Tag Archives: IOS

The choice of a new religion

The Guardian had an interesting article yesterday by none other than Alex Hern. He and I look towards the gaming world in very different ways, it does not make him wrong and it does not make my view right. We have at times different views on things. That is the wonderful world of gaming, it is one of the few fields where the approach to any solution tends to be almost artistic, many views, none the same can still warrant true correctness or success. In ‘Apple wants the Apple TV to be a games console. But can it be trusted?‘ (at http://www.theguardian.com/technology/2015/sep/12/apple-tv-games-console-can-it-be-trusted), which is a very true piece. The subtitle states ‘Apple would like to see its new set-top box become the next Nintendo Wii. But it’s questionable whether the company really understands gaming‘, which is as true as it gets. I have been ‘connected’ to Apple systems in one way or another since 1990. One thing from the very start is that the Apple systems were always ahead in many ways, even in artistic ways, yet true gaming was never supported to the extent it should have been. One of my very first freelance jobs was to take a look at ‘Balance of Power’ (by Mindscape), I ended up checking it on the Mac as well as the Amiga. Another one was Shadowgate by the same makers. Even though these games were always worshipped, but on the Mac they seemed to be on the side, accepted as in existence, but never truly part of the ‘Apple’ environment accepted. It is hard to get it into words. You would have had to be there to understand it.

The quote “The problem is that games are treated as just another type of app by the company – albeit a very profitable type. The games store, for instance, is organised in exactly the same way as the rest of the app store, with prominence given to a few select apps and then three charts of top-selling paid games, most-downloaded free games, and “top grossing games”“, helps here. It is like a bunch of economists see games in the spreadsheet as deep green and those economists really like deep green (as in profit). Yet games is a lot more than numbers (something Ubisoft has an issue with too). To see Apple people look at games and advice their users on is like going to your accountant for sex guidance. That person gets off on spreadsheets and a balance books, for many people not the orgasmic solutions to embrace. Yet there is also a side where I have to disagree on.

Part one is “Similarly, in the newly-released guidelines for Apple TV apps, the company reveals that “the maximum size of an Apple TV app is limited to 200MB”, with no persistent local storage. In other words, apps must be lean, and they must download everything they show from the cloud“, part two is “The top-tier consoles right now ship their games on Blu-ray discs, which store at least 25GB and can rise to 128GB per disc (twice the total storage of the highest-capacity Apple TV“. Now, Alex speaks the truth and he is 100% correct. My issue is that quote 2 implies (he never really states it anything in that way) that size makes the game, that is wrong. Still there is a truth here. 200Mb is nowhere near enough for any decent game. If we look at previous games, like Metroid Prime on the GameCube, that game exceeds the 200Mb. Many games from the PC could get close to the 200Mb, but will in all likelihood exceed that part.

In addition, the statement “In other words, apps must be lean, and they must download everything they show from the cloud“, which now implies that we are all dependent on quality connection. A property that is even debatable in parts of Western Europe, the US, Canada and Australia. For Apple it must be good to know that at least Scandinavia and its 18 million people will see the bulk of Apple TV gaming. The second issue is “Unlike PC games, consoles have always been fairly locked down by the platform manufacturers. In a way, it’s “no sex, no drugs, only rock and roll” attitude is merely replicating the same approach that Nintendo has emphasised for years in its efforts to keep its games consoles family friendly“. Now I am all for family friendly games, yet some people want more than Mario Kart. Some want to play the master Sergeant (HALO). Some want to be in the wasteland (Fallout) or they want to sneak their ways around a city (Thief). Many of these games would never be allowed, with a massive portion of the gamers being 21+, they end up being nothing more than a nuisance to Nintendo and without a massive arsenal of IP that will not happen any day soon.

It is the final quote that is concern as well as the source of howl of deriving laughter “But its success as a games console would be handing yet more control of the medium to a company which fundamentally looks down on games and gaming. And that should concern anyone who likes to play“, wasting this level of resources on a system with no expertise on quality gaming will put a dent in the Apple coffers, in addition, once rejected by gamers, those at the helm will be forced to take a harsh look at their choices and their considerations. It seems that so far in new gaming only Elite Dangerous made it. If the iMac 5K would have one additional hardware update. If they had something in equal or exceeding the Radeon R9 295X2, the system would become something to behold, not just with Elite Dangerous, but in addition with games like No Man’s Sky (if it ever gets here). The iMac would be an option, the Apple TV is clearly not that option, beyond Minecraft there is not a lot that plays on the Apple TV. So do I disagree with Alex?

