all switched should be a larger consideration, in addition, Google Ads was one of the first to truly die a larger rise to localisation and languages. Usually one or the other was missing, as such, is the growth of Goole Ads to be blamed on Google, or on all the others who could not be bothered? Not everything is perfect at Google, we all know that, but we also know that the ignorance in congress is a little too large to wonder who they are serving, they claim the people, but in reality? I am actually wondering who they are setting the stage for, I see it as a different stage that the one they tell us we are on.

And even as we accept Sundar’s optional defence of “Today’s competitive landscape looks nothing like it did five years ago, let alone 21 years ago, when Google launched its first product, Google Search”, we need to see that this landscape is largely influenced on the upcoming 5G and as it is now, especially as well over 50% of all searches are done via mobile, the only thing I see coming is that China gets a much larger share of it all and Congress intervening on matters that they do not comprehend is a much larger danger to that happening. I have always been favour of Huawei technology, that does not mean that I want China to have the bulk of all the business. The White House wants us to think it is the same, but it is not. They have set the stage that unites Huawei in a political tool for China to set a much larger field, they were pushed by US stupidity, not Huawei needs. The US took it away and now we see a very different stage, one where Huawei is still independent, but taking the customers that China is pointing at. The stage is changing and Congress is adding fuel to that fire by chastising the big four tech makers, each entrepreneurs. Each understanding the digital landscape. I had no clue in the early 90’s when Amazon started, I thought it was mad to continue when the losses were so great, now the owner has is worth in excess of $35,000,000,000, a personal value that exceeds a lot of nations. I am not saying that all is kind and kosher with each of the four, I am stating that when we are getting told changes, we are properly getting told by people who understand that business and in Congress, I doubt that they can rub together 2 one dollar coins on the subject on digital advertising. The more ‘diplomatic’ answer comes from Facebook’s own Zuckerberg. With “Our story would not have been possible without US laws that encourage competition and innovation. I believe that strong and consistent competition policy is vital because it ensures that the playing field is level for all. At Facebook, we compete hard, because we’re up against other smart and innovative companies that are determined to win” and some of them are Chinese. Some are Russian and others are all over the place, yet Facebook has other problems too, privacy and marketing do not go hand in hand, not in their granular market and that is where part of the problem lies. We could decide that from the four, they are the bad apple in this, but that would be wrong. I worked for people who had no idea how to dress a Facebook market when it was offered to them, their bullet point presentations could not deal with that unknown side of business, that was the strength for growth for Facebook, it was so new, there were no defining borders and there is where we see part of that problem, a lot never caught on, not to the degree that Facebook represents and there I see the dangers of the US Congress, they are not that clued in (as I personally see it). So as we get to one of the topics ‘One of the matters concerning the committee is the degree to which three of the tech companies now control the market for online adverts’ we need to recognise that these players made it affordable for a lot of businesses, the old way was dictatorial and something only rich companies could afford, they refused to give way and when Google, Facebook, Apple and Amazon gobbled up the small fry, the large fry moved positions because their provider was no longer the bee’s knees. Three never ruled it, the grew it changing the rulers and the old stage should never return. And finally, according to numbers one in three uses Bing and Microsoft search and are therefor exposed to Bing Ads, so why is Microsoft not in that stage? There are 4 players and one has well over 20%, so why is Microsoft not in the meeting? Is that asking for too much?

Those who have read my articles over the year have seen that I have chastised each and every one of these four (5 if you include Microsoft), but here I see no blame, not from any of the 5, the stage was set, the rules were followed and when the opportunity was there 20 years ago, most would not wonder there, I was a personal witness when some stated that there was no future for a business form of Facebook in 1997, as such what is the US Congress bitching about? And as we look at the article (at https://www.bbc.com/news/live/world-us-canada-53582909) we see the graph by eMarketer, yet Microsoft and their Bing is absent, why is that? So whilst they claim it is merely about the smaller rivals, it is about something more and something different, I wonder if we will ever be told the truth. As I personally see it, the members of congress have a different set of needs and I wonder what they are.

 

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July 27, 2020 · 04:05

The day after the day before

I just noticed a story on Reuters, which came a day after I gave the lowdown on the GDPR. In their story ‘Companies need immediate rethink on U.S. data transfers, says watchdog’ I see “Companies seeking to transfer data to the United States must revert to new arrangements with immediate effect after the Privacy Shield transatlantic pact was declared invalid last week, a European Union watchdog said on Friday”, OK, we know that, but Reuters gives a little more, with “The European Data Protection Board (EDPB) said that companies that transfer data to the United States via standard contractual clauses would have to self-assess whether these have suitable safeguards and inform their national privacy enforcer” we see a part I had forgotten about (Yes, I forget things too), when we consider ‘via standard contractual clauses would have to self-assess’, I am confronted with a thought I had in 1998 in another station. You see there is an issue with ‘self-assess’ and ‘backups’. The self assess part is to ignore that small little data cruncher, whilst the global standardisation of back-up systems give a larger implied stage that for US Intelligence, it remains business as usual, with the optional larger workflow. Did anyone consider that?

