Tag Archives: DRM

Lessening the consumer?

After yesterday’s Ignoranus Totalicus it seemed to take another look at this level of ‘brilliance’ (read: active attempt to use sarcasm). And it did not take much time to find it. You see, whenever greed is at the foundations of things, less bright decisions will be made. And that issue was already the case at several places in that industry. Now, it is off course important to make distinction here. The makers do not seem to have this need, other than the righteous desire for the funds of their product. Yet, there is more than one side to the issue at play (isn’t there always?) One of the issues is facilitation. Here we see, as I see it, the consumer betrayal Sony is now starting to give us, which is only now starting to take shape. I initially wrote about this in ‘Pricing a Sony game!‘ in November 2013 (at https://lawlordtobe.com/2013/11/20/pricing-a-sony-game/) this issue was raised, but in another shape. You see Don Mattrick made this speech on how the Xbox One would be mandatory. It drove the public on mass away from that system into the hands of the PlayStation 4. Now we see that Sony is slowly breaking that promise. In the first case (Fallout 4) there was a possible issue as Microsoft has never made the online ‘need’ a secret, which is why people have been flocking towards Sony so strong. Now we see quite a different scene and it is soon to get worse. For me it is the issue of a different matter, it is the part that now stops me from playing fallout 4. You see, a small accident broke my router, so when I initially started the game, whilst in the end of Automatron it told me that the DLC could not be found. Only after I got back online would the game load correctly with DLC and all. Now we get the second part, the fantastic achievement Ratchet & Clank, which came with a weapon called the bouncer (DLC code) was suddenly gone when playing offline. When I got back online, it was still gone and I had to purchase it again and got it at level 1 (purchasing it offline was not an option.

I personally do not believe it is a bug, or an oversight. It is merely another way to ‘force’ people to work online. You see, I have had a few issues with article 7 of the Sony service agreement in those days. The fact that games could no longer be pre-owned, which was my only issue. Even as I personally believe that people should be able to exchange their old games with other ones (just like books, records and movies). I do not have that sentiment when we look at DLC’s. They are separate additions to the game and as such often sold for a mere few dollars. So as the game goes, so do the DLC’s. I have no issues with that. Yet, the need to be online so that the DLC works is another matter. That has never been a requirement in previous systems. I see this move a mere attempt to keep a flair of innocence whilst now Sony and Microsoft are using other ways to force people to be online. They were already, in a feigned way, trying to keep people online by denying gamers their achievements, now the DLC’s seem to be become part of the additional pressure to keep people online. Online data is to be regarded as the profiling data mine of the future, and both Microsoft and Sony want their share of that coffer. So far the only two are Bethesda with their new DLC’s on Sony PS4. On the Xbox One Bethesda had already changed their way as it would not proceed the game without online logging in from the moment Windows 10 became part of the Xbox One, now this need has been added to the PS4. In addition, Ratchet and Clank has added them to the downloaded weapon (I have only one). It seems that the online push is going through. The rights of gamers now starting to be diminished, forced online against their choice (those who prefer to play offline), this issue had been in play for a while and the press had been very interested in ignoring this issue in the past, especially as the changes given came two weeks before the release of the PS4, like any decent prostitute, the press at large would hold off as much as possible for the need of advertisement and circulation. I wonder how the press feels after 3 years, now that it is less about advertisement?

It is hard to state how I feel about this. I am online often enough, but when you cannot continue a game because of a broken router and two weeks away from a pay check tends to make most gamers a little irritated. That is the part most of us know. The other group of gamers, the ones Americans (and Japanese) tend to ignore are the rural gamers, those with less online options, no great connections and those relying on wireless broadband, depending on 5 pounds per gigabyte, those gamers are soon to be left in the cold. Short-sightedness of a small group of people who look at the 90% of their flock and casually forget about the potential 3 million people forced to higher expenses. This is not a local group, there are several groups all over the Commonwealth, all requiring some connectivity to keep on gaming.