Actually no! When we consider his quote “Despite my concerns, there is the chance that the Apple TV could be good for gaming“, it connects to my thoughts that good gaming is not about the size (well not completely). Consider that some of the games that were a massive success on the Commodore 64, the Commodore Amiga and the Atari ST can still be the games in the new generation systems like the Apple TV. The games by Sid Meier, games like seven cities of gold, some of the legends like Lemmings, Dune 2 (Command and Conquer), pretty much most of the games Peter Molyneux made (including Dungeon keeper), there are loads of other games. The opposite is also true, now we can get a pirates game Sid Meier could never offer when he did because technology stopped him. In equal measure quality gaming has dwindled as there are no limitations, so that game designers are no longer trying to squeeze the maximum out of a console. Tomb Raider is an example here. When we consider that Apple TV could get a market, whilst the hard core end games on consoles and PC remains, I state ‘Yes’, that is a definite option. Yet Alex does illustrate a side of Apple that the foundation of Apple should be ‘concerned’ with. “If you want to criticise a religion, write a book. If you want to describe sex, write a book or a song, or create a medical App. It can get complicated, but we have decided to not allow certain kinds of content in the App Store”, in all fairness there should be space for that approach, but it will hinder your business. You see, the guidelines at 15.1 state “Apps portraying realistic images of people or animals being killed or maimed, shot, stabbed, tortured or injured will be rejected“, which is nice but that pretty much sums up almost every game ever made, including New Zealand Story, where the little Kiwi loses health when he touches a spike. 15.3 makes any WW2 game a non-starter, unless Apple insists that Nazi Germany was never a real government where my response becomes: ‘good luck with that one!’

So, even though we can accept that guidelines are needed to keep certain groups (read children) free to wander on the app store selecting games. I get that, but as I stated before, it limits the Apple TV to the realm of Nintendo who already has a massive grip on its user base through several means, why would Apple TV wander in that field? It almost reads like Apple wants to add to the foundation of a failed system. The idea that was a write off in 2007, regarding a big fat fail in 2010, suddenly got the title ‘How Apple’s biggest failure could be one of its greatest accomplishments‘ in 2014 (at http://www.dailydot.com/opinion/saving-apple-tv-think-different/) we see: “Apple has a chance here to beat its competitors to the punch, first and foremost, by making sure that you can play every significant type of video file type that Apple TV doesn’t offer now. This will broaden the range of apps the device can support, and ensure they never have an issue like they did with Hulu again. They would also be wise to create a browser for the device, and to let users access its hard drive“, which is true, yet the article reads like a marketing approach to ‘new’ options for Apple TV and now a year later we see the games ploy. Is it truly about that, or is there a fear within Apple that they are being passed by, passed by those who had a clear goal and by growing in any direction they get to hold onto non-write-off a little longer.

I will let you decide on the parts that are a given, but are they truly a given? I must warn my own view that it is tainted and also clouded. There is a view that comes from true gaming and as such Apple TV does not add up to much, yet what is small can grow and as I stated, let true innovation grow through limitations. It gave us true pearls on three generations of consoles, innovations that seem to be missing in NextGen. Yes, there is still innovation, but not to the extent there was in the past. The idea that Apple starts it up again is partially pleasing. Pleasing because that is the one part that have been downplayed by Microsoft, Sony and Nintendo to the larger extent, if you doubt that, then look at how many independent productions made it to consoles in the past. The fact that this year is a lot more about independents is not a given, it is a fab and no guarantee exists that independents will make it through in 2016 and 2017.