So when we see “The EDPB, together with the European Commission, is now looking into ways to beef up standard contractual clauses and binding corporate rules that could be legal, technical or organisational”, I wonder how many delays back up solutions are given before that train ends, I reckon that it will take a while. And the situation is not new, ITProPortal gave us in 2018 “The legislation gives customers the right to be removed from the records of companies even if they have previously agreed to the collection and storage of their data. It’s called the ‘right to be forgotten’ and could be a potential stumbling block as organisations keep backup copies of their data. A request to have personal data removed, technically means that it should be removed from all copies including the cloud, or tape kept off-site in deep storage. Having to do this each time a request comes in, however, has been deemed excessive by those overseeing GDPR due to the logistical challenges it would throw up” and even if you think that it is something else, think again! We see this in “technically means that it should be removed from all copies including the cloud, or tape kept off-site in deep storage. Having to do this each time a request comes in, however, has been deemed excessive by those overseeing GDPR due to the logistical challenges it would throw up” and consider that there is a situation, we see this in “According to France’s GDPR supervisory authority, CNIL, organisations don’t have to delete backups when complying with the right to erasure. … You should also document policies and procedures for keeping backup data secure. This will include instructions on encrypting backups and where you will keep backup devices”, yes this is still about the right to be forgotten, but there is an absence on tertiary locations for backups and cloud backups, they can still be in the US, as such, the Intelligence conclave (the alphabet group) are still in a stage of business as usual. One source is giving me in 2019 “Rather than backing up everything in bulk as whole systems, organisations may find it easiest to separate systems backups and personal data backups so that systems backups can be kept for much longer retention periods than might be allowed/justifiable for the personal data”, yet the station of ‘organisations may find it easiest’ as well as ‘so that systems backups can be kept for much longer retention periods than might be justifiable for the personal data’, which in itself is not really an answer and I was surprised to the amount of ambiguity towards operational and logistical needs, whilst keeping the limelight away from backups, as such I believe that there is a lot more going on and no real matters regarding privacy will be solved any day soon. In this Curtis Preston, chief technical architect at Druva raised in 2019 “GDPR is not going to be able to force companies to ‘forget’ people in their backups – especially personal data found inside an RDBMS or spreadsheet.” (at https://www.theregister.com/2018/05/31/backup_gdpr_analysis/), and it seems that everyone links it to ‘the right to be forgotten’, so what happens to the off site backups of global databases? Are they still in the US? And why is there such a darkness around the states of backups? I find the comment ‘due to the logistical challenges’ a bit of a joke, they had years to get ready. Even closer to home, last January we see “Although Apple uses end-to-end encryption for both iMessage and FaceTime, it doesn’t do the same for iCloud backups. They are encrypted, but Apple holds the key, meaning that the company has access to a copy of almost everything on your phone – and that includes stored messages. I’d long expected Apple to fix this, but a report today claims that the company has decided not to…” so what else has not been done, and where are all these iCloud backups? If they are on an Apple Server, there is every chance others have access (speculation from my side). Which is actually not the weirdest thought, when we go back to 2018 and consider “authorities also discovered a series of hacking tools and files that allowed the 16-year-old boy to break into Apple’s mainframe repeatedly”, so if a 16 year old has access to the Apple mainframe, do you really believe that US Intelligence cannot enter it? 

So when we consider where our backups are, also consider how up to date your personal records are at 57 Duker Rd, Farmville, VA 23901, United States. To be ‘speculatively more precise’, how about IBM-VA23901-1-3.213.5? I wonder how many other places your data can be found, all for the simple reason of national security, all whilst we see the media take a hard look on all the cyber tools that some agencies have no one seems to be looking at all the access that they have to backups. The fact that several locations are giving us versions of ambiguity, none of them look deeper into the matter, I reckon that the Stakeholders wouldn’t allow it, but that is me grasping at straws.

There is a larger station now that the agreement has fallen apart for the EU, on the other hand, there will be a pool of new talent be required all over Europe, and in the light of the Corona events, I wonder how many are still alive. So, what will we see tomorrow in this regard?