A nasty dilemma for those faced with it, a minor inconvenience for those greedy for data revenue. It is irritating how easy those deciding voices seem to ignore the need of the few. Sony has now illustrated itself to be no longer about being ‘for the players’, they are now the players who will exploit at the expense of the gamers, a simple path that was delayed for a mere three years. Now, it is back on track. Yet the interesting part is not just the choice Sony made, it is equally interesting that Japan today reported (at http://www.japantoday.com/category/politics/view/clinton-pivots-from-obamas-asia-policy-with-tpp-opposition). Here we see thee quote “The TPP has been the main economic plank of President Barack Obama’s seven-year effort to intensify engagement with a fast-growing region and counter China’s rising clout with nations that count it as their principal trading partner“, which seems to prove that being the lame quack quack in the White House comes at a price, one that could now cost him a 7 year plan as it falls away completely. The fact that both sides of the American Isle regard the TPP as a disaster can’t be a good thing, apart from the fact that people all over the world had issues with it. There is more to the TPP, partially it does affect the digital world as well. The digital world (read: gaming as a mere fraction here), would be under massive duress due to the TPP, that is still an issue, but it seems to me that it now realises that the bulk of gaming might no longer be coming from the US. The shift of indie gamers is growing strong and even though this is extremely likely not the cause of action by Hillary Clinton (read: most likely financial and pharmaceutical industries), we might see a flitter of hope for gamers as they could profit from the events playing at present and as such, it is not entirely impossible that Microsoft and Sony will have to do a 180 on their current path of forced connectivity.

The last part is a mere speculation on my side, but not a farfetched one. I reckon that the DRM part of the TPP gave path to the ideas Microsoft had initially. The parts we hear now is not a given, one article is not a guarantee for any about face. Yet, the fact that both sides in the US were never happy with the TPP is an initial good sign. If we consider the DRM, than there are sides. Yes, I agree with the quote “deprive the public domain of decades of creative works“, yet in that same part I personally feel that when Bethesda makes digital content, it has every right to sell this material. I would never oppose this, yet if this requires mandatory online presence than the systems are either massively flawed (which is not likely the issue), or just a new path for Sony to walk and Microsoft will be walking the same path.

In the end, consider what you want, take the path you want, just consider that corporations will find a way to the profit they consider they are entitled to, games are just one medium. Which is exactly what seems to be happening in the world of Facebook at present. You see, Facebook doesn’t need to rely on connectivity, when you are on Facebook, you are online. Facebook shows us the next iteration of limited special deals, or perhaps we need to call it ‘intentional discrimination’.

You see, when we see certain special offers and we get the text: “Couldn’t Complete Purchase: We didn’t receive all the information we needed from this app to complete your purchase. You haven’t been charged for this purchase, so please try again. If you keep seeing this error, contact the app developer”, we are given the impression that it was a mere error. Yet, the truth is a lot harsher than you imagine. You see, when the ‘normal’ purchase works without issues, it is no longer about a mere error. The special deal is about collecting information. A special deal that gives you a trinket for the mere option of collecting identity and credit card details. The issue is that the special deal does not give clear indication of this, it does not state “in exchange for your credit card details we will give you an extra trinket”, so why does the offer not show this? Perhaps I am just assuming that and it shows that my assumption is wrong. That would be fair enough, we are all wrong at times, which is why I await initial feedback from Facebook and when that response comes, I will update this story.

 

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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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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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No Press, No Facebook!

So, another day in the life of you, the reader, me the blogger and us, the victims of big business in a way that neither of us expected.

Why are we in a stage of No Press? Well, I cannot confirm this for the UK, Canada or Europe at large, yet in Australia it started last year, the second week of November.

Most did not ever bother to look at this, but one I found (at http://www.cinemablend.com/games/PS4-Doesn-t-Block-Used-Games-Game-Rentals-60480.html) wrote the following: “A new last minute reputation management troll-rumor has surfaced online in an attempt to curb Sony’s momentum leading up to their big launch later this week“.

This is a hilarious ‘sucking-up-to-Sony’ response! So what actually happened?

