Tag Archives: Apple

February 22, 2016 · 19:44

Within the realm of privacy

We all have an inherent need for privacy, we want things to be at our leisure of contemplated sharing. Yet, what is privacy? On one side we want privacy, but the next moment ladies will share whether their carpet is a landing strip or a martini glass, I for one do not care. If they want to share certain parts that’s fine with me. I am not too much about sharing. On the other side, apart from a few MP3 files, there is nothing interesting on my mobile. I reckon that my mobile is one of the dullest ones around.

So when I initially heard about the FBI wanting to access the iPhone of Syed Farook, I shrugged my shoulders and went ‘whatever!’ meaning that I was not opposed and I did not care. It was the techdirt site that has an interesting fact from the court case.

“Footnote 7, on page 18 details four possible ways that Apple and the FBI had previously discussed accessing the content on the device without having to undermine the basic security system of the iPhone, and one of them only failed because Farook’s employers reset the password after the attacks, in an attempt to get into the device“, so the boss went into ‘auto-moronic’ mode and did not check? He acted without knowing? So when we see “The ‘owner’ of course, being the San Bernardino Health Department, who employed Farook and gave him the phone. Basically, what this is saying is that if the password hadn’t been reset, it would have been possible to try to connect the phone to a ‘trusted’ network, and force an automatic backup to iCloud — which (as has been previously noted) was available to the FBI. But by ‘changing’ the password, apparently that option went away“, should we consider that his boss was stupid, or that his boss was scared he had done something wrong and this was his/her way of covering the mess up? (at https://www.techdirt.com/articles/20160219/17463033656/footnote-reveals-that-san-bernardino-health-dept-reset-syed-farooks-password-which-is-why-were-now-this-mess.shtml).

For the record, that was clear speculation on my side!

What happened was that Apple, the firm that initially ‘screwed over’ its customer base with error 53. A few days ago, the Guardian reported ‘Apple ordered to decrypt iPhone of San Bernardino shooter for FBI‘ (at http://www.theguardian.com/us-news/2016/feb/17/apple-ordered-to-hack-iphone-of-san-bernardino-shooter-for-fbi). In there we see the important quote: “In 2014, Apple began making iPhones with additional encryption software that they said they could not unlock, even if faced with a court order. Apple said this was done in the name of consumer privacy and cybersecurity, but the company has been locked in a public feud with the FBI since“. I understand that there is a need for privacy. My issue is why THIS level of privacy is needed. One could speculate that this is to keep the financial adviser’s customer base happy. I reckon that those people look for other means the moment their actions could be monitored, or investigated afterwards. Again, speculation from my side.

You see, I do not comprehend why law abiding citizens are so in fear, of what the government finds out. Most people can’t stop selfie themselves, their fashion and body parts to social media on a global scale. They tend to Facebook all details, especially when they are far away from home to ‘all’ their friends, so that the department of discreet entry and removal operations can empty their homestead in the meantime. With so much sharing, what privacy do you think you still have?

So back to the Granny Smith of automation, the next article (again the Guardian) gives us ‘FBI escalates war with Apple: ‘marketing’ bigger concern than terror‘ (at http://www.theguardian.com/technology/2016/feb/19/fbi-apple-san-bernardino-shooter-court-order-iphone), here we see the subtitle ‘Court filing from Department of Justice says Apple is more concerned with ‘its marketing strategy’ than helping FBI unlock San Bernardino shooter’s iPhone‘, which is fair enough when we consider that a failed marketing equals an alleged death in those houses. The quote “Cook called for public debate and has been backed in his fight by some of tech’s biggest names, including Google’s chief executive Sundar Pichai, WhatsApp and whistle-blower Edward Snowden“. I think that this is less about Americans and more about the 7 billion non-Americans that have this false fear of the CIA and the NSA. Yet in all this, the only true group to fear this is the 0.0001% of the population, I do not even register and in that regard most do not even register. Like the previous mass surveillance marketing ploy, simple fear mongering.

Now, let it be said that I have nothing against a person’s privacy and there is nothing wrong with wanting privacy, yet when we consider the 1.5 billion on Facebook, the 100 million on Instagram, the 307 million on Twitter and over 100 million users on Pinterest, we have well over 80% of the iPhone users on social media all sharing from mere events attended up to the grooming of the most private of parts, Which makes the shout for privacy a little too hilarious.

So how does this fit legally?

Well first there is the part that the DoJ is now relying on. It is the All Writs Act of 1789, which states “The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law“, which sounds rather nice,

Yet the fact that the DoJ needs to rely on an act that has, according to several press sources, only been used thrice is a little too novel.

When we consider that the ‘self-destruct’ was enable by Farook’s boss (making the device useless to thieves), only leaves the DoJ without options. What is interesting is when the last cloud backup has happened, had it happened at all? Too many question that are all in the realm of speculation and none of it gives way to legislation. The question becomes should it be? I am not opposing the FBI, CIA or NSA. Yet these alphabet groups do know that they are fishing in murky waters. You cannot expect a corporation to set a product meant for 1,000 million to have options for the internally build exemption of 5,000-7,000 users. The math just does not add up!

I was talking about the legality, so let’s continue there.

In McCabe v British American Tobacco Australia Services Ltd,’ and the appeal, British American Tobacco Australia Services Ltd v Cowell (Representing the Estate of McCabe (deceased)), exposed some of the difficulties that plaintiffs who sue large corporations may face in litigation involving access to documentation. The Victorian Court of Appeal reversed the first instance decision which had struck out the defence of a tobacco company (‘BAT’). The basis for the first instance decision was that BAT had systematically destroyed documents that might have been relevant to the plaintiff’s case. It important to state WHO destroyed documents. You see, in case of Farook it was the boss who ‘destroyed’ the options for information retrieval. The important issue is that INTENT becomes near impossible to prove. In addition that case gives us: “The High Court declined the opportunity to clarify the law in this important area by refusing leave to appeal. The effect of this case, absent statutory reform, is that corporations may destroy potential evidence provided that their actions do not constitute an attempt to pervert the course of justice or a contempt of court. These are notoriously difficult to establish” (source: Playing for keeps? Tobacco litigation, document retention, corporate culture and legal ethics by Matthew Harvey and Suzanne Lemire. The reason for going towards this case is that the entire approach to mobile architecture and auto-backup could instigate updates where the mirror is encrypted extern from Apple. Which means that any phone would have an XML set-up and data object, but the object would be irretrievable. The ‘responsibility’ for proper password maintenance would be kept with the ‘client’ or end user. Taking Apple out of the equation leaving the DoJ with the apple pie made from the famous Granny Smith (AKA Janet Abigail Doe).

This takes the entire cyber conversation towards Spoliated Evidence, where we see “a party is faced with the fact that certain key evidence has been destroyed, altered, or simply lost“, destroyed implies intent, but proving that is next to impossible (which got us the tobacco case. Altered is basically what the DoJ faces as the boss decided to reset the password, again malicious intent becomes next to impossible to prove, whilst lost is not in play in this case but could clearly complicate the issue if that was the case, as the DoJ would have no implied evidence at all.

This entire endeavour goes even further south when we consider Federal Insurance Co. v. Allister, 622 So. 2d 1348, 1351 (Fla. 4th DCA 1993), where the Fourth District decided to set forth five factors to consider before imposing sanctions for spoliation of evidence. They were:

  • whether there is prejudice;
  • whether the prejudice can be cured;
  • the practical importance of the evidence;
  • the good faith or bad faith surrounding the loss of evidence;
  • Possible abuse if the evidence is not excluded.

As bad faith is now linked to the degree of wilfulness, we get back to intent. If mere ‘negligent loss’ does not cut the cake and the cake cannot be devoured without the essential evidence, the entire issue goes nowhere really fast. Basically, it boils down to the boss of Farook having one set of glasses on with the limiting mindset of cost if his mobile was ‘abused in usage’, leaving Apple in the clear shrugging their shoulders going ‘not my problem now’, whilst in all this we are left with no evidence linking to intent or malice. That small scope that was available will in all expectations to be diminished further. It basically solves all of Apple’s problems.

In the need for privacy we have gone from exceptionally rare to just hilariously ridiculous. The Guardian article (at http://www.theguardian.com/technology/2016/feb/20/apple-fbi-iphone-explainer-san-bernardino) shows in equal measure another side. Which comes from Senator Ron Wyden, Democrat from Oregon. Here we read “Some are calling for the United States to weaken Americans’ cybersecurity by undermining strong encryption with backdoors for the government,” he wrote on Medium on Friday afternoon. “But security experts have shown again and again that weakening encryption will make it easier for foreign hackers, criminals and spies to break into Americans’ bank accounts, health records and phones, without preventing terrorists from ‘going dark’“, as such correctly implying that the medication will end up being a lot worse than the disease they face. In addition to that, should Farook have relied on another path, for example receive orders and message a ‘guild’ within a Facebook RPG game, the wasted time on the iPhone becomes nothing more than an iconic episode of the Comedy Capers. With these games receiving billions of messages a day, parsing though 1 of a dozen games would take years. The fact that none of this required any encrypted android or IOS system, just a mere desktop like millions of students use makes for the case against the Alphabet teams. When looking at Extremetech, we see a quote that is important in all this, the quote: “how terrorist organization uses social media to spread its message and radicalize curious readers. GWU’s research found that while ISIS uses a wide range of services, including Facebook, Google Plus, Kik, WhatsApp, and Tumblr, Twitter is the social media site of choice. Twitter already patrols and bans the accounts of ISIS supporters“, it casually forgets the 3-4 dozen accounts that do not raise any flags, the accounts that ACTUALLY bring details of the attacks to the transgressors.

 

 

 

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February 20, 2016 · 12:25

Omphalos and its syndrome

This syndrome comes from the references of Delphi and the ‘navel of the world’, which is what Delphi was regarded as. Nowadays, we see Omphalos syndrome as the misguided belief that a place of geopolitical power and currency is the most important place in the world.

I believe that to be no longer correct, I believe that it has been ‘converted’ into something slightly more generic. I believe that it should be seen as ‘the misguided believe that its choice of management and achievement of profit are the most important in the world’. Let’s take a look at a few examples.

 

A is for Apple

‘Apple apologises over Error 53 and issues fix for bricked iPhones’ (at http://www.theguardian.com/technology/2016/feb/19/error-53-apple-issues-fix-bricked-iphones) shows the first example. The entire error53 mess is a direct example. It goes on to the core that we now see “Apple has released a fix for users affected by “Error 53”, a software issue that rendered useless iPhones that had had their home buttons replaced by third parties“, The initial response “At the time Apple said that Error 53 was a security feature to protect customers” reads like a joke. The mere alternative that was open was that any non-Apple certified method meant the wiping of data would have been enough. It took me 5 minutes to come up with that solution. A mere auto wipe of all data. No we have to read quotes like “Apple has apologised for Error 53 and said customers who paid for an out-of-warranty replacement for their phone should contact AppleCare about reimbursement” as well as “Solving Error 53 does not re-enable Touch ID, as a third-party replacement of the home button could potentially allow unauthorised access to a locked phone by modifying the fingerprint sensor“. It would have been the simplest of solutions to go through the re-enabling system again. All these simple solutions, all because apple wanted to enforce the repairs of their phones to what they consider to be THEIR allowed service repair shops. An application of greed, to maximise profits, not the openness of what was once the Apple OS X through a Unix open source system, but the mere stranglehold of a greed driven corporation. It was brought to light by several articles in the Guardian and an initial customer service based solution comes “after widespread publicity and the Californian tech giant being served with a class action lawsuit over in the US and attention from a competition watchdog in Australia“, I wonder how many IOS people will start considering Android now.