 

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July 24, 2020 · 23:35

The Fantastic Four and the bully

Yup its Friday! The match is set and also tempered and set against the Fantastic Four, they face it because the people who they are defending against are not that clued-in on the abilities of the digital economy and they merely want better pickings from these four, I am actually surprised that Netflix is missing there on a few stages, but perhaps they promised the not so clued in spectacle seekers to give them all the illumination they are worthy for, it is a dicey call, but when you can lose it all, you can also play it all.

They are up against a congress who has fiddled and played away well over 8 trillion in stupidity, the rest was unavoidable, they are that not clued in and the batter is about to hit the hedges, so they need a play so that they can retire unabated and without accountability. This was not new, there had been announcements and for the most, I actually thought that in light of what was playing now, that US Congress might give this a miss, but no, I was wrong.So as we look t the article (at https://www.reuters.com/article/us-usa-tech-congress/big-tech-ceos-ready-defenses-for-u-s-congress-hearing-into-their-growing-power-idUSKCN24O16K), we notice the lead ‘Big Tech CEOs ready defenses for U.S. Congress hearing into their growing power’, yet did we also notice “The panel is questioning the companies as part of its probe into whether they actively work to harm and eliminate smaller rivals, while not always making the best choices for their customers”, perhaps you remember the old court case, where we get the number one hilarious moment (at https://www.nbcnews.com/video/senate-gop-and-white-house-tentatively-agree-on-1-trillion-coronavirus-relief-88172613521), NBC was not the only one giving us that, but you get the idea on how clueless American Politics seems to be. You see, there are two parts in this. The first is “while not always making the best choices for their customers”. The sides here are 1. ‘Who is the customer?’, and 2. ‘What are the best choices?’, as I personally see it, congress does not have the brightest players in the first place, so there is every chance that at least 20% of that panel is clueless to the digital environment. And that is not all. If we consider “The high-profile hearing, which will bring together Amazon’s Jeff Bezos, Facebook’s Mark Zuckerberg, Apple’s Tim Cook and Google’s Sundar Pichai, will be a key moment in the growing backlash against Big Tech in the United States and is likely to set up a face-off between the executives and skeptical lawmakers from both parties”, we see an optional stage of discrimination. In the first Twitter and Netflix are not there, in the second, as far as I (and others can tell), these players have acted on the letter of the law, the fact that others can’t do that, is not competition Law, it makes it something else (not sure what actually). I agree that I do not have all the answers, but this in the end we need to see that this is optionally not about what they say it is, the European Law and their GDPR is biting hard, as the US privacy shield is falling short by too much, there is every chance that the US government is missing out on terabytes of personalised data as their FISA act opted access for and that is not sitting pretty with them. So where is my evidence?

We see part off this in “Apple is likely to be quizzed about the way it manages its app store after facing criticisms it hurts newcomers. Apple told Reuters it will argue it does not have controlling market share for apps. The iPhone maker views its store as a feature designed to ensure the security and reliability of its phones.” The App Store is a rather large being, but it is amped towards Apple products, and as such security is key. So far the issues we see are a mere fraction of what could be. In this Forbes gave us that part yesterday with “With the July 22 launch of the Apple’s SRD program, security researchers will be able to go and hunt bugs much deeper within iOS. Apple said that the iPhones, which will be dedicated exclusively to such work, and known as security research devices, will come “with unique code execution and containment policies.” What this means, for example, is that the file system will be accessible for inspection rather than just looking at crash log snapshots or using jailbroken devices. The latter being far from perfect as jailbreak vulnerabilities are generally patched quickly, and so any research is more easily denied by Apple as being flawed.” Again, this shows two parts, the first is that Apps are often defined by hardware and Apple hardware is in transit, making most issues moot for Apple, the second part is that we see “the file system will be accessible for inspection rather than just looking at crash log snapshots”, we can argue that this betters the US government access to data, but does not really prove it, the merely get a better look at where to seek what they desperately want. I am still not convinced that this hearing isn’t an option for old goats (oops, I meant members of Congress) to get selfie time wit the 4 most wanted selfie objects in history.