That is the part where Apple could grow, you see I personally believe that the next 12 years will be all about the small innovators. As larger players have become vultures, eating the small ones and carrion eaters as they devour their brands in the insane vision that growth comes from interactive innovation, large jumps are ignored. You only need to see the success of Markus the Notch and Minecraft to see that I am right. Will Sean Murray be the next one to show this? David Braben is on the right track to do so too and they are not alone. Even though Everybody’s Gone to the Rapture is not likely to be the success others are becoming, the truth is that this game is innovative. Even though in respect to my Tomb Raider view that 10 hours of game play is not acceptable, it would be equally unacceptable to see a 6 hour story as a good thing (source: YouTube). Yet, it is a story and the challenge as such is too small. You only need to look back at the game Portal (by Rob Swigart) to see something a lot larger, even though not in an open world environment, the result as well as the story was truly unique. That does not make the game a failure or inferior, yet the truth remains that the challenge needs an upgrade. Too small, yet remains a true innovation compared what is out there. In all this my own perception is an issue for discussion too. Where is it a given that a 10 hour game is insufficient? I base it on past play and play that some games give, as such 10 hours of gaming just doesn’t hack it neither does 6 hours. Yet all this started with a new religion, one of gaming. not the worship of a controller, or the divination of a system, but the choice of what we believe is to be an open direction, a choice of innovation, because without innovation gaming seizes to survive and we get iteration of a given, in the artsy world gaming exists in, that part can never be allowed to remain in iteration. This is one of the core reasons why the iteration of Assassins Creed, the iteration of Lara Croft the raider of Tombs and Call of Duty will simmer down, will cease to be the cash cows they once were.

The future is all about true innovation in gaming, in that Apple TV could have a space if it opens the doors to independent developers. When we consider the iPad, it has had a nice collection of games and some are truly innovative, in all that IOS has a place and the Apple TV could bring it to the big screen (and I do mean on your TV). In the final part, I agree with Alex for the most, except for the part “a company which fundamentally looks down on games and gaming“. I am not certain it does. It seems to have an approach not unlike Nintendo. Do we look down on them? The question does remain when we see gaming as a religion. It could be the one religion that should be without a bible, which is fair enough, but what about the 10 commandments? Should we not consider some guidelines? Personally I state no, but then again, I started in a world where gaming was born, where it evolved. In all this gaming can evolve within any limited system (consider the 16KB VIC-20), as such any system can bring the joy of gaming, we only need to consider where we take gaming. Nintendo took a direction, there is nothing stopping from Apple taking it in the same direction. In my mind, it should be now and forever about innovation, because that is what draws us to a new game. Consider how Elemental Kingdoms took the concept of CCG and gave it a digital evolution, that is just one of many options, I hope many that are yet unemployed and it awaits the next visionary to create that path.

Who? That is up to the developer that dares to dream and make it reality.

 

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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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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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Supporting exploitation

This time, there is a different issue in play, this time, I have felt the consequence of both crime and scheming, all in one nice package. Part of this is set in the article ‘Robbed of a mobile, but we have to pick up the thief’s phone bill. Why?‘ (at http://www.theguardian.com/money/2015/feb/11/robbed-mobile-thiefs-phone-bill).

Now, my mobiles has been stolen, it has been broken and a few other issues have gone my way. Now in the first, I have to admit that I was with Optus at the time, stolen mobile, we had a business account and to my surprise, a new mobile and no hassle (just a small fee). This was great, the doom feeling of what had happened was a feeling that some places are great to be connected to. Now in the article we see the following quote: “it’s worth pointing out that you are not liable for any charges once you’ve reported a phone lost or stolen. But there are often good reasons why this may not be immediately possible, and during the briefest of delays, thieves can run up catastrophic charges“. Yes, this is true, but there is also an initial solution. You see, no matter how important you are as a business person, your ego is getting in the way fast. You see, disabling International calls on day one, in addition to 1900 and 1902 numbers stops massive costs coming your way. There is also the embarrassment you have when your boss asks you which distributor had 1900-blow-my-mobile is also worth the day one blocking action.

The next paragraph is the kicker: “In 2012, Ofcom gave service providers until that summer to present plans to cap customers’ liabilities and declared they would face enforcement action if they failed. Nothing happened. In December 2013 the government announced that six of the big providers had finally agreed a cap, and that, from spring 2014, customers – like victims of bank card theft – would not have to pay more than around £50 for thieves’ phone calls. Nothing happened. A year on, only Three has introduced protection – customers are liable for only the first £100 before a phone is reported missing, provided they report it within 24 hours“, so when you are on holiday or on business abroad, and your phone gets stolen, the chance of you notifying your stolen phone in time is not an option.