 

E is for Eisai

This event is taking us back a fair bit, around 2000 Eisai came with its Alzheimer’s drug Aricept (donepezil). The fact that profits grow by 100% might not be the biggest thing on the planet. Yes when the LA Times (at http://articles.latimes.com/2012/mar/22/health/la-he-aricept-fda-20120323) reported “FDA officials should not have allowed it, the authors said, because the clinical studies Eisai offered in support of its application did not meet standards the agency itself had laid out“, in addition we see “it failed to yield the improvements that the FDA had set as a condition of approval“, in all this a clear investigation did not take place. It is still allowed, mainly because it is FDA approved. We see in other sources the claims like “Further, the higher dose was not superior on either of the pre-specified secondary outcome measures, which, as the FDA medical reviewer pointed out, argues that the cognitive difference was not meaningful“, which we get from the FDA Center for Drug Evauation and Research. Application number 022568: medical review. Aricept 23 mg tablets. (at www.accessdata.fda.gov/drugsatfda_docs/nda/2010/022568Orig1s000MedR.pdf), when we consider the source http://www.nhs.uk/news/2015/10October/Pages/Cheap-Alzheimers-drug-may-help-keep-people-out-of-care-homes.aspx, where we get the quote “a year’s worth of donepezil costs around £21 a year, compared with a year’s worth of care home costs – estimated to be between £30,732 and £34,424 a year. If the results of the study were replicated at a population level, this could save the NHS a considerable sum of money“.

This is where we see another version of Omphalos syndrome, “the misguided believe that my version of cost cutting is the best in the world“, at this point, we should investigate the players and consider whether a case for criminal endangerment exists. The fact that sources have shown ‘evidence’ as per 2007 gives rise to a failed system, not just the NHS, but the leeway for pharmaceuticals as, from the given reports failed to yield the improvements that the FDA had set as a condition of approval, making the question why on earth was it approved at all and why are certain diseases used for marketing a cash cow, more important why is the NHS not loudly and outspoken dealing with this? Especially as www.NHS.UK is involved in promoting articles in favour of Aricept (donepezil).

 

I is for Insight Enterprises

This is a side that rests with Omphalos, yet in all this it is in equal measure a situation we must accept. Insight Enterprises did nothing wrong, it made a choice, it’s governing body stated ‘this is the best path, this is the golden solution’, we must accept that any governing body, being it corporate or governmental will be ‘smitten’ with Omphalos Syndrome. So as Microsoft changed the partner program in 2014, Insight Enterprises saw the filling of its corporate coffers trickle down to zero. (at http://www.crn.com/news/channel-programs/300079674/insight-enterprises-absorbs-another-hit-after-microsoft-partner-program-changes.htm). We can debate the mess Insight Enterprises received, the near simple answer is that Microsoft had to change programs, any large corporations will do that. Any program they offer and device tends to be ‘fluidic’ over time. Yet when we see the quote “The changes also affected Microsoft’s Licensing Solution Providers, like Tempe, Ariz.-based Insight, which are the only partners Microsoft allows to sell licensing agreements to large corporations“, which is now showing another side. Does this make Microsoft narcissistically selfish or just plain sociopathic? You see all narcissists are selfish, but not all selfish corporations are narcissistically in nature (which is proven as greed we put the greedy in front of a mirrors), yet in all this, is this a sociopathic side in Microsoft? Well, that is a debate for another day as the entire Omphalos topic would soon get too murky.

 

O is for Omphalos

As shown in the last example, we tend to see Omphalos in a bad light. Which is not all correct either. On the other side we can take Bill Gates and his Omphalosian approach to IT. This got us DOS and later Windows. On the far side of the scale of limiting, there is the view of the truly visionary, but that view needs a start. Here the Omphalos syndrome works in another way. As I see it, we can accuse Bill Gates, Steve Jobs and Larry Ellison on that list. Yet, we only did that AFTER they became successful, the not so successful are usually never heard of again.

In this world today, the foundation of ‘the most important place in the world’ is less and less applicable, it becomes a world of solutions, an amalgamation of aggregated values (the European Economic Community being a nice example). Yet the foundation of how to go about it was done in a very Omphalosian way. Especially when we consider the past blogs on how only self-proclaimed departures were the option. Which is exactly where Brexit is now. As Brexit gains momentum we see that the Omphalosian solution was the most dangerous here, it took one of the smallest nations (Greece) to push their non-accountability for the entire EEC to be in turmoil, with now a decent chance of collapsing the EEC as well as the Euro as a coin. Even as the United Kingdom is not on the Euro, France is and a Brexit will soon push for an additional Frexit. In that regard, the Financial Times quoted Florian Philippot who stated “the idea of challenging greater EU integration had become “taboo” in Europe. “The more we talk about it, the more people will vote against it,” he said” (at http://www.ft.com/cms/s/0/58f9cc98-ce51-11e5-92a1-c5e23ef99c77.html#axzz40fDAW3BL). This is yet another side of Omphalos, actually two sides. The foundation of Omphalos is based on one view, if that view does not evolve or alters as time goes by, that view becomes less and less actual. The view becomes an act of obstruction at best and debilitating at worst.

In the second part, we have forever seen the Omphalos syndrome in its power core on the scope of government (read: Communistic), in that view we forgot that it is corporations with their view on the ‘only’ solution that is now impacting the lives of people in several (read: many) nations. In that same view we see that the old approach to currency is no longer the same. Most values are too dependent on independent views of static organisations and their push for changed industrialisations. How come that the value of a coin is now directly impacted by places like Dow Jones index, Nasdaq, Standards and Poor, the IMF, the ECB and so on? Governments allowed themselves to be directly be valued from what is perceived to be an ‘independent’ side. This is the other part that drives Brexit and other plans to no longer be part of anything. There is a near global consensus that these sources can no longer be trusted. That their view is to some extent ‘Greed Incarnate’.

As I see it, there is no true independence anymore. When we read that Eagle Capital Management Invests $293000 and that J. W. Burns & Company Has $533000 invested in in SPDR Dow Jones Industrial Average ETF (DIA). When the index itself is invested on, the expectations of improved value must be met, where does that leave us?

 

U is for You!

Even when we see the old and the new versions of the Omphalos syndrome, we need to realise that what once seen as short-sighted and limited is now not so limiting. It remains (as I personally see it) as short-sighted as it ever was (only in the rarest of occasions is it visionary), but now, the impact is no longer limited to one government, now its short-sighted impact is nearly global. It hits parties in many nations and it does not stop there. You see in a governmental approach it is ‘set’ to be what is best for its citizens and in case of the EEC it is what a group of nations see. Now consider the application from corporations that impacts governments on a global scale, offices of standards that impact the dangers to lives on a global scale as it does not enforce its own given values. How can we be aligned to a limiting view that could cost us our lives and our choice of living?

So as you consider ‘the misguided believe that its choice of management and achievement of profit are the most important in the world’ also strongly consider what it will cost you, not now, but down the track.

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October 10, 2015 · 11:59

Dangers of Android?

Today I got confronted with a danger that Android poses. Yet, is this truly an Android issue? An Apple user will of course nod yes in a very rapid way. My Huawei is not the only one hindered by this. At Android central the following was found: “Are the apps definitely being removed from the App Drawer, or is it just that the shortcut is disappearing from your home screen?”

This is of course a fair question, it still is not OK, but the difference between an app and a shortcut is quite the difference.

It turns out that the apps are on my phone, but they no longer run, they are now called ‘com.spyfox.tripletown‘. The apps seem to have gotten themselves damaged. The question no becomes why. At this point I also notice a program called ‘Li emotion’. The kanji next to it gives it away. My question now becomes ‘what is this and what does it do? This is because it is a separate app, I never installed it (as far as I can tell) and the rights it does have are massive. Yet there is no indication what it is, why it is on my phone and why it is allowed to do many things without my permission. It does not take too long that this is part of the Huawei Emui, so there is no real issue as the operating system needs to be able to do all this. Comprehension was the mere element that resolved everything.

This does not solve my app issue (which actually fixed itself) and gets us to the Guardian video (at http://www.theguardian.com/silent-circle-partner-zone/video/2015/aug/17/smartphone-users-read-their-app-permissions-out-loud-video). So yes, when we see the rights and speak them out loud, they sound very disconcerting. But why is it such an issue? ‘Modify calendar events and send e-mails without my knowledge‘ sounds extremely offensive, but now realise that you set up a meeting, you change the meeting and all parties are automatically updated through messages. Did you know that they got another mail stating that the meeting had changed? There you go, mystery solved. Apps ‘reading your text message‘ sounds like a worry, but is that program actually comprehending the information, or does ‘reading’ mean ‘parsing’, processing the text in all this? Computer lingo for the layman is not the easiest task.

In all this the one that stood out for me was ‘I give this app permission to automatically turn of airplane mode‘ if airplane mode was there for safety reasons (the airplane message no one ever believed that mobile phones interfered with airplane instruments), than the option to turn that off should not be allowed, but in all that, this could be as simple as the dialogue box ‘Would you like to deactivate airplane mode?‘ The video ends with ‘the biggest risk to you and your privacy is your smartphone‘, this is a decent claim to make. In all this, it is actually about users and consumers who do not understand (read comprehend) what they are agreeing to. They do not understand what they have consented to. That is always dangerous, because the things you do not realise are the issues that turn you into the greater fool. Here we can paraphrase the greater fool theory which states that “the price of an object is determined not by its intrinsic value, but rather by irrational beliefs and expectations of market participants” into “the security of your environment is determined not by the borders you mentally erect, but rather by naive believe that the applications on your smartphone will respect them“.

You see, I believe that people should be worried about privacy, and #Privacynow is a valid need, but what is your actual privacy? The way that they are getting there is a little bit of a worry, yet the path is not without valid reason. Consider the quote “It’s common for users to employ the same username and password across systems, so if someone compromises that particular password, the potential also exists for them to compromise additional user accounts“, this is a worry in one way, because is this about the safety of the phone and its apps or is this about Common Cyber Sense? Something I have been advocating for about 2 decades. So how is this a danger for Android? That is part of the issue. In my view the danger to IOS is not smaller and the danger is nor subsiding any day soon. One of the earliest sources is around 2008, in 2010 Computer world, CNet and other sources stated “About 20 percent of the 48,000 apps in the Android marketplace allow a third-party application access to sensitive or private information, according to a report released on Tuesday“, there are two sides here. In the first, is this like the earlier issues in the video and stated, ‘a form of feigned transgression?’ Or is this in the second ‘leaky security that leads to open access of information?’ There is however a third option, apps that were created that are intent on creating a backdoor that allows access to all data. It is the third that is a true danger, yet how realistic is this danger?

Computerworld stated this from a Google representative: “This report falsely suggests that Android users don’t have control over which apps access their data.  Not only must each Android app gets users’ Permission to access sensitive information, but developers must also go through billing background checks to confirm their real identities, and we will disable any apps that are found to be malicious“, this is not just clearly the case, there is supporting evidence on several levels that this is true. In addition, these parts are quotes from 2010 and since then both Apple and Google have upped the security game by a lot. Still, it is the news from last week (at http://www.wired.com/2015/10/iphone-malware-hitting-china-lets-not-next/) ‘iPhone Malware Is Hitting China. Let’s Not Be Next‘ is the issue today. The quote “Unlike previous spates of iOS-targeted malware, many of those victims hadn’t jailbroken their phones to install unauthorized apps. The two back-to-back attacks—one far more sophisticated than the other but both unprecedented in iOS’s history—suggest that complacent iPhone users around the world could be in for the same nasty shock“, the issue has now become the fact regarding ‘non jailbroken systems’, which implies that either a flaw has popped up in the Apple device, or overall a new level of access has become a worry. It is the quote that follows which now is centre in all this “Apple has said that only iOS 8.3 and earlier were left open to the attack. Later versions limited access to the APIs it exploited to plant its ads“, so we can accept that we all install the latest versions, yet what happens to those who have an older device (like the iPhone 4)? There are plenty of things people can do that prevent these issues, and in all this ‘Common Cyber Sense’ remains the big issue. So is China hindered by a massive lack of Common Cyber Sense?

