There is an absolute air of disillusion within me. I knew for some time that the press, claiming to be so worthy of self-regulation seems to look at the things that matter, but on which scale? This is of course their rights, but it seems wrong to ignore a market that impacted over 32 million in the EU, with a large chunk of that in the UK. When changes are being made on several levels, impacting millions, the silence is way too weird. Could they perhaps gain Advertisement space?
You see, Sony is in serious trouble. They have made a step, perhaps even a final step. The market of over a hundred million is gone. The PS3 sold less than their first PlayStation and they barely passed the 50% sales mark of the PlayStation 2. Questions on several levels are made and even though the PS4 launch price is only 75% of the price of the PlayStation 2, the stakes are high!
My PlayStation 2, which I got on day 1 (European launch date) had lived through the years until last year, when I donated it with a ton of games (still functioning perfectly) to the children’s ward of a hospital. Even the original controllers had never failed me. So, I have been a faithful fan for almost 4 generations of consoles. Consider that this is a multimillion user market (with according to the latest numbers almost 95 million people with a PSN account), it becomes a worry when Sony changes the rules, making it illegal to sell your games (trade in) and no one takes a hard look at it. It will impact us here, but it will hit our smaller island (aka United Kingdom) a lot harder, with millions of gamers in financial hardship. Many will not be able to buy a PlayStation 4, and now, with the pre-owned market under attack, the papers, the news and others remain silent.
It is unsettling to say the least.
Why is it such a big deal?
Consider that the Commonwealth economy gets hit, losing in one area a few million consumers because pre owned games are now illegal, more shops need to get closed as they lose revenue. We see more and more articles via game sites (not by the renowned press places) stating ‘Sony reiterates that PlayStation 4 supports used games’, then why make selling your game illegal in the Sony User agreement? This is all in the week before launch, this is all about getting traction and this happens under the allowing and supporting eyes of the press. No questions are asked! Big business calls the shots and changes the market.
This paraphrased quote came from Ethical consumer: “Sony received Ethical Consumer’s middle rating. Sony had subsidiaries in tax havens which were considered to be at lower risk of being used for tax avoidance strategies. However due to a lack of country-by-country reporting it is hard to tell whether a company is paying the correct tax or not. Multinational companies often shift profits between subsidiaries in different jurisdictions, allowing them to dump their costs into high-tax jurisdictions which can be deducted against tax, and shift their profits to tax havens, where they pay little or no tax.”
So Sony is no Google or Amazon, but it does play the legally allowed tax game. That is not a crime mind you, but avoiding tax on one side, and then slice the commerce that does pay taxation on the other side is getting a bit rich. In the end, governing costs money, not paying it means less to support. Worried about the lessened legal aid? Then look at the people using tax shelters!
So as we see the issues of pre-owned games, we see that MCV UK had the same issue, they had the quote from Sony Boss Shuhei Yoshida stating “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.“, so again the issue remains, why make it illegal in the user agreement? A statement can be regarded as ‘erroneous’; an agreement is a binding contract. So the issue remains, can Sony be trusted and why is the press not all over this?
MCV (by Intent Media) is not the upscale journalism place on the grand journalistic scale of things, yet they are all over something the press in general should not be ignoring, so why is the press doing that? There is a third side to this that makes the silence of the press (with the almost unique exclusion from Brendan Molloy of the Guardian in this instance) even more worrying. The statement given by Shuhei Yoshida, should after that fact be regarded as a joke (and a bad one at that).
The TPP (Trans Pacific Partnership) is linked as this charter when we look at one part that set to the following “Criminalise the activities of small business by making every single infringement with the slightest commercial element into a criminal act“.
This means that breaking the user agreement, no matter what Shuhei Yoshida states, means that reselling your game makes that person eligible for criminal prosecution (and in other paragraphs, the shops selling them could find themselves in a similar predicament).
It is important to note that these thoughts come from other sources and even though Wiki leaks presented the full document confirming this, the fact remains that this is not the final published document. What is important to know is that steps are taken to gratify the agreement within the next 6 weeks, whilst according to the Guardian (at http://www.theguardian.com/commentisfree/2013/oct/30/trans-pacific-partnership-tpp-dfat)
The Australian political players involved were either not thinking straight or way too eager to please Microsoft and Sony in these matters, because those are the two players DIRECTLY benefiting from this in a massive way and this goes far beyond their consoles, this is a massive play for profit! Not only will they avoid trade tariffs by 90% at present, they pay almost zero taxation after the fact as well (at present). It seems utterly unacceptable that we open doors to government sanctioned tax havens whilst those big businesses pluck us clean and remain empty on responsibilities on the other hand. With Australia getting 30% – 60% more charged on games and other digital media, we seem to be getting the short end of the stick on many levels. This TPP is a bad idea on many levels and the impression is given that Australia seems to accept the advice from the US. I find it interesting to see a picture of a smiling Foreign Minister Julie Bishop, as she makes small talk with one of the two partners that cannot seem to get their own house in order, at minus 17 trillion the US might not be the actual player in charge. This TPP reads like a joke; it gives additional powers to big business, whilst that big business avoids billions in taxation (in the US alone). In my personal view, how stupid do you need to get here? America has done NOTHING to take on big business and tax avoidance. All their promises have been hollow at best! Acts that have been years in the drawer, issues are ignored and no one take the dangers we are getting to at present serious (they claim to do so and then shelf any acts until the 11th hour). The second partner I referred to is Japan, a nation that is presently holding on to a debt twice the size of their own GDP. So why are John Kerry and Fumio Kishida there, when their governments are basically bankrupt? Doesn’t it make for more honesty to have the TPP with Bill Gates and Kazuo Hirai? They seem to have ended up with the non-taxed revenues.
If we look at the world we just gave away and the innovative world we always fought for, it seems we are making several steps backward, steps that will hurt us for a long time to come, whilst the benefactors are those who remain behind the screens already owning more than god ever did. The greed game usually ends up having roughly up to 99.9992% of the affected being victims, why enforce it even further?
Even though the TPP will not hit the UK directly, these events will lead up to changes that also hit the UK shores sooner rather than later. Even though Tax avoidance seems to be ‘sexy’ enough for the press in general, the Microsoft tax avoidance issues (in the UK around AU$ 2 billion), seems to remain ignored when we consider that Microsoft is all about becoming ‘the entertainment system’ and as such we will soon enough buy TV series and movies online, whilst taxation loses out, which means that at almost no tax, consumers will end up with a temporary product whilst the government gets nil, shops will be driven back even further in economic despair, whilst ‘retransmission laws’ are changing giving the consumer less and less options to see that what they desire (and when they do, likely only by certain rules and certain providers).
All this hits back to the press remaining silent on many of these events. Why?
Lawrence van Rijn - Law Lord to be 