The paragraph becomes even more interesting if you Google the following “Ofcom spineless useless“, you get 32,000 hits. So we can say that whatever Ofcom pretends to be, which by their own statements is “Independent regulator and competition authority for the UK communications industries” (at http://www.ofcom.org.uk/), we can state with some certainty that it has failed the British people close to 100%. This view does not evolve in any positive way when we look at http://stakeholders.ofcom.org.uk/enforcement/competition-bulletins/complaints-disputes/, where we see ‘Ofcom’s Approach to Complaints and Disputes‘, the text on that page is “This page provides links to guidance that Ofcom has produced setting out our powers and processes we will follow in conducting investigations into adherence with regulatory rules, consumer protection issues, competition issues and resolving regulatory disputes“, with a few PDF links, so how useful is Ofcom?

Well, the Guardian had this to say: “It would seem Ofcom is waiting for the government to do something and the government is waiting for the phone companies to find a solution“, which is not even close to the actual part, it seems that Ofcom is all about sort of regulating issues, but awaiting feedback from stakeholders in regards to these actions (which are likely to be phone companies and when we see the Telecoms Complaints Bulletin on Ofcom, we see a few charts on silent calls and unwanted marketing calls. So is Ofcom basically a report valve that gives the telecom companies a signal when marketeers and phone companies have to simmer down a little bit?

So when we see the claim “Ed Vaizey, the digital economy minister, met the big players last month. Once again they promised a code of practice, but, strangely, still haven’t agreed on the details. “We expect the networks to confirm shortly details of liability caps and when they will be introduced,” says the Department of Media, Culture and Sport“, we must wonder if Mr Vaizey is actually seriously looking into an issue that has played for many years now.

The next part involves Vodafone (or Vodafail as some call it) and opens up an entirely new can of worms, one that I myself have been privy to.

Vodafone says it has agreed to “explore” a cap but the sticking point is how to do that without destroying the incentive to report a phone missing. “We do not want to create an environment where it is even more attractive for criminals to focus on theft,” it says“, you see, that is not the Vodafone I have been experiencing!

So, last year I had a heart attack, this happens, as it happens I had a sim for my iPad with Vodafone, which is a data only thing. Now, I admit, I was late with paying, which is my own fault and whilst in hospital, they had cut me off. With that I had no issue; I was late, my own fault, as I stated before. Now comes the kicker, whilst in hospital  and after that in recovery, I learned that even though cut off, I am still liable for ALL COSTS, so that means that whilst cut off, I am still due all monthly expenses, even when disconnected. The fact that I had had a heart attack did not interest them. So I am still in a legal fight with Vodafone, I accept the initial costs, but the months after that I refuse, so it is due to go to court at some point. Vodafone might state it is exploring, yet its main need is to stay afloat, which makes them close to desperate. That part is seen with ‘Mobile users flee Vodafone Australia‘, which started in 2013. The quote “Vodafone Hutchison Group lost 600,000 customers in the three months ending September 30, even as its British parent first-half results showed a return to profit” is only the tip of the iceberg that will sink the ‘Vodafonic’ (that event filmed by James Cameron, where you see Leonardo DiCaprio drown in icy cold water at http://www.businessspectator.com.au/news/2013/11/13/technology/mobile-users-flee-vodafone-australia). The fact that Vodafone is still linked to a class action brought by Piper Alderman should indicate that Vodafone has a league of issues, capping is not even close to their essential need to solve.

But we go back to the issue at hand regarding phone bills. The article ends with the realisation that in an election year these issues will not be addressed, which means that this issue will stay around until at least 2016, which is odd as we consider the article ‘Bankrupted by a mobile phone bill‘ (at http://www.theguardian.com/money/2013/dec/07/mobile-phone-bill-cap-theft), which is 14 months old. The issue, that was raised and gave way for the quote “culture secretary Maria Miller told journalists in Beijing this week that a deal had been struck to introduce a bank card-style limit to a consumer’s liability – possibly as low as £50“. In my view as a Tory, both Maria Miller and Ed Vaizey need to wake up fast and start a few fires in the halls of telecom corporations. You see, it is after all an election year and should Labour or Ukip achieve that what the conservatives could not, the fallout will be, as I see it a conservative unpopular one (well over 80% of the population worries about their mobile bill), because governing from the opposition bench is not governing at all, it is merely spouting critique to those who govern. The first course of action, as I personally see it, is to shake up the Ofcom executive committee by replacing Steve Unger, Polly Weitzman and Jonathan Oxley. I reckon the signal that the chief executive, the general council and the group director for Competition are replaced by individuals with bite, who will hunt issues for the victims and the general audience, might give the signal to the Telecom companies to act now, or accept a much harsher deal soon after the elections are done. The reality is, that when that signal comes, they will all quickly agree with the Three policy, which means a £100 cap and possible a reporting extension to a max of 72 hours, which would be fair.