Here we now see the evolution that is the danger. It is the assumption of the user. The laziness of their usage and the ignorance of the effects that they easily embrace. The quote “Don’t install strange apps that appear in pop-ups online and aren’t found in Apple’s App Store” is the big part we must adhere too (well Apple users anyway), for most people like you and me, we use the Google Play Store sources only! Both Google and Apple have their methods in place. Would a three pronged app remain the issue as implied in the article? That is hard to state, but what is clear is that 99% of the dangers can be averted by using the reliable source and that reliable source only. The application of ‘Common Cyber Sense’ can aid you in averting another 0.9999%, which means that if you install 10,000 apps, there is a one in 10,000 chance of you ending up having a chance of being in danger.

Yet in all this, we should never relax about the technology we use and the danger it could bring. It is that fear that is driving people in all kinds of corners they never need to be in. When you have sex, not the committed relationship one, but the quickie with that girl next door for some slap and tickle. In that case do you practice safe sex? When you live in the city, do you go to work leaving the front door to your apartment wide open? In that same sense, when you use any technology that has your personal information, you use more than the minimum safety. That last part requires Common Cyber Sense. To the previous generation it is a harder thing to do, but it can still be done, to my generation it is an additional side to my workflow. It is the next generation that is now the part that matters. Many are taking the casual approach their parents (or bigger siblings) have, whilst not realising that Common Cyber Sense will be at the foundation of their lives. So, any OS will come with its own perils. Be it Windows, LINUX, Android, IOS or any other OS. They will face a new area that is on the move with such high speed that there is no way to predict where they will be in 7 years’ time. The dangers of a complete rewrite in an iterative world. You see until 2000, both hardware and software remained highly innovative, it was after 2003 that the iterative world was set in high gear. First Hardware and now to a larger extent Software has been in iterative mode. Yet the world behind all this, the security part has made leaps and bounds and to some extent not in a good way. Here we can make a connection to an article by Tarleton Gillespie from 2014 called ‘Facebook’s algorithm — why our assumptions are wrong, and our concerns are right‘. The quote “I will say that social science has moved into uncharted waters in the last decade, from the embrace of computational social scientific techniques, to the use of social media as experimental data stations, to new kinds of collaborations between university researchers and the information technology industry“. In addition there is “Those who are upset about this research are, according to its defenders, just ignorant of the realities of Facebook and its algorithm. More and more of our culture is curated algorithmically“. This is not upsetting or ground breaking, but it is the next part that links to all this. It is a blog article called ‘Analytic Suspicions‘ (at https://analyticsuspicions.wordpress.com/2013/02/25/metric-failures-and-data-assumptions-4-myths-of-social-analytics/), he is looking at a few myths in social media, in all this (it is a nice read and well written), I personally see one point that is not a myth, it is a worry and it seems to me that many remain ignorant on that danger. You see, the myths whether all Social Media is analysed, that Social Media data is clean enough to Analyse, Influencers should be targeted and sentiments analyses works. In all this we forget the 5th issue (this being the non-myth). The interaction of apps and data. The dangers that we interact our apps and the data that is linked to all this that is now becoming the true issue. You see, even with all the common cyber sense no matter how safe our mobile is, the data is still somewhere and that data becomes available, more data than we agreed on. Yet in all this is the mobile OS Android/IOS the weak link?

That is the part that is not addressed by many speakers in this realm. Some get scared by places like ‘life hacker’ and some are ignoring the woeful text that passes us by, yet when places like Forbes report that ‘Report: 97% Of Mobile Malware Is On Android‘ (at http://www.forbes.com/sites/gordonkelly/2014/03/24/report-97-of-mobile-malware-is-on-android-this-is-the-easy-way-you-stay-safe/) people get worried (even though the article is more than a year old). Yet the article enlightens us in many ways. The most important quote here is “here’s the part Google’s rivals don’t want you to know: the figures are misleading“, which is one side of the foundation. The second on is the part I already discussed “stick to buying apps on the Play Store and every one in 1000 apps you buy may have had malware for a brief period“, the word ‘may’ is essential and ‘brief period’ is also essential, in the end, the chance of you getting the winning lottery ticket could be slightly higher, odds I’ll take any day.

Yet in all this, with all the protection these providers offer, the number one danger is you!

Common Cyber Sense is the essential step of reducing that danger to almost zero (like 0.0001% chance).

In the end the danger of Android is almost the same as the danger to IOS, both large players presenting into the margins, which is where the mobile phone user (you know that pesky consumer) does not tend to be. Which takes us to the final part in all this. It was my blog article from the 4th of October (at https://lawlordtobe.com/2015/10/04/cisa-and-privacy-are-not-opposites/) ‘CISA and Privacy are not opposites‘, we get confronted with Silent Circle and their Blackphone 2. I have no doubt that Phil Zimmermann and Mike Janke are men of knowledge, determination and possibly even innovation. Yet, these skills do in my humble opinion not match up to the killer skills of the Google engineers with their keyboards. So when we see the quote in the Guardian (see previous blog link) “Google didn’t support the initial software build, something that probably helped make the phone more popular, rather than less“, do you think that this was done in envy by Google, or because their build did not hold up to scrutiny? That last part is speculation because I have no data or any evidence going one way or another. The Blackphone is marketed by intelligent people with skills, no one will doubt that, and it is also clear that Silent Circle is now tapping into a direction that is gaining traction, which means the market will most definitely grow in this direction. Yet in all this, considering all the facts, in how much danger is your data?

Sit in a quiet corner and let that questions sink in for a minute. I have been in the data field since 1989, in all that time the biggest threat was ‘data at rest’ (data saved on a device), meaning that this implies that you have strong passwords on your hotspot and Bluetooth capabilities, or just switch these options to ‘off’, not data that is moving from point A to Point B. Today both areas are a ‘threat’ and the second one only since very recent.

Since November 2012 I have had 2 phones, the second one I got this year because only now, my Android needs had grown beyond a 1 GB RAM phone. As far as I can tell I have only faced one issue and that was due to an ignorant third party developer and their dim witted approach to synchronisation. The simple use of Common Cyber Sense is all I needed. Basic steps that nearly anyone can adhere to. The threat of criminals and organised crime will not go away. Common Cyber Sense will keep them at bay and common sense should do the rest.

Which now takes us back to the title, you see, the dangers of Android are largely between your ears. The only dangers you face are the ones you open yourself up to! You should never stop asking questions on where things are and what you sign up to, that is common sense, but also feel free to question what certain things mean, it is in the comprehension that you find the answer. If there is one conundrum to leave you with then it is not android or IOS, consider the idea that a Facebook game wants you to give them access to your religious views, whatever for?

To pray for ammunition?

Well, so be it: ‘halleluiah’, now die you zombie master and give me my 10 points towards a high score!

 

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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 15, 2015 · 23:38

In continuation

Perhaps you noticed it, perhaps not. The last article was left a little unfinished. I had to do this because we are faced with two separate parts and I needed to isolate a few things, leaving you with the idea that this was it, alas (or fortunately) it is not!

In the past we saw that software required to pass “a manner of manufacture”, the linked issue of physicality, which is one I do believe in. It is for that reason I still consider the article by Ben McIniery ‘Physicality in Australian Patent Law‘ (at Deakin law review) to be the article that everyone in IP should read. It is an absolute must in the field. The article opened my eyes to a few parts of IP. On page 465 He goes into National Research Development Corporation v Commissioner of Patents (1959) 102 CLR 252, where we see “the High Court explained that the patentable subject matter inquiry is a broad test that recognises all new and useful innovation as patent eligible, irrespective of whether it involves a physical embodiment or a transformation of physical matter“.

This is where we are now. The gaming industry is only one side of it, the mobile data and mobile device market is the big one. No matter how much you see how mobile markets are worth hundred, two, three or even four hundred billion. As I see it, the mobile device market has now passed the 1 trillion dollar mark. As the people involved are looking at ‘their’ corners, the overall interaction market, including apps, data and hardware has exceeded a trillion dollars. So why does this now matter?

This is at the core of it all. The new games are only one side, the other side connected to all this is the value of data. There was a reason that Microsoft paid 2.2 billion for a videogame. The massive connection here is not just the data, it is the collection technology that you can link to it that matters.

Software was taken to satisfy the requirement for patentable subject matter; that is, it was “a manner of manufacture”. As articulated in the watershed NRDC decision, it is a mistake to ask if an invention (in the present context, software) is a kind of manufacture because it tends to limit one’s thinking by reference to the idea of making tangible goods by hand or by machine. Rather, the correct emphasis is that the application of a manner of manufacture results in an artificially created state of affairs, and that a manner of manufacture has an industrial, commercial or trading character in that it belongs to a useful art, as distinct from a fine art, and consequently its value to the country is in a field of economic endeavour. Software would appear to satisfy that requirement. Apple found that out the hard way, when it ‘learned’ that Smartflash owned the patent (at http://www.reuters.com/article/2015/02/25/us-ip-apple-verdict-idUSKBN0LT0E720150225), the bandage for that pain has been set at half a billion dollars. Here we see the link to both gaming and mobile devices.

The hottest ticket in the gaming industry is not just the game, it is the one who gets the race horse right on cross platform workings. So, a person on an Xbox One meets a person on a PlayStation 4 and they both fight it out ‘Doom’ style, who is the baddest, deadliest and most determined player on his console? That is currently not an option to the extent it should be. If you think it is easy, than think again, Bethesda with its Elder Scrolls online has not been able to bring that baby to life (Neither has Diablo 3 for that matter, who has a lot more experience in this field).

The jackpot value goes up even more when we consider the Android and IOS devices. Cross platform is the one ticket (read: patent) that once solved will hold the trump card to instant super wealth. Leave it to greed to properly motivate innovation, but that is usually the case.

So as we see the E3 to the largest extent about gaming. I am looking at it from the additional view of Intellectual property. If you have read yesterday’s article called ‘As the heart thumps‘ (at https://lawlordtobe.com/2015/06/15/as-the-heart-thumps/), you might wonder if there is a reason behind my focus on the navigational view of Elite: Dangerous. Now consider the design patents that Microsoft holds and consider the Elite HUD in a car window as a heads up display. It is the next step. You see, several players (read: car manufacturers) have been looking at implementing something like this, but the costs were scary. Now consider Corning’s Gorilla Glass technology solutions, not just to be a stronger screen, but a screen ‘film’ solution on the inside of the glass linked to a device that feeds the screen, whoever holds the quality design patent here will make a killing. The ‘technology’ that we saw in games for HUD, is technically already possible, now it only needs one clear implementation with the right patent and that person is sitting on the platinum patent. That same train is linked to interactive data transfer and consolidation cross platforms. Not what you think already exists (like feeds to every device), no, I am talking about true bi-directional interaction of the mobile world. We are getting closer, but we are not there yet.

In gaming terms, we are talking interactive intelligence versus scripted moments. The bulk of all games still rely on scripted moments. When you walk into a door, a new house, or meeting that ‘special’ character in the game. Games are full of that, no it is the intelligent design, regardless of moment, character or location that decides the interaction. That will be the upcoming frontier. Yes, you might think that this is about gaming, which is partially true. Yet that part is one step away from intuitive marketing; to reach any person regardless of device, location or state of travel, the holy grails of Direct Marketing and the Business Intelligence field is pursuing. You see, when we travel we tend to be decently idle. That is the moment marketing could hit us square in the face, possible resulting in us pressing the ‘buy’ button. That is as I say the platinum patent that allows for almost instant wealth beyond measure. Most of the technologies exist in generic form, whoever delivers the focus narrow enough to get set into patent will be holding onto the Chalice of Avarice.

In all this, the IP market remains in development, in addition, these events with added complication of what the TPP will offer large corporations is centre as to why I had an issue with the TPP. It gives unbalanced strength to large corporations, whilst diminishing the efforts of small innovators and it is the latter part that is most likely to come up with the golden idea, which was always my issue against the TPP.

So, when you take another look at what the E3 offers in gaming, consider how much bigger the net is that could catch options in other parts and other business segments.