In the two weeks before the launch of the PS4, Sony decided to change the terms of service (at https://www.playstation.com/en-gb/legal/software-usage-terms). I gave the information to Channel 7, Channel 9, Channel 10 and the Sydney Morning Herald.

NONE!
I say again NONE of them did anything about it. There was a flaccid message (to follow shortly).

So what is so important?

Sony wanted to start putting in place several issues to enforce DRM and to end certain practices. As the PS4 had not launched yet, they could not be too vocal about it, which meant that those claiming to be journalists had a duty to look into it, especially as these changes affected well over 80 million consumers globally. So either journalists only care about the boobs of Rihanna and on how people prefer fake boobs (of course, the possible silicone in a chest is always more newsworthy then the silicon chip that holds an economy).

So what is the exact issue?

Two points from the terms of agreement

  1. 3. You must not lease, rent, sublicense, publish, modify, adapt, or translate any portion of the Software.
  2. 1. You must not resell either Disc-based Software or Software Downloads, unless expressly authorised by us and, if the publisher is another company, additionally by the publisher.

I will admit that 6.3 is badly phrased (a big no-no in any term of service agreement), but in this form it specifically targets one area of usage, which where at blockbusters one could rent a game for a week. An interesting try before you buy approach (not debating the validity or invalidity of this).

It is 7.1 that is the big issue, by agreeing to this (if you do not you lose your PSN account and online abilities) you confirm that you will not resell your games or buy second hand games. This was the big killer for Microsoft in the beginning in addition to the fact that this issue hits 80 million consumers. How is this not in EVERY newspaper? Perhaps their bosses where in the act of ‘hustle for advertisement coin’ (whoring seems like such a harsh word here).

When we look at Eurogamer (at http://www.eurogamer.net/articles/2013-11-12-sony-reiterates-you-can-sell-and-share-your-ps4-games), we see the following: “Sony Worldwide Studios boss Shuhei Yoshida added on Twitter: ‘If you are concerned about our new European TOS, we confirm that you are able to sell or share your disc PS4 products, including in EU.’” This is the flaccid response I referred to. If this is the case, then WHY make it part of the terms of agreement? Because Sony lawyers are perhaps cheap? (They really are not!)

We do not doubt the words of the Sony CEO, yet his word can be changed in a simple board meeting, the terms of service is a legally binding document between the consumer and the corporation offering the device and the service. Why am I the one person explaining this ‘oversight’ to the press?

This is a massive issue! The impact on the software industry would be felt in several countries. The fact is that many shops are in business only because they make a few extra dollars of second hand games. If not, new games would have to rise in price. Also, there is, especially in these economic times a large group depending on cheaper game solutions. A pre-owned game, which is at times at least 50% cheaper than the new alternative is one way for some to play a few games. The simple truth is that many cannot afford a $120 game, more often; their parents also are not in possession of such spending sprees, which makes the pre-owned game market an essential part to cater for a sizeable chunk of these consumers.

The second issue is the one that we see evolving now.

I was confronted with this almost two weeks ago, but something about the list of changes seemed so horrifying that I decided not to upgrade. This is still evolving and there are genuine concerns. Yet, what is the actual truth?

If we look at the Bull (at http://thebull.cbslocal.com/2014/08/07/facebook-crosses-the-line-with-new-facebook-messenger-app/) we see the following:

  • Facebook can change or alter your connection to the Internet or cell service without telling you.
  • Facebook can send text messages to your contacts on your behalf.
  • Facebook can record audio, and take pictures and videos, at any time
  • Facebook can read your phone’s call log, including info about incoming and outgoing calls
  • Facebook can read your contact data, including who you call and email and how often
  • Facebook can read personal profile information stored on your device
  • Facebook can get a list of accounts known by the phone, or other apps you use, it can connect all your accounts and Intel together.

It is in part the worry I had when I was looking through the rights I had to agree to when installing the Facebook Messenger app, which I decided against. If I lose my messenger history, so be it!