I wil forgo on Amazon, these people have enough problems to set a proper definition of what is a hazard and how to identify it, I briefly discussed that in ‘6 simple questions’ in February this year, where a load of shortcomings, or is that shortcumings? Are set in motion, I never understand how people get their rocks of on bad work, but that might merely be me. I discussed it (at https://lawlordtobe.com/2020/02/03/6-simple-questions/) it also had a link to another article that shows questionable parts of FTI Consulting, as such and quoting CNN who gave us “The report’s limited results are a reminder that it can be extremely challenging to reconstruct the activities of a determined, well-resourced hacker”, all whilst the identity of the hacker is still up in the air, and this is set against a person who has more money than the combined resources of all who live in New York, which is saying something. He is 25% of what Congress faces? To be honest, I feel that the US audience are facing another Mickey Mouse show, which is weird as Disney is not in the dock, but I got extra popcorn, so that I can watch and giggle at the same time. Oh and by the way, I wrote this all on an innovative MacBook Air, as such we see that other players are not up to scrap to show us what is truly innovative. As I see it, this is the first truly innovative piece of hardware since the release of the G5 in 2004, so I wonder what Congress is really trying to achieve. And when we see “in recent weeks the firm has published blog posts and a white paper asserting that it still faces plenty of competition and that the fees it charges ad buyers and sellers are justified.” We see an optional path for Google, all whilst the non US Data centres of Google are being upholstered to avoid GDPR issues, as I see it the US Bully, oops, I mean Congress, are out of their depth in an age where computers and hardware changes quicker then the identity of the average man’s mistress. There are so many tackles and interactions, I have no trust in what US Congress is trying to achieve, but there is an upside for me, a they fail more and more, we see that my IP is still untouched and no one got near it, all this whilst the 5G site is going forward in most area’s, l except the USA. Perhaps Congress should have other priorities, like sorting out the tax laws that these four face, is that a little over the top?

 

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July 15, 2020 · 22:34

Changing the mindset?

I had an interesting stage, there is the potential that I was changing my mind in a case. The stage is given via the BBC (at https://www.bbc.com/news/business-53416206) ‘Apple has €13bn Irish tax bill overturned’, my first thought was (and I have written about it in the past) the clear stage where Apple (Google also) has had its fingers in the tax-is for too much and for far too long, but the article gives two parts that requires thought. The first is “The European Commission brought the action after claiming Ireland had allowed Apple to attribute nearly all its EU earnings to an Irish head office that existed only on paper, thereby avoiding paying tax on EU revenues” in that instant there is all the drive and motivation to bring that supervillain Taxman to bear on the tech giant, let them suck the blood from the body of Apple until it cries for mercy. Yet the other part is “However, he said Brussels was likely to appeal and EU efforts to tackle tax avoidance would continue” ad here we see two parts, the first is ‘tax avoidance’, you see, tax avoidance is legally allowed, it means to pay the least applicable amount of taxation. Tax evasion is illegal, it is the setting where no taxation is paid at all, as such Apple did not break the rules and the stage is actually larger, the quote ‘tackle tax avoidance would continue’ is an issue that optionally Margrethe Vestager should (or could) be regarded as a joke, the issue is not whether Apple is being dodgy, it is the fact that the tax laws after all these years (10 at least) have not been adjusted to the degree that they should be adjusted to. Instead of large windbags of claimed activity that go nowhere, we see the need that the EU had to properly set the tax laws and in this Apple (as well as other FAANG members) did not commit any crimes. They merely used the tax laws to set the proper stage and apparently you can have an empty office, just like the Apple Stores have almost no stock, it is all shipped from the US (sometimes after 9 weeks) so nearly every Apple store is basically a gigantic display case (oversimplification, I know). Yet no matter how joyful and enjoying kicking Apple is, in this case they seemingly did no wrong, the fact that a judge is willing to hand back 13 billion Euro, as such, what is Margrethe Vestager crying about? It is seemingly clear that the tax laws are at fault, in this the organisations above the European Commission have faltered and Apple lived towards the letter of the law and applied what was legally allowed. So when we realise that these laws have been unadjusted for the better part of a decade, who is to blame, Apple or the European lawmakers? 

So when we see the end of the article giving us: “However, he said Brussels was likely to appeal and EU efforts to tackle tax avoidance would continue. “We expect the EU to continue applying pressure in this area,” he said.” And when we see this, how useless is the EU? Tackle appeals whilst the tax laws themselves are flawed, and Ireland is part of this, the stage where Apple was allowed to have “an Irish head office that existed only on paper”, so there wasn’t even a staff-member member? In which universe can we blame Apple for using the law to avoid taxation? If we are a nation of laws, the stage must be that the law states “Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate behaviour”, this is not me, we get that from Robertson, a bit of an expert on the subject. So when we see that part and agree that we are are a nation of laws, the entire matter we observe becomes a farce, and a bad one. We agree that we use laws as a system of rules, and then let the rules be applied in the way it was, so why blame Apple? It is merely another example on just how useless the EU has become, a gravy train without rules of accountability. 

The EU get what it deserves, as far as I can tell, and as we cannot see any opposition to the black letter law that applies here, Apple is almost scot free. We will enter a new debate soon, the spirit of the Law versus the letter of the law, and in this Apple remains innocent, optionally Ireland ends up in the dock for setting a stage where the spirit of the law is avoided. 

I never changed my mind, I merely adjusted my personal verdict to the facts that were made public.

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