 

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May 25, 2015 · 00:03

Dark side of the moon

The Guardian ended up with an interesting article on Friday. The title ‘Malware is not only about viruses – companies preinstall it all the time‘ (at http://www.theguardian.com/technology/2015/may/22/malware-viruses-companies-preinstall), it is a good article and Richard Stallman is a great man, but there are parts in this article that I have an issue with. Mind you, the man is not telling stories or lying, but he is showing one side of the coin. He is also reinforcing other sides to the software industry that are a definite issue.

The first part is a part I am completely in agreement with “In 1983, the software field had become dominated by proprietary (i.e. non-free) programs, and users were forbidden to change or redistribute them“, a side which I do not oppose. In addition there is “But proprietary developers in the 1980s still had some ethical standards: they sincerely tried to make programs serve their users, even while denying users control over how they would be served“, I have a partial issue with the last bit ‘denying users control over how they would be served‘. I disagree for two reasons.

The first is based on resources. In those days, an IBM PC was a massive behemoth, it had 256Kb memory and if you were really really rich, you also had a 10Mb hard drive. So, yes, the expensive personal computer had less resources then the cheapest $39 Non-smart Nokia phone. Go figure! By the way, that 10Mb hard drive was priced at $1499 in those days. So, user control was an issue, because resources did not allow for them, but soon thereafter, the 512Kb PC was released and there was so much we could do then! No sarcasm here, it was true! In those days I learned and mastered Lotus Symphony an excellent program! This was also a time when we started to get some choices in control, control remained limited, but some control was gained.

Next we see the first part that is an issue, even though he makes a nice point on End User License Agreements. I would like to add the Terms of service as a clear point here, but overall there is a part that is too coloured. The quote “So many cases of proprietary malware have been reported, that we must consider any proprietary program suspect and dangerous. In the 21st century, proprietary software is computing for suckers“.

I cannot completely disagree that Microsoft soured the market by a lot, it has done so in several directions, yet Corporate Earth is at times too stupid to consider growing a brain, which is also part of the problem. It is an element that is shown all over the place. The Netherlands, Sweden, UK, France, Germany, Denmark and even Australia (I worked in all those countries). Instead of sitting down and considering a switch to LINUX with open office, the IT and other elements are just too lazy and too under resourced to push for a change, so the users are no longer people, they are for the most mere meek sheep following the ‘corporate standard‘, which means that they too use windows and Office.

Another direction is the hardware world. Windows comes preinstalled, more important, Windows and Microsoft have been a driving force, forcing people to buy stronger and more expensive computers. Even though many users have not needed any need for more powerful and stronger hardware, Windows forced them to upgrade again and again. Anyone not into gaming and using their computer merely for office activities and browsing mail on the internet should not have needed to upgrade their computer for the better part of 10 years, but that is not the reality, go to any computer shop for windows hardware and we see how the ‘old’ ASUS, ACER, Lenovo, HP or Toshiba no longer hacks it. Which is actually weird, because if you reinstall your old laptop with LINUX and Apache Open Office there is a high chance that you will work in 90% of the time just as fast as with that new $2000 laptop on Windows 7. Setback? You have to install and configure it yourself. Upside? LINUX and Open Office are both free software, no costs and no fees!

Is it not interesting how companies are not jumping on that free horse? Why is that you think? In addition, with all the needs for government costs to go down, why are they not more pro-active to push for a shift towards LINUX? Is it security? This is also odd, because with the massive amount of non-stop security patches, Windows is not that secure to begin with.

So where do I disagree? Well the first clear quote is “Some are designed to shackle users, such as Digital Rights Management (DRM)“, I believe that if a firm makes software, it has every right to prevent illegal use, for a long time, how many people do you know that have a LEGAL version of Adobe? Even when the stars are in your favour. In many Universities, Adobe offers the entire master collection (all their software) for $400, which is an amazing deal! I got my legal versions of both Windows 7 and Microsoft Office Ultimate for an additional $199. Why not buy it? No many just find a download place and get the software for free, in addition you can get the codes. It goes even further that I stumbled on a place in Germany some years ago where they were offering the OEM stickers for PC complete with license key for 20 Mark. I could not tell the difference from the original sticker in the software box I had bought. Do you think that DRM would have been such a push if people just bought their software? I will take it one step further, I feel certain that if every person was charged $275 a year, we all would have the complete Adobe, Windows and Office programs free to download, with no need to illegally copy anything.

But there is still that other side. You see, I still believe that Microsoft and hardware providers have been forcing a technological armistice race upon the consumers, which now adds up to us all wasting resources on iterative junk we should not need. So even though I do not completely agree with Richard Stallman here, he does have a point.

Now we get to an issue that I actually faced without knowing it “Even Android contains malware in a non-free component: a back door for remote forcible installation or deinstallation of any app“, you see, I thought I was bonkers (which I actually are) but for some reason one of my apps had suddenly be removed and not by me. It was not something I needed. I had just downloaded it from Google play out of curiosity, but suddenly it was gone! In addition, on more than one occasion it just decided to update my apps, without my permission. When you have bandwidth issues, seeing a force upgrade which could cost you is not that nice a moment.

Yet, for the most, I remain a loyal fan towards Android, even though at times programs use background resources for reasons unknown, or are they unknown?

We get the next part from the quote “Even humble flashlight apps for phones were found to be reporting data to companies. A recent study found that QR code scanner apps also snoop“, there is a lot more at http://www.facstaff.bucknell.edu/ejsmith/scan.this.or.scan.me.2015.pdf; now we have ourselves a massive issue, although the paper shows that there is a prompt for GPS and the sending of GPS, none of them has the situation where they do not prompt for GPS and still send it. Eric Smith and Dr Nina A. Kollars who wrote the paper give us another consideration on page 8. There we see “Moreover, contemporary privacy norms are increasingly threatened as what initially appears to be signals of consumer preference slide further into determining bigger-picture life patterns and behavior. The term most commonly used to address this creeping phenomenon is the literature on consumer panopticism“, which now refers to ‘Gandy, Oscar H. The Panoptic Sort: A Political Economy of Personal Information‘. Before getting the book (which is worth the purchase), you might want to take a look at a paper by Adam Arvidsson, from the Department of Film and Media Studies, University of Copenhagen, Denmark (at http://www.surveillance-and-society.org/articles1(4)/prehistory.pdf), you see, my partial issue with the article by Richard Stallman becomes slowly visible now. He is right in his view and his vision as he sees this, but you the user did this to yourself! You think that Facebook is ‘free’, that these apps are there merely for amusement (some actually are), their goal is income! Some work the Freemium game market, where games like ‘Book of Heroes‘ gives you a free game, but if you want to grow faster and better in the game, you will have to invest. For the most, these games will rely on the investment from $10-$25 to truly open up, which is, if you consider the amount of hours played still great value. Freemium games also come with that ‘try before you buy’ approach, as you can play the game, but to enjoy it, to get more moves and more joy a few dollars will be essential. The other part that relies on ‘captured data’ did they inform you? If not, there is an issue, but the app programmer will get his pound of flesh, either by cash of by data!

Yet the other side is also true, you see, as Richard mentions and as Adam Arvidsson report on, there are places like Red Sheriff, that rely on hidden script, which is more advanced/intrusive as it keeps track of ALL your online movements. You get this script as a ‘present’ when you visit one of its affiliated sites. Did you the internet user sign up for that? When we see the reference on who pushes this. We see “since most major commercial sites use Redsheriff“, which means that nearly all will somehow be tracked. I for one do not really care that much, but I never signed up for any of it, so should we see this as an invasion to our privacy?

This is where we see that freeware is almost never free.

Yet Richard also alerts us to another state of freedom, or lack thereof! In the quote “If the car itself does not report everywhere you drive, an insurance company may charge you extra to go without a separate tracker“. Can anyone explain to me why it is ANY business of the insurer where we are?

In the end, Richard states three parts, which are fair enough, but overall the issue is missed. The issues reported are:

“Individually, by rejecting proprietary software and web services that snoop or track“, here I do not completely agree! I used Adobe as an example for a reason, there is simply no viable alternative, it only became worse when Macromedia bought Adobe (I know it is the other way round, but I will remain a faithful Macromedia fan until the day I die!), there is in addition, no tracking done by Adobe, other than keeping track whether you have a valid license, which I never opposed.

“Collectively, by organising to develop free/libre replacement systems and web services that don’t track who uses them“, which I whole heartedly agree with, I am even willing to devote time to this worthy cause (not sure how I could ever size up to the hundreds of Richard Stallman’s, but I am willing to give it a go!

And last there is “Democratically, by legislation to criminalise various sorts of malware practices. This presupposes democracy, and democracy requires defeating treaties such as the TPP and TTIP that give companies the power to suppress democracy“, this is the big one. The political branches all over Europe and the Commonwealth have sold us short and have not done anything to properly enforce the rights to privacy. In addition, Google and Apple remains in a state of non-clarity on what data these apps capture and what they convey. In that regard Facebook is equally guilty. Facebook goes further that it does not even proper police those who claim to give a free app, only to no longer work, but when you went to the install the data is as I see it already captured by the app provider, which gives wonder to where that data went.

In regards to suppressing democracy, which is perhaps partially overstated, there is an issue with the TPP that seems to empower large corporations and nullify the protection to smaller innovators and even governments as the TTP wants to enforce “where foreign firms can ‘sue’ states and obtain taxpayer compensation for ‘expected future profits’”, how long until we get an invoice for overinflated ego’s? Especially from those people in the entertainment industry claiming the loss of so many billions in an era when the bulk of the population can hardly pay their rent!

I regard Graham Burke of Village Roadshow to be one of the greater jokes this era has brought forth. Consider who he is supposed to ‘protect’, he goes on regarding “‘crazies’ whose hidden agenda is the ‘theft of movies’“, which is not that far-fetched a statement, because movies will be downloaded and not bought, it happens, yet not to the degree Graham Burke claims it is! So we get him soon enough to claim billions from losses due to the massive download of ‘the LEGO movie’ perhaps? Yet in the public forum on copyright infringement, we did not hear him utter a word on bandwidth, perhaps the response from Telstra’s Jane Van Beelen would likely have been a little too uncomfortable Mr Burke?

You see, in my view it is less about the democracy as Richard Stallman sees it. The legal protection seems to be massively delayed as bandwidth is income, and when piracy is truly stopped bandwidth will simmer down. If we accept the word of Village Roadshow with global revenue of 13 billion since 1997. Yet, I wrote about movie piracy in ‘The real issue here!‘ on June 17th 2014 (at https://lawlordtobe.com/2014/06/17/the-real-issue-here/), in the calculation, which I kept very conservative, Telstra could lose up to 320 million a month in revenue, due to diminished bandwidth, which gets us 4 billion a year. Consider that Village Roadshow is global, which means that Australian revenue is a mere fraction of that, how soon until they see that Village roadshow might only get 5-10 million a year more, against the 320 million a month loss for Telstra? So Mr. Burke is not regarded as a serious party as I see it (yet he is not an invalid party), Telstra would have too much to lose, not to mention the loss Optus and iiNet could face. However, if the TPP changes that with ‘expected future profits’, whilst there is absolutely no quality data to prove that the loss is nothing more than there ego’s talking.

There is the crunch that politicians are too afraid to touch!

Yet, in light of many factors, legal protection (including protection for Village Roadshow) is essential, yet the large corporations seem to hold the game to the need of their bottom dollar, which is the dollar, not democracy or decent rights. If it were decent rights than telecom companies would properly monitor abuse of digital rights, because the movie is for Village Roadshow to sell, or to stream for a fee via Netflix. I do not deny this at all, I just oppose the outlandish income some of them claim that they ‘lost’!

So on the dark side of the moon we see that (actually we do not see any of that) things are not right. I do not completely adhere to the idealist view that Richard Stallman validly has (we are all entitled to our views), but he touches on several parts that definitely need change and until we see a governmental push away from Microsoft solutions, we will see that the government will spend loads of money on never-ending updates to hardware and software. We all agree that such a change is not easily made, but in light of the cost of living, the fact that nearly no one makes that change is equally worrisome.