If we consider the Sydney Morning Herald (at http://www.smh.com.au/digital-life/smartphone-apps/facebook-is-forcing-messenger-app-on-users-and-they-arent-happy-about-it-20140729-zycfb.html), we see the following quote “CEO Mark Zuckerberg revealed during last week’s earnings call that the company eventually wants to monetise Messenger and the app will eventually ‘overlap’ with payments, though, as TechCrunch notes, he acknowledged the company still has a lot of work to do before users will see payments cropping up in the app“. It is fair enough that people will get to pay at some point. At that point people can return to the old Yahoo Messenger, which has forever been free!

My issue here is that there is a lot more visibility here, yet why this is not the lead with every news channel as this affects BILLIONS of people is also a little beyond me.

There is of course the other side. Is what ‘the Bull’ stated true? I am not stating that they were lying, but the android permissions are at times a little out there. This view is actually reinforced by CNBC (at http://www.cnbc.com/id/101911170).

The confusion seems to have stemmed from Android. “The app when you install it, it explains in a list what it needs permission to do, and this is the list that frightened a lot people initially,’ Simons said. ‘That doesn’t mean it sort of willy nilly goes about contacting friends or recording you as you go about your day using your phone camera,’ he added.

I cannot disagree with this view, yet the truth is that just like with Sony, we agreed on something, we made a binding pact and that what is and that what could be are now intertwined and as such it is not about handholding, it is about clarity! When Big Business forces you the consumer, they will be precise (example: ‘we hereby charge you $11,732.34 to be deposited within the next 10 days‘). Yet when they would like something from you, they hide in ambiguity (example: ‘we can change all your savings into a fortune, deposit all today and the larger returns could be yours quite soon’). So, how large a deposit, how much larger, how soon? These answers would not be forthcoming until AFTER the deposit I reckon.

So where do we stand?

When we consider the issues that have plagued the tech savvy population, like the TPP, Sony, even government spending seems to be missing on the glasses of those ‘considering’ themselves to be Journalists. Another bash of that seems to have missed the larger view in news (at http://www.usatoday.com/story/news/politics/2014/08/05/federal-spending-transparency-money-missing/13485581/).

The first quote is “the data that does exist is wildly inaccurate, according to the Government Accountability Office, which looked at 2012 spending data. Only 2% to 7% of spending data on USASpending.gov is ‘fully consistent with agencies records,’ according to the report“, which makes me wonder who is keeping track of the deficit and how much larger could it be?

The second one is “The Department of Health and Human Services failed to report nearly $544 billion, mostly in direct assistance programs like Medicare. The department admitted that it should have reported aggregate numbers of spending on those programs“, which reads like, if we aggregate numbers, you are less likely to find anything and we can hide it under a total header. Failing to report on half a trillion is a big thing, it is well over $1000 for every resident in America.

So, does that mean that the deficit of the US is a lot larger? That would indeed be news as it would put the US in a peculiar financial position, or better a position they no longer hold. I am not stating that I am right or that I am wrong (both are an option). It seems that the papers and newscasts we get bombarded with every day seem to become more and more selective on what they consider important. One article affecting 80 million (the combined population of Australia and the UK) as well as the new issue which hits over a billion people does not seems to be important. The last news of last week is one that does bear scrutiny, yet to get something from USA Today and not the Guardian or any of the Australian news bringers does pose questions.

The Facebook issue will hit us for some time and it might result in something different. The issue linked to this is whether Android has a registration system that bears scrutiny. Android has its own faults (also not too overly reported on by journalists) and just pointing the finger at Facebook is also not entirely the right thing to do.

There is also the difference on what some will do and what some could do. It is the ambiguity that is slowly getting to more and more people.

So what should the journalists be doing and what should Facebook not be doing?

 

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Control and Censorship

I am a simple person. I use an iPad, and I use it in a standard way. I synch, I play, I read, I listen! (Yes, I know such a selfish user I am). So when I read about the jailbreak issue I was actually surprised. Most of us never bothered with 3rd party software or other solutions. Yet, overall I do understand that some people might want to. I also do not see the issue for Apple or others to intervene. Some valid reasons might exist, and some might want this to develop their dreams, all valid reasons why a jailbreak system might be needed.