When we stare up to the sky we always see the same side of the moon, the dark side is wild, and is covered with impact craters, impacts we never see. It is a lot more reminiscent of the chaotic wild life of malware, a side that is constantly lacking the exposure it should have, mainly because it affects the bottom dollar.

 

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May 20, 2015 · 00:43

Fear is a tool

It started with a thought, one I have had for a little while and one that had been voiced in the past. Today, in the Guardian we see part of this in the article called ‘How we sold our souls – and more – to the internet giants‘ (at http://www.theguardian.com/technology/2015/may/17/sold-our-souls-and-more-to-internet-giants-privacy-surveillance-bruce-schneier). I respectfully disagree with parts of this.

The first premise is the important one.

Did we sell our souls, or were governments on a global scale lacks and slow regarding the rights of privacy?

That is an important question as it is linked all over the place. We tend to look (as I have mentioned numerous times) regarding the information the intelligence community gets, but at the same time we allow ourselves to get mined and exploited by every social network available. A nice example that the article uses is the Hello Barbie. The Washington Post gave us loads of information in March (at http://www.washingtonpost.com/blogs/the-switch/wp/2015/03/11/privacy-advocates-try-to-keep-creepy-eavesdropping-hello-barbie-from-hitting-shelves/), but it did not get the global visibility it required to have.

You see, there is nothing wrong with an interactive toy. I reckon that as programs became more and more interactive, then so would toys and the Hello Barbie doll is the premium evolution for children. The big issue is not the toy, but this simple line: “As the doll ‘listens’, audio recordings travel over the Web to a server where the snippets of speech are recognized and processed. That information is used to help form Hello Barbie’s responses” Why? Why use the web? Why not connect to a device that has the software installed? The answer is simple, this is only in one part about the doll, it is a lot more about collected data and data is value (their marketing department will come with some “it’s  all so much easier via the web answer”). Collecting the questions of children gives way to trendsetting and to marketable exploitation. Of course, in that light the adult edition, where the answer to every question becomes “not now darling, I have a headache” is likely only 6 months away.

You think I am kidding? Data is the core of value, marketability of data is the new ‘O’ for industrials. Knowing how to push the button by answering the not asked questions in advertisement is the rage, the El Dorado of the marketing industry. So when we see the quote at the end of the article “Mattel and ToyTalk, the San Francisco-based start-up that created the technology used in the doll, say the privacy and security of the technology have been their top priority“, we should state that if security and safety were such important parts, you would have kept these issues local and not via the web. As for security, if hackers can take down Sony, then Mattel might not be that much of a challenge and in that light, that collected data would be worth a fortune, so people will get that data one way or another.

Beyond the toy need of a child is the need for health. That part is dealt with in “Many medical devices are starting to be internet-enabled, collecting and reporting a variety of biometric data. There are – or will be soon – devices that continually measure our vital signs, moods and brain activity“, now we get to the juicy stuff! You see in the UK there is the Data Protection Act 1998. Yet here we see the following issue:

Section 36 gives us: ‘Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III’. So Barbie is already exempt in this case.

Even though section 2 gives us in section 11 ‘Right to prevent processing for purposes of direct marketing’, which is in part II, so Barbie is again exempt.

However, we do see protection under part one section 8. Here we see: ‘Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data’. Yet the danger here is that this regards ‘personal data‘, the definition under part one states: “personal data means data which relate to a living individual who can be identified”, which is not the part that is transferred, so it does not count. The personal data is what mommy, daddy or junior enter within a website or social media, outside of the UK (or Commonwealth), so that they can receive a much more personal ‘experience‘ with Miss Barbie. This is at the core of the problem, but it is only one factor. The same applies in 99% of the cases to healthcare and fitness equipment that connects through the Bluetooth, Wi-Fi and the web link. All this gets collected. So when we wonder regarding the excuses on software on cheaper through the online experience, several parts give clear indication that this is about collecting data, because data is the new gold. How much do you think a health care provider is willing to pay, so that they have data that allows to cut off, or additionally charge the riskiest 10%? Even though those people are already paying premium, to have a check on the safest group and to flag the least safe group is worth a bundle. Anyone selling that data for less than a 9 figure number is getting royally screwed.

And it goes on beyond the mere computer and the internet. More precisely your smartphone. The apps you install track you here as well. They track your location and sometimes download your address book, calendar, bookmarks and search history. Not to mention a host of other parts. The most annoying part of it all is that you the user gets to pay for your bandwidth, so if your data gets downloaded, you are likely to see background usage of the data and the bandwidth used goes to your total usage.

The gem of the Guardian article is shown near the end “And it’s all possible because laws have failed to keep up with changes in business practices”

This has been the number one issue for well over 4 years now and the lawmakers have basically been sitting on their hands, pretty much all over the commonwealth I might add, because data is money and those captains of industry require overhead (read data profits). It comes down to the same issue with the laughingly disturbing discussion on movie piracy. Telco’s rely on bandwidth, without that, there profits go down to the basement, in that same light their reliance on data seems to hinder governments to react in a timely manner. Research, investigations and commissions. We have seen data issues since before Edward Snowden. Yes, in all these years, how many successful alterations were made to the Data Protection Act 1998, via either legislation and/or the House of Lords? You do the math, yet the answer is simple. As I see it, look at your two hands and do not use the 10 fingers that is how often, a mere ZERO times! Just like the internet consumer change, the internet data change has seen just as many evolutions.

The worst is however yet to come!

You see, the newer mobile phones often have the capacity that surpasses many laptops and tablets. I witnessed just 4 days ago how a friend used his mobile as a SharePoint because he had to update his PS4. What He had not realised is that the PS4 also started to update his installed games. It took him less than two minutes to realise this and in that time his 2GB bandwidth was gone! Welcome to 4G bandwidth!

He’ll lose an additional $10, so he did not think it was a biggie, but now consider how much data can be passed over to wherever the applications decides. So when we get these small messages, when we are lulled into a sense of ‘security’ consider where your data is and who else has access. That is at the heart of the matter, as well as the heart of the legislative failing. Who else has access! When data is stored at any third party provider, the app maker might guarantee that THEY will not allow access to the data, but that does not state that this is the case, you see, if they have the data parked in any other provider, what does the rules of those providers stipulate? Only they? Only the executing service agents? The world of data is quite literally the new Wild West of Business and IT, a reasonable untapped frontier and we all forgot that we think that data is there and only we can access our little field of data, whilst in reality and corporation with a tractor can get to any part of that data field. It is all nicely settled in the line “are exempt from the data protection principles”, so as we consider our data and why we are not keeping it local, consider one final ‘deletable’ part, which is also in the Guardian article “In 2009, Amazon automatically deleted some editions of George Orwell’s Nineteen Eighty-Four from users’ Kindles because of a copyright issue. I know, you just couldn’t write this stuff anymore ironically“, yet even though the irony is out there, consider that your data is also on the cloud. So what happens when that gets deleted? Not by you or by the provider, but by a third party who got around it all? You might wonder why that is an issue, if you do then consider the final question in this dilemma: ‘Who is the owner of a deleted file?’

So here is the fear part:

Where is your data?
Who ‘owns’ it?
Who has access to it (besides you)?

These are one side of the fear equation, on the other side you have the data local storage, which you must personally manage, you must backup this data and you must keep track whether it is all backed up. Some users feel uncomfortable with that. A nice example can always be found when someone in your vicinity cries over a crashed mobile and all contacts lost (I saw that a few times happen to people I know in 2014).

One fear or another, they’re gonna getcha!

So you the user have gone with the flow and the privacy for billions is up for grabs because no one wondered, asked or pressured, now that part is almost indefinitely gone, only by adjusting the laws can we see a restoration of proper privacy of data and information, but those who rely on the value of data are extremely intent on not letting those changes happen. Consider this part from an earlier Guardian article “Facebook places tracking cookies on users’ computers if they visit any page on the facebook.com domain, including fan pages or other pages that do not require a Facebook account to visit“, do you think Google is any different? So as you are tracked and as data is combined from social media, from websites, devices and even toys. How much privacy do you think you are enjoying at present?

Now we get to a truly speculative part. Consider Google with its Nexus range. Now the new Nexus 6 looks nice (way out of my budget range), there is a 32GB and a 64GB version. No issues here! In all aspects a decent game changer for the Nexus fan. Now we get to the Nexus 9, the tablet. Before I give my view, let’s refer you to Forbes, here we see some interesting details (at http://www.forbes.com/sites/ewanspence/2013/01/29/apples-128GB-ipad-just-gave-every-android-tablet-manufacturer-a-headache/), an important fact is that this is a January 2013 review, so more than two years old! In that regard the specs do not seem to have changed! So this ‘new’ tablet is only to be begotten in a 16GB or 32GB version. So it has a lot less storage than the Nexus 6 mobile phone. It has a few more weaknesses, but basically, as Apple already had a 128GB edition, Google remains at 25%. In my view this was intentional! The machine was released late November 2014. Why would they not have a version that is at least 64GB? My iPad 1 (yes version One) which I bought in 2011 already had 64GB). This is not a mere oversight from a bungling manager, as I see it this is an intentional drive to get people towards Google drive, with data stored in a place where some might have access (the non-user that is). Remember, this is pure speculation on my side! Google could have made a contender and is offering nothing more than a consolation price. Offering it at a very competitive price, but it comes with the foresight that people will be driven to the Google Drive, sooner rather than later!

Please feel free to reject this notion, but ask yourself, in the fight between IOS and Android, why would Google not offer a machine a lot more competitive? This is at the heart of the matter, this is as I see it the crux of it. There is of course a danger that we make ‘relationships’ between fiction and facts in events that are a figment of our imagination, but in the competitive industry that is called ‘mobile devices’ to remain behind to this extent to that degree calls for questions, does it not?

There is one part to add, the Guardian article was originally adapted (by the Guardian) from ‘Data and Goliath’ by Bruce Schneier, Bruce Schneier is a security technologist and CTO of Resilient Systems Inc. He can also be found tweeting his heart out as @schneierblog.

 

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May 11, 2015 · 15:53

Another online danger

It seems that we the consumers are soon in danger of being left out in the offline cold. You might not realise it, you might not even worry, but your money, your payments online are finite!

You see, not only are the events of last week troubling (not the UK election mind you), the consequence of allowing this to move forward unanswered could be a costly one.

With online presence there is the additional danger of non-online absence.

For this I will emphasize it with one example. The game is from Enix and the title is ‘Order of War: Challenge‘, if you had bought it from Steam, then you have a possible issue, because the game has been wiped of your account. Now, this is not a massive issue of today, this is an issue from the sheer point of view called ‘You paid for it!’ and now it is no more and you can never play it again. An important fact is that this issue played in 2013, so you might wonder what gives!

That is an excellent question. I for one would not care too much for Steam, I never did. Yet the issue of yesterday is now quickly progressing towards issues out today and even more important those who are out tomorrow and after that. This goes far beyond the wiping of a ‘Silent Hill Playable Demo’. Some changes are made because the circumstances changes, which is fair enough. That is not the true issue (even though the Silent Hill fans who missed out would be miffed).

The issue is found in the mobile and console games out now and more important those released after tomorrow.

Let me give you an example.

The mobile/Tables environment has a game called ‘Dungeon Keeper’. Many of those who loved that game when it was originally released on the PC went nuts the moment that game reappeared. Yet, in hindsight this new game was a massive failure on many levels. The game had actually destroyed the image the masterful game maker Peter Molyneux had built. The game is now all about delaying events and forcing people to make very expensive purchases online in the form of Gems. As micro transactions go, this game is the one example why micro transactions should be illegal. A nice view is given at https://www.youtube.com/watch?v=GpdoBwezFVA. Yet compared to the pc edition of the second game (at https://www.youtube.com/watch?v=6DJmS7prcmE), the mobile game is horrendous.