So the issue I read about today was that a game (Deus Ex) would not function on a jailbroken system. This might have been a simple issue with compatibility. No, this was not the case, as it was stated in the article the non-functionality was intentional. The person gets the message “We are sorry but you can’t fire on jailbroken devices.” So it is not just a bug but an intentional act to ‘sift out‘ certain users.

This does not make sense to me. So a person wanting the freedom to do certain things is now punished? I think it is high time that both Apple and Enix have some explaining to do. (Source: http://au.gamespot.com/news/deus-ex-the-fall-disables-firing-on-jailbroken-devices-6411343) the reader should especially accept the idea that there is a group of ‘legally jailbroken devices’ and they are in the same predicament.

It seems that the IT field is changing. This field is now more and more about personal data collection, discriminating groups and limiting the freedom of choice. At least, that is how I see it. But is this true?

When we see the jailbroken system then the following had occurred. The IOS has been modified. When we look at Apple support we see the following at http://support.apple.com/kb/ht3743. This is fair enough. It is nothing short of a person disassembling a television, then wanting it fixed under warrantee. So, I cannot fault apple for not fixing it. Yet the software gave us another issue. This is intentional intervention against those who ‘altered’ their system.

There are two sides to these events. On one side, I can understand why a system might be jailbroken. The immediate reason is that I was in the past the victim of Apple’s short-sightedness and their own party line flaws. It actually costed me thousands of dollars, so at that point, I feel that I am justified when I state ‘Apple Get Fu$#d!‘ (In regards to the lost $$$$).

The first part is the one some might remember from the PlayStation and PlayStation 2. Because some people were unacceptably greed driven, they forced many in a place where they decided what we were allowed to have and when. In the early days, games would appear in US and Japan almost a year early. To circumvent this, a ‘mod chip’ was available and as such people could order their games on Amazon in the US. Not only were the games up to a year early, in addition these games were 40%-65% cheaper, which was a massive benefit for many. Weirdly enough, the first reason was to many gamers more important than the price issue, but they happily took that benefit on board.

The second part of the ‘mod chip’ was alas less noble. It allowed people to copy original games and they would work on any modified system. For the most on the PlayStation 1, yet it had a large following in the PlayStation 2 as well. In my mind the second part was mainly due because of greed driven marketing, to exploit every person, wherever they lived to the fullest. The same was evident in the DVD market, however, there was a valid issue that Asian copyright violation was so strong that something needed to be done, yet overall the events seemed to have made little difference.

Are these dangers the same for jailbroken systems?

Because of the term ‘legally jailbroken devices’, I wonder what those were. The answer was found at the core of all hardware knowledge, a magazine called wired (at http://www.wired.com/threatlevel/2010/07/feds-ok-iphone-jailbreaking/). This is the interesting crux! This verdict came out in 2010. So the fact that Enix had been adding a certain ‘limit’ could be read as intentional discrimination.

In the end, the quote I personally cannot disagree with Natalie Kerris said Apple won’t change its policy that voids iPhone warranties if a phone has been jail broken. “It can violate the warranty and cause the iPhone to become unstable and not work reliable”, this is fair enough, and should a jail broken system be used to play games people did not pay for, then this would be a violation, yet that was not the case in the game Deux Ex ‘the Fall’.

There is a new side to all this. Even though no longer an issue (likely only temporarily), the Xbox One with their need to connect, the Apple with jail breaking and all kinds of likely issues the PS4 will have (because even though we do not know at present, they will have their own issues), we are looking at new developments involving Digital Rights Management (DRM), deployment on the cloud via UltraViolet and the Keychest system. You the users are about to get hit by levels of user-based licensing and limitations unlike any w have ever experienced. More important, users are likely to get hit a lot harder on user license agreements then companies have ever faced over the last 15 years. In my view 99% of the population will press an ‘I agree‘ button and have no clue what they agreed to. The fact that the users who signed the apple user license and then ‘jailbroke’ their system should be ample proof of that.

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