Now we have an additional side, I cannot tell when this happened, but several people (including me) have only had access to the game once in the last two weeks, there have been ongoing server connection issues. In light of the issues that have been mentioned in the past there is now a matter for other cause. You see, if there is an issue with a game, if you had purchased enough gems, the issue at hand is not just that you are forced to a server, the fact that the server is no longer there and the player can no longer play gives weight to the question whether there should be legal consequences for those eager to sell a micro transaction relying game. Can something offered as ‘freemium’ but will only work smoothly when purchases be made, should that game be allowed to be non-functional?  Should the makers not offer an offline side to the game? That is at the foundation of what is wrong. The danger of consumers paying for something that can be removed as soon as the exploiters no longer consider the product to be viable and it stops working for various reasons.

What are those reasons?

Well Dungeon Keeper is a first example. The fact that a server is down is one thing, the fact that the server cannot be reached for two weeks is an entirely other matter. Which leads us to the question, should games that only have online server options be allowed? Beyond that, when gameplay is removed, are those who paid for additional gaming experience be entitled to credit vouchers?

This is the loaded question because basically it is payment for a service, which should be regarded as temporary, however, was that clearly communicated to those buying the service? Now we have ourselves a different video game altogether!

You see, this part will be a growing issue as people are dependent on downloads and could storage of games that are not played on a daily basis. There is the added consideration that these providers never did anything wrong as they might have specified that in the terms of service, yet who reads them? This is not a business agreement, or isn’t it?

Let me move on (for now to another example).

Now we have (or better states we used to have) the PlayStation 3. It has the option of PSN and PlayStation Home. PlayStation Home was discontinued, but what about those people who have spent money for years on the locations there? There had always been an implied assumption that there would be PlayStation Home in PS4. Clearly implied is not correct, too many sources stated most options in silence. Then when the PS4 came it was initially incomplete and in 2014 the verdict was final, no PlayStation Home on the PS4. And recently PlayStation Home was also removed from the PlayStation 3. There was no fault here, there was never any clear agreement that PlayStation Home was to be ported to the PS4, but to lose it on PS3 would never be an acceptable option to those who like it.

I thought it was a cool place, it was partially useless, yet it had the option of being a playful marketing tool. Trailers, unlockable extra’s for games and so on, there were even a few decent games in that environment. Because it had channels so that people could chat, it was something that is out there that would forever be an option. Now it seems that Sony is mostly rejecting the social media, or it is partially doing that. PlayStation home is not the only place, the profiles are a second part, but here we are forced online and in an almost ‘anti-social network’ situation.

This is where the wheels come off the wagon, you see there is another side to all this!

This all links to the previous as there is a real danger that someone at some point will deactivate a service, then what? There is currently an uneven, unequal and a dangerous push to force people online. There is now a second part that has massive consequences for gamers on a global scale. I have made references with the TPP (Trans Pacific Partnership) before, and it seems that several other sources are now on the bandwagon regarding the dangers here, gaming is only one aspect (and not even close to the biggest one, but because of the global setting of gamers a lot easier to spot). It is not just the ‘profile’ issue, that is the least of it all, but it is a driving force around it. More important, the cost of being ‘online’ could soon be another matter altogether.

It would be too simple to state that the TPP is just a bad consequence of a group of utterly incompetent politicians, mostly staying presently at 1600 Pennsylvania Avenue, but that would be not entirely correct either. You see, their inadequacies resulted in a group of industrials to change the premise on Digital Rights Management (DRM) on a massive scale. For the most, I have mixed feelings. I believe that it is perfectly legit for a corporation to protect their product from being illegally copied. Now, the internet providers (ISP’s) are all about bandwidth, so as such, they like people who copy movies, they love it even better when people copy Blu-rays, because 100,000,000 people going for 2-3 blu-rays every night is a massive amount of bandwidth. There is to the smaller extent that a DRM is all about setting up who can legally use something and who cannot, but that seems to be the smallest tip of the iceberg.

An article in the Sydney Morning Herald gives us ‘http://www.smh.com.au/federal-politics/politicalnews/trans-pacific-partnership-will-push-medicine-prices-up-review-finds-20150303-13sxty.html‘. This is not entirely correct, but not wrong either. If we take this quote “The leaked treaty text also reveals new American and Japanese proposals designed to enhance the ability of pharmaceutical manufacturers to extend and widen their patents on drugs and medicines“, it is the word ‘extend’ that is the issue. Because some pharmaceuticals are all about prolonging, we see more and more new patent additions to give any drug a longer exclusivity, which means that generic medication will be less and less of an option. There is in addition the quote “Jeffrey Bleich, accused Australian consumers of habitually stealing copyrighted content and of being some of the worst offenders with amongst the highest piracy rates … in the world“, that statement makes Jeffrey Bleich an idiot to some degree (not the worst he’s ever been called), because his peers in the Netherlands, Denmark and Sweden say exactly the same and he should properly investigate these matters before making those statements.

Now, he was not being too bright (or massively misinformed) and a mere voicer for large corporations, which is to some degree his job I reckon, but he could have been a smudge more thoughtful in that regard. You see, the American side has been utterly stupid for a long time. Because it was always American first, then ‘whomever is left’! We have seen that in Movies, Music and games. Although music not as much. It started in the mid 80’s when Greed took over and American corporations were utterly clueless on global corporate actions from day one. I am not just talking about Games, or movies (even though they are the most visible ones). No the utter consumer disrespect shown by Ashton-Tate, IBM, Lotus Development Corporation, Oracle, Novell and Adobe was beyond belief in those days. You would actually look forward to meeting with Macromedia, WordPerfect and Corel to see that humanity in IT was an option. Now many of them changed tunes over time, the movie and games industry stayed behind for a long time, it is only recently that the US is seeing that the money of their blockbusters are coming from outside the US in some cases in excess of 75%. Now we have ourselves a ballgame! Now we see the shift some are making, but in other ways.

You see, there is a reason why some people have an aversion to buying a game at 40%-70% more. In my early days, I had no options, a game advertised in the American magazines at $19.95 would cost me $69, that’s a not so nice 300%, so America changed the environment from the very beginning. Even today, Australian gamers will pay 40%-70% more for a new game. Now, we will see casual mention on how it is all about shipping. Well guess again. PSN (PS4) was offering games on day one in a shop for $89, On Amazon it was $59 and guess what, the download in Australia was priced at $99.

How do these elements link?

There are two parts. First the quote by Julian Assange “The TPP has developed in secret an unaccountable supranational court for multinationals to sue states. This system is a challenge to parliamentary and judicial sovereignty. Similar tribunals have already been shown to chill the adoption of sane environmental protection, public health and public transport policies“. It is actually not that far a stretch, you only need to consider the legal disagreements between Apple and Samsung to see the dangers here.

After which the following claim is made “The leaked text shows that this agreement is more about corporate power than “free trade”. Investor-state dispute settlement is really a form of corporate sovereignty“. That part can be found here (at https://wikileaks.org/tpp-investment/WikiLeaks-TPP-Investment-Chapter/page-1.html).

Basically, in there you can find the issue “where foreign firms can ‘sue’ states and obtain taxpayer compensation for ‘expected future profits’“, this now reverts back to the earlier mention of games, movies and especially music. A false dimension of revenue has been maintained by corporate ‘baboons’, claiming ‘loss of revenue’. Relying on incomplete information from Napster, Kazaa and a few others players in the peer to peer networking solution. They basically went on the premise, one download means one sale lost. I believe that this was never a reality. People might download and listed, but would never have bought the bulk of it in the first case. That same premise of certain lacks is seen when we see the quote “Attorney-General George Brandis has signalled his intention to introduce more stringent copyright laws to crack down on online piracy“. In that regard the attorney general does not seem to strike too high on the academic scale of logic (on any given day for that matter). I posted an article on September 10th 2014 called ‘Changing topics?‘, in there the issue is better shown, you see it is not just about copyright, because that could have been dealt with quite easily. It was about Malcolm Turnbull’s anti-piracy forum. You see, if copyright was truly the issue, which would have been easy. But in that event the words ‘revenue‘ and ‘bandwidth‘ were very much skated around. Telstra was extremely cautious (and eager) to steer clear of that because in the case of Telstra, monitoring bandwidth, people actually stopping copying movies will cost Telstra billions! Now we see the consequence!

You see, America is figuring out that it cannot deal with its own ISP’s and they definitely cannot deal with the others like Telstra, Tele 2, Com Hem, KPN, TDC and a few others. They are doing it stepwise and the TPP will give them some options. Now back to that term that is laughingly referred to as ‘expected future profits‘.

One source states: “Losses to Video Game Makers Due to Piracy: $8.1 Billion“, based on what numbers? ISP’s state they cannot monitor. Then we get “Pirated Software Impact to Businesses: $63 Billion“. Again on what premise and how?

Well the first one gives us: “Video game piracy of hand-held games leads to the loss of about $8.1 Billion a year, as losses due to pirating of Sony PSP and Nintendo DS games between 2004 and 2009 lead to worldwide losses of nearly $42 Billion“. Here we see an interesting side. These are only two consoles. More important, these consoles have again and again limited legitimate access to games released in US and Japan again and again. So is this truly about piracy, or is the decision as seen here “Monster Hunter 3rd is the best-selling PSP game ever in Japan with 4,780,000 copies sold. Its PS3 HD remaster sold an excellent 500,000 copies as well, yet neither version is scheduled for an international release“. By the way, is the maker not guilty of discrimination? Let me be frank, I will not and have never condoned pirated games. I believe in getting a game and playing the original (I rarely buy games, so when I do, I will go for the VIP options that an original game brings). So, is this about piracy, or about segregation?

That part is harder to prove in the business case. The source “Business Software Alliance, “2011 BSA Global Software Piracy Study,” May 2012” is an issue. I cannot be certain how they got to $63 billion, but with so many illegal versions of Office, that number seems a lot more plausible. It is funny that there, US and China are the biggest transgressors representing a little less than one third of the entire lost stack. The UK is set at 1.9 billion and Australia less than a billion, yet how were these numbers achieved, through ‘rough’ estimation perhaps?

Now we get to the monkey’s banana moment “Losses due to Music Piracy: $12.5 Billion“, which is stated “According to the Recording Industry Association of America (RIAA)“, yes, they wanted the number to be as high as possible, because it made bad productions and louse representatives look a little better. In addition, some of these numbers cannot be decently vouched for in any way, shape or form. It boils down to well over 500 million CD’s, in a numbers game that number on a population of 7 billion seems small, but here is the kicker, that same source had the following, which I found illuminating: “In a survey of over 6,000 people in Finland between the ages of 7 to 84, researchers found that on average each person who downloaded pirated content online had about 2,900 pirated music files and 90 pirated movie files. The researchers who conducted the study believes that downloaders have more music files is due to the ease of downloading pirated music. According to the study, downloading movie files require faster internet speeds, more digital storage space, as well as a higher technological ability to playback movies“.

The term ‘each person’ now becomes really interesting, because 90 movies boils down to 360 Gb, and 2900 songs come to an rough (very rough) estimation of 14.5 Gb. A person downloading that much would be visible on the ISP counter. You see, you buy bandwidth monthly and downloading this much, as well as watching online and perhaps stuff they no longer have, you are looking at $80 a month, however, only 6 years ago, I paid $70 for 25Gb. you see how the picture changes? That is centre here. By the way, if you think that 25 Gb is little, consider that I have only hit that maximum once during my entire contract with my ISP and that was because on a Friday my system decided to update Windows 7, Office 2013 and my Adobe Master collection, which was quite the resource drain that evening.

Your online presence is now a danger in more than one way. In the first more and more ‘providers’ are forcing us to save on the cloud, forcing us using bandwidth. Now, I understand the first download, but many systems are now gearing towards less memory and more reliant on cloud drives. Which was my issue with the Microsoft Xbox One even before that system was launched.  Are those not streamed services? More important, my issue there was that once a service is disconnected, would we just lose it all overnight? Consider your movie and TV series collection. What happens when your old versions of Star Trek, Dexter and Game of Thrones are discontinued?

In addition, if online presence is essential for our services to run, how will that be monitored? I only need to refer to the Sony hack, to give you a first fright that certain owned items could be lost by a mere scripted command. Again, a situation the consumer is not ready and not prepared for. Now, in the case of PlayStation Home, there is some understanding that certain services will be lost, could a local copy have solved it? (I am asking, not telling). There are unresolved issues, mainly because the new technologies move so fast and to be quite honest, some considerations are new, we never had to make them before. We the consumer must accept that some parts are lost to us at some point. Yes, I loved HERO on the Atari 2600, but to expect that game to function 30 years later is not that realistic either. In that regard, we have attached to software (especially games) to the same extent we hold onto a book. They are not the same, which is a simple reality.

But the dangers of online remain, or do they? In that regard, the issues I raise are mostly about time. We see the failing of a game and losing out on what we spend within a year totally unacceptable, yet in that same notion, we should find peace in the notion that nothing lasts, it is all a mere matter of time. Yet, there we see a partial solution, we cannot realistically expect the provider to give ‘eternal’ support, but is a local version (no servers) after a while, or before the service is pulled a possible solution? That I have yet to see and it is not that far-fetched, because in the end, with the amounts of products and the change of IP, that part is slowly but certainly becoming an essential step to consider, especially in light for the business model of any software corporation. Consider you the player with your game of Halo, or Gears of War. I reckon that at some point, you will accept that online mode falls away, but how would you feel is the single player option falls away too, especially if you still have the console or PC to run it on?

A gaming dimension that will fall away at some point, but are we ready to let go of those moments? Now consider that your console/PC can no longer link to the service, even though you have the original disc. In the new DRM, it is entirely possible that no online verification means no playing the game. This is the certainty that we face and the TPP will push us there a lot faster than you realise. Should you doubt any of the last part, then consider the site gog.com. It holds some of the most brilliant games ever created (sold at very low prices), people still revere these games and many of them (especially the original dungeon keeper) will find a place in the heart of gamers. Moreover, several of these would make fine console games when adapted (higher graphics in most cases). I believe that the MSDOS Dungeon Keeper could be a hit 3DS game (like many other games on that site), even today.

Gaming is not about the latest game (decent graphics and sound aside) it is about joy and the games on that site are most pure joy to play.

Now you might all think that this is about games and many of you readers do not care about games, but now consider that same step when you look at your Office 365 account and the fact that you are pushed away from a version that works perfect for you (like the nightmare Office 2007 users faced in the past). There is an abundance of programs that offer a similar scary outlook.

Now translate this to collections you do care about. Your music, your TV shows, perhaps even your digital books. Do not take the word of those stating that it will not happen, because it will, it has happened in the past, it is happening now and it will happen in the future. The DVD and book on your shelf are a touchable item, that part is (if you treat them properly) secure, something online can be lost by merely removing a server or damaging its data. If someone states that this can never happen, then look at Sony, they experienced that event first hand.

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April 5, 2015 · 20:29

The Labour Manifesto

Ed Miliband presented his Manifesto Res Rei. In light of what we here in Australia laughingly refer to as ‘the Labour party’, it seemed like a good idea to take a closer look at the speech. The full speech can be seen here http://labourlist.org/2015/03/miliband-launches-labours-business-manifesto-full-speech-text/.

So let’s take a dip into the claims pool.

‘Playing by the rules and paying the taxes that support our public services’, Really Mr. Miliband? So how will you solve the issues involving Apple, Google, Amazon et al? What measures are currently in play, what measures did Labour in its previous governing term put into play. I say naught!

The second part is found soon thereafter ‘With a government that balances the books, invests in infrastructure and works with you to improve skills and open up more competitive markets‘. The Tories are trying to get the books balanced, which means austerity. Labour had a massive hand in giving the UK that debt, so we can offer that Labour has no ability to balance books and the investment that they talk about will drive the UK into deeper debt.

Then the story changes a little and Ed Miliband goes into waffle mode. We see ‘despite the odds‘, ‘too many obstacles‘, ‘the lack of certainty about the long term‘ and my favourite: ‘Our productivity gap is at its highest level for nearly a quarter of a century‘. That last one is full of fun, because what is it based on? Weighted numbers, a lack of insight or the added anchor of virtual corporations?

Now he gets to the promise: “So we’ll balance the books and cut the deficit every year“, yes, how will you do that by investing and balancing the books at the same time? The current debt spring is loaded, because the UK has to come up 23 billion every year to pay the interest of the current deficit, so good luck with that statement, you do remember that your predecessor was cause to a massive slide in debt Mr. Miliband?

‘The struggle to find the workforce they need‘, which sounds nice in theory, but many corporations hire young unexperienced people to get away with what some want to slide under that table, when we see the issue where Ross Etherson, who admitted 21 counts of making or supplying articles for use in fraud, cost the NHS more than £37,000, Isleworth Crown Court heard, we clearly see that there are other issues at play, when we take the info from the BBC at http://www.bbc.com/news/10604117, we see that unemployment has steadily dropped under the Tory government. Now, I will in all fairness state that labour was confronted with the 2008 problems, but that mess was not properly dealt with under labour either. The mess left from their debacle 1997-2010 is still getting cleaned up half a decade later.

Now we get to the fishy side of it all: ‘It is a partnership for a purpose. We will give you control of the money for apprenticeships and in exchange we will say that any firm that gets a major government contract will have to provide apprenticeships to the next generation‘. How is this even realistic? Giving control of the money means that all kinds of accounting irregularities are likely to surface, then what? And in regards to ‘major government contract‘ and ‘provide apprenticeships to the next generation‘, how is that not discrimination towards the current aging workforce? In addition, we see that there are situations where apprenticeships are not a solution in the first place, which is just the reality. Consider a new frigate that is getting build with 500 engineers and 10 apprentices on the job, how many delays and what security breaches could the new frigate face? So not apply this rule to all fields? That is just a mess waiting to explode in the faces of those proclaiming it to be a solution.

Then we get (after another wave of waffling by Ed Miliband) ‘the priority for business tax cuts‘, yes, that has always been a good idea, especially as Google and Apple seem to pay 0.1% in taxation. How about infrastructure? Ah, that is next, where we see: ‘That’s why we’ll follow the recommendation of Sir John Armitt and set up a new independent National Infrastructure Commission‘, yes, spending more money on something that will not prove to be a solution, whilst the UK is down a trillion, so at this point, after we saw tax cut and infrastructure and invest, let us remember the earlier promise “So we’ll balance the books and cut the deficit every year“, which I see as:

  1. No balancing the books
  2. Increasing, not decreasing the deficit.

Now we get to the ideological part, which Ed Miliband is of course entitled to: “There could be nothing worse for our country or for our great exporting businesses than playing political games with our membership of the EU“. that is partially true, yet as the EU is unable to muzzle Greece with their flim flam rock band approach of not dealing with their debt and whilst several players are now willing to push Greece into deeper debt, both the UK and Germany need to realise that Greece is getting their credit for nothing and their luxuries at the expense of the other EU nations. How long until it is just safer to let the rest of the EU drown in their inactions against Greece? Which by the way has every likelihood of pushing both Italy and France over their maximum debt threshold, which has massive implications for any member remaining within the EU, all because no one was willing or able to stop Greece?

Now we get back to part of the speech that is an issue ‘Two years of uncertainty in which businesses will not be able to plan for the future‘, how about the fact that most of Europe in a denied recession, due to massive debt dealing is not the way to get any level of certainty? In the Netherlands, unemployment is at 7.2%, In Belgium it is 8.5% and in France it is at 10.4%, so when we look at what business options there are in Europe, we will see a cold turkey that comes home to voluntarily roost in the oven at 190 degrees, because the crispy warmth is loads better than the cold outside, even if the turkey is about to get eaten in the process.

If there is ONE business plan, that that would be the one, where the UK gets by for now, trying to grow, but most importantly is reducing the debt it has, so it does not have to fork out +20 billion in interest to banks for money the Labour party had spent.

So as he goes on reminding us on ‘We need to be a country that rescues our NHS with more doctors and nurses‘, yes, we all remember the NHS 12 billion computer scheme, that did not go too well for all parties involved, perhaps listening to others would have helped the Labour party heaps, but that was in those days never an option, so why trust them now? so the phrase ‘Not what we have seen over the last five years where the NHS slides into crisis‘ is a little misplaced as it was Labour who did messed up 12 billion, an amount that could have kept loads of nurses into jobs and grown the NHS. It was not meant to be!

So when we see the following quote: ‘To carry on with a Conservative plan based on the idea that as long as the richest and most powerful succeed, everyone else will be OK, or a Labour plan, a better plan, that says it is only when working people succeed that Britain succeeds‘

We ought to consider another option. To cut drastically on medical services for those on drug and alcohol based events. These people only get treatment if they can pay in advance for treatment.

Let’s take on the binge drinking issue heads on!

Those who fail the first two parts are thrown into a drunk tank like in the old days. If they die, well that is just too bad, we can blame the parents, we can rejoice on a growing number of available housing (the deceased do not need them) and the nations has even more jobs available and the cost of the NHS goes down.

Now, it will be fair if you disagree with me on this and I admit that this step is hugely inhumane, but consider: these people cost the society 21 billion on an annual base, which includes the 3.5 billion to the NHS. To protect the victims of their crime and violence, they will be remanded into prisons/work houses. So, you see, production will be better off if we change that workforce too!

Yes, I agree it is inhumane, but why must the people at large suffer for those who think that the rules do not apply to them? I have no issue with these people receiving treatment, however, if you are so willing to binge yourself for £39-£69, you can either fork out the £78 for treatment, or sleep it of in a drunk tank, either way, we reduce spending on NHS, which helps towards the actual spending balance Labour is actively ignoring.

So as I ended the look at the Speech of Ed Miliband, I must conclude that it reads political and in addition, decently devoid of realism. Which is a shame, because UK Business is in dire need of realism, which means the solution will come from somewhere else.

Which now gets us to part two of this event. It seems that Nicola Sturgeon is all about getting Labour into No10. It sounds nice, but how is the Scottish National Party any help there? Now, it is fair that they feel a lot more comfortable with their future if Labour is in charge. It is a valid call to make and it is theirs to make it to begin with. Yet, we must not forget the issues that Scotland is already short 11% on their budgets and with oil prices the way they are, their independent future is a lot less certain. This is a shame and I mean that. I was all in favour of Scotland attracting all kinds of Businesses from all over the Commonwealth to grow their economic footprint. I am still reasonably certain that Indian generic medication could grow all over Europe if they have a foothold in Scotland, which allows easy access to places all over Europe. With Oil being a problem and not a solution, other fields must be tackled to grow Scottish interest and the Labour party is nowhere near able to help Scotland there. If we revisit the issue of balancing the books, it will take less than 6 months for Ed Miliband to find way to move business out of Scotland, just to make his side look better, I wonder if Nicola Sturgeon is realising the trap she is setting herself up for.

So if we look at the Guardian article, which is less than 24 hours old, we see ‘Scotland’s SNP revolution terrifies the main parties’ (at http://www.theguardian.com/commentisfree/2015/apr/05/scotland-snp-revolution-terrifies-main-parties), which is an interesting light to see after the Labour-SNP link. There is one debatable quote that caught my eyes was: “Underpinning these analyses is a barely concealed narrative of contempt, which says they will all come to their senses when they realise there will be no land of milk and honey in a Scotland under the absolute control of the SNP“, this is fair enough, but I do not think that this is due to the SNP, I firmly believe that independence too late saved Scotland, if Scotland had been independent whilst the oil prices went into the basement, the damage would have been unimaginable. I remain in faith that growing business in England and Scotland is the only solution, it will be important for both (mostly Scotland) to look at fields they had not considered before. The Indian generic medicine growth is only one branch. The open remoteness (hence securable locations) Scotland has to offer, could spell interesting times for any manufacturing option that does not require the pressure of London, with added benefit of the lower costs that Scotland brings. Consider the Ferry from Scotland to the Netherlands, opening additional paths of revenue. Scotland can grow options, it is just the question whether the Labour party is truly a solution here.

So as we all get to ponder the choices the voters face for England and Scotland, I do hope that they will all look seriously at these flimsy speeches that rattle on all sides. This applies to all parties, not just Labour!

 

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April 4, 2015 · 12:41

A traitor as an ally

This was the first thought I had when I saw the news on the Iranian nuclear deal as it is being ‘stamped’ out. First let us take a look at some of the information, so that you all can see how I got to the conclusions I got to. The first one is the Guardian (at http://www.theguardian.com/world/2015/apr/02/iran-nuclear-deal-negotiators-announce-framework-agreement).

So let’s take a look at the miscommunicated truths we can clearly see. The first one is “In a joint statement, the European Union’s foreign policy chief, Federica Mogherini, and the Iranian foreign minister, Mohammad Javad Zarif, hailed what they called a “decisive step” after more than a decade of work“. There has not been a decade of work, the ‘work’ has been no more than 20 months. Before that, Mahmoud Ahmadinejad was in office, the man was such a sociopath, that he makes the average British skinhead sound like a docile conservative. So, this is not a plan of a decade, this is, as I see it a situation that has been a bad idea for well over a decade. Now we get to the Kerry sound bite: “The test is whether or not it will leave the world safer or more secure than it would be without this agreement. And there can be no question that the comprehensive plan that we are moving toward will more than pass that test” You see, as I see it, it will not leave the world safer and it currently puts Israel in clear and present danger, in addition, the danger to Europe will be illustrated as well.

The quote from the New York Times is “The president promised to increase security consultations and cooperation with Israel to “remain vigilant in countering Iran’s threats”“, when? You see, the issue is not just Iran, it is the Iranian military, who have been openly supporting Hamas. The news (at http://www.haaretz.com/news/diplomacy-defense/.premium-1.646624), shows us the title ‘Hamas and Tehran boost ties as Meshal meets Iran’s Larijani in Doha‘, this is not a secret, the quote “Meanwhile, Hezbollah leader Hassan Nasrallah said in an interview two months ago that Hamas sought to re-join the Iranian-Syrian axis” could be discusses in how good those relations are, but in this there is one non mentioned fact. The fact that these officials are talking is also a clear path that military officials will have been able to meet with them too. It only takes one ‘misplaced’ shipment for many houses to come crashing down. You see, some will state on how weird it is that only Israel is reporting on this, my issue is that the meeting between these parties was open, there were photos taken on March 10th through March 12th, which implies (no evidence), that they had all the options to meet with some of the ‘assisting’ military too. Is that such a far-fetched assumption? That news was shown by RT, IB Times and a few others, including American, yet the American sources all stopped around July 2014. It seems that freedom of information comes at a price there too. Now, there are plenty Israeli sources, all with photographs. It includes Debka (http://www.debka.com/), who had additional news recently regarding arms deals, but in light that one localised source is always debatable, I am willing to remain cautious on this. Let’s not forget that Israel also has a political path to walk, to state America has one and Israel does not have one is just ludicrous.

As for the current situation, I have no doubt that Hassan Rouhani is a decent person, who has the best intent for Iran in mind. Yet, in this situation, we must not forget that Iran has a ‘democratic’ election system, which means that in no more than 5 years a new president shall be elected. There is no guarantee that the next elected person will be a former diplomat and a moderate. If the next elected president is an extremist like Mahmoud Ahmadinejad, than the future of Israel will move from debatable to non-existent in soon thereafter. Is it not interesting how a proclaimed axis of evil is suddenly an optional choice for between the sheets? Is that what American bankruptcy is getting us?

Now consider the Guardian quote: “Iran will cut its nuclear infrastructure to the point that western governments are satisfied it would take a year to ‘breakout’ and build a bomb, if Tehran chose to follow that path“, so this American administration is willing to be on a one year deadline, whilst they know that whatever hits next will be on the plate of the next administration? How is that anything less than treason? Are you the reader not aware that Iran got more done while it is a clear threat, whilst thawing between Cuba and America took decades, which in light of other events calls for additional questions!

So now we get to the good stuff, because I made a claim and it is important that I show reasoning, if not, it is just noise. You see, the danger from Iran goes a lot further then just Israel. Until recently, my mention would have been ‘If Hamas’, but now, as things escalate, we get ‘When Hamas successfully detonates a dirty bomb’, we get a different picture. What do you think will happen? If the wind is towards the west, which it most likely would be, we get a radioactive cloud that will hit all over the Mediterranean. Now we get a direct danger to the fishing industry for Greece and to a smaller Italy too. Greek tourism will be non-existent for decades to follow, the ‘glow in the dark scare’ will do that to tourism, which might be nice for Portugal. Turkey will also see the fall out here, but not as much as Cyprus and Crete. Once the current spread the radioactive love, there might be larger implications. Then we will suddenly see all kinds of phrased denials, but then it will be too late for Israel and America will get its low cost oil for decades. They only had to be willing to sell their ally Israel down the river.

So is my view too extreme? Not if we believe the New York Times (at http://www.nytimes.com/2015/03/30/world/middleeast/arab-leaders-agree-on-joint-military-force.html). The first paragraph is already a clear notion “The Arab states said on Sunday that they had agreed to form a combined military force to counter both Iranian influence and Islamist extremism“, in addition to this we see “While the Houthis have received financial support from Tehran, the Iranians do not seem to exert a strong influence over the group as they do, for example, with Hezbollah in Lebanon“. It is in part all about the financial support, the Arab league needs to counter extremism, that is getting support from Iran, and now, in the same breath America is seizing the pressure that could have made a real difference. I reckon we all have the same question, ‘what gives?’ which is a statement that is not asked my many in press positions. Is that not odd?

Yet, these thoughts alone are not enough and the facts are not all in my favour. You see, many (including me) would see the previous president Hojatoleslam Mohammad Khatami as a moderate too, but the danger that another Mahmoud Ahmadinejad gets elected is too great to suddenly ease on any nuclear deal. Instead of the Cuban approach that is all about reducing tension, we see an unacceptable willingness to just cast it all aside, hoping that Iran keeps a decent form about it all and as such, Israel is placed in immediate harm. That, in my view is not an acceptable act from a true ally. The linked truth to this is that the pressure also includes to the other Arab nations, so what game is America playing, what does it have to gain and why, as such is it willing to risk its ally Israel? No one has a clear answer here!

Another linked statement from the Guardian is “The smiles in Lausanne are detached from wretched reality in which Iran refuses to make any concessions on the nuclear issue and continues to threaten Israel and all other countries in the Middle East“, the person speaking this was Yuval Steinitz, as both Minister of Strategic Affairs and Minister of Intelligence. I wonder what former Mossad director Nahum Admoni would think of all this? He was at the helm when Israel had its ‘lunch’ displayed all over the British press through Mordechai Vanunu. There is however another side to this, one quote from Yuval was “Israel cannot place its security in the hands of international forces instead of relying on the presence of IDF soldiers“. I partially have an issue there too, even though I very much understand the position Mr Steinitz has, the European community at large has felt diplomatically negative about that statement, diplomatically speaking it was the wrong thing to say, tactically speaking, it is an understandable quote, as in the last few decades parties all over all Israel’s neighbourly borders have been single minded regarding the annihilation of Israel.

These are all clear facts, we know that Iran, might be on an improved path, but there is no guarantee passed 2020, so why so eager to give them nuclear freedom? That is a plain reality, the information stated “There is a very rigorous transparency and inspection regime with access for international inspectors on a daily basis, high-tech surveillance of all the facilities, TV cameras, electronic seals on equipment, so we know remotely if any equipment has been moved” sounds nice in theory, but remotely, errors, failings and other issues would not be unheard of, in that ‘confusion’ many acts and miscommunications could and with some degree of certainty WILL happen, then what?  What options would be left to Israel? As stated, my issue is less with Iran and more with the willing extreme military officers that have been and are still supporting Hamas and as I see it, any other linked party willing to go against Israel. That path will become a lot clearer as the Arab axis becomes more visible against Iran, let’s not forget that Egypt is next to Israel so a dirty bomb would most definite have the consequence of a panic attack on Egypt too.

Even in America there are sides that to some extent agree with my views. The guardian had this quote “Republican senator Mark Kirk compared the agreement to Neville Chamberlain’s appeasement of Adolf Hitler” (at http://www.theguardian.com/us-news/2015/apr/03/obama-republicans-iran-nuclear-deal). Now if you think that Mark Kirk is so out of centre, then think again. He is Senator of Illinois, a state, where the Daley family stands strong, two of them former Mayors of Chicago for almost half a century, in addition to several other high placed governmental officials, so we can state with certainty that the Daley family does not suffer fools on any side of the political isle; In that environment Mark Kirk survives, so he is no loon! Another quote is “Tehran would have to remove the core from its heavy water reactor in Arak, making it inoperable. It would have to dilute or export at least eight tons of low-enriched uranium, leaving it with only 300 kg“. Here is my issue, at least 8 tons, means that numbers this inaccurate allows for a few hundred kilo’s to be shipped or stored in non-visible places, one of the fears that Israel validly has. In addition, Iran has played fast and loose with lives in the past. What happens when someone figures out to shift the core from steady state to mobile? Yes, the core can be removed, but the supporting system, the steam system and the cooling system will still be there. So what happens when someone MacGyver’s a removable mobile solution? Is that so far-fetched? It took me 10 minutes to come up with that idea, so is Israel that far out of bounds? When we look at the info from http://www.world-nuclear.org/info/Nuclear-Fuel-Cycle/Conversion-Enrichment-and-Fabrication/Uranium-Enrichment/, where we see “the centrifuge process uses UF6 gas as its feed and makes use of the slight difference in mass between U-235 and U-238. The gas is fed into a series of vacuum tubes, each containing a rotor 3 to 5 metres tall and 20 cm diameter. When the rotors are spun rapidly, at 50,000 to 70,000 rpm, the heavier molecules with U-238 increase in concentration towards the cylinder’s outer edge. There is a corresponding increase in concentration of U-235 molecules near the centre. The counter current flow set up by a thermal gradient enables enriched product to be drawn off axially, heavier molecules at one end and lighter ones at the other“. A tank engine is mobile and has the power to get the power shifted, it just needs to get shifted into a carbon coated caboose. Of course it is in reality not a simple 44 minute episode of MacGyver solution, but the overall view of static equipment is relied on too eagerly. My issue remains not with what is now, but what comes next in Iran and it seems to me that Israel is keeping that in mind, but why Is America and why are the European partners at large ignoring that?

So here we get the title, as Israel sees it, the nuclear changes pushed through, with so much ‘enthusiasm’ are more than dangerous and I reckon, when it goes pear shaped, in hindsight, when the event does actually happen, Europe at large will turn away from America for ever allowing such a dangerous event escalate to begin with. Then what will happen? Well, I can speculate on that (remember, pure speculation), whatever Global corporations that would like to remain in business will leave the United States, Google and Apple will announce themselves to be global and move to other shores. So Apple represented by 187 billion will move away, because the bulk of that is not coming from America, in addition Google’s 66 billion comes from all over the world. So a quarter of a trillion dollars will move away, whatever ‘deal’ America thinks it have will become obsolete and whatever economy it has will collapse overnight. I have not even considered another half a trillion that IBM, SAS and Microsoft represent. In a world of over 7 billion, 325 million do not add up to that much in the view of revenue eager corporations. When Europe sees the consequence of any fallout (pun intended) from this deal, how will they react? Nicely? 500 million that makes up the EEC and the Commonwealth that makes up for 2.3 billion, how incompetent, are the politicians pushing for this deal end up willing to be seen as?

Part of me, in all honesty would hope for the Iranian deal to work. All indication of Hassan Rouhani are positive. It is the person after this that is the problem. I am all for a better deal less restriction with Iran, as long as they are non-nuclear for the upcoming decades. That would already be progress. So as I see it, the administration on the way out, an administration that could go into history as one of the worst in recorded American history is playing a dangerous game, a game they will leave to others to pay for.

How is this the responsible act from any ally?

 

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