Yet, this is not even close to the only thing in play, you see, last month Google made an announcement to no longer support any Android version before KitKat (v4.4). This means that not only are people almost forced into new mobiles, the flaws, gaps and other issues that might pop up are at the heart of what follows and that what is already happening to the current mobile user base (including myself). First there are the iPhones. Apple is already experiencing the class action in that regard. The fact that IOS is taking up around 20% is just bizarre. Apple could have saved itself a lot of hassle by just having the 64Gb phone at a 16Gb price, I was told (from an unconfirmed source) that the parts involved costed no more than $49. So how ridiculous is the entire issue that Apple is forcing upon Apple? Let’s not forget they have around 170 billion in loose change. Now, I am not stating that they had to pay for it, but to just set the 64Gb edition at $799 would have saved them a boatload of hassles. In this Android is not without faults either. The new phones, with 2Gb ram and 16Gb storage drops down a lot in Android. There, of the 2Gb you are only left with 1Gb and you lose an easy 30% of your 16Gb. Now, that is still a decent amount, but to consider that my old smartphone, which was 1Gb with 4Gm storage has now dwindled to a 250Mb phone (so I can run 2 apps at the most), with just 2.4Gb storage is not what I signed up for. As Google became too clever for its own good, adding more and more trash I never want or need, setting dozens of updates which no longer let my phone work is now at the core of my problem. I cannot even deactivate most, it shows up at EVERY update, selecting what I actually need and not what Google thinks I might like is at the core of my growing resent of Android. And with every app pushed out, there is additional danger that the security of my phone gets compromised, especially as Jellybean is no longer supported.

Yet there is more. I am now looking at a new phone, whilst I know the limitations I face. The strongest was the Huawei Mate7 premium. Now, here is the kicker, the 3Gb phone with 32Gb storage will only get you 1.7Gb RAM and 25Gb from day one, Android takes the rest and this is close to the strongest phone that a limited budget can buy. In Australia the smallest iPhone starts at $1000, the 64Gb, which would be a minimum choice is 20% more expensive, whilst these phones only have 1Gb RAM. This all seems as short-sighted as the developers of Xbox One showed to have. Yet, it must also be said that 1Gb seems to suffice for Apple, that is shown in this small article (at http://www.phonearena.com/news/Why-Android-phones-need-3GB-of-RAM-and-iOS-gets-by-with-1GB-of-the-stuff_id62901), yes IOS is more efficient, but as IOS evolves, so will the need for RAM, which when it starts to be too little would of force us to upgrade again. Was it such a jump to set the iPhone RAM to 2Gb? When you become a penny pincher, you face class actions and that is exactly what Apple faces now. Although I remain (for now) Android minded, and When we compare the Nexus 6 (the very latest), we see that it only almost equals the Huawei Mate7 premium. The Nexus is however $100 more, whilst the screen resolution was a lot more impressive on the Huawei, but that could just be the Jazz screensaver. This shows that Huawei is not just the Android player, with the P7 and Mate7, Huawei is now the contender that makes Google sweat. Like Apple, Google could have saved themselves a lot of hassle by not skimping on resources, which could have pulled the customers in like a magnet, now in the margins they will see customers slip through their fingers, which will be an unsettling feeling for whomever misses out on commission.

All this as the providers supported exploitation; we see that the massive losses are now showing as the margins are not worth considering for some. The same could be said for the upcoming Samsung S6, it looks amazing, but as they fix one issue by being a 4Gb RAM player, they waste it on bringing a 32Gb version, which might suffice for now, but what in 2 years? Getting the 64Gb version makes sense, but then it becomes a $1240 millstone around your neck. So as I see it, Huawei is the budget choice, which still gives you a top of the line contender, iPhone and Nexus are slowly pricing themselves away by offering the entry option, which is a joke as we see space used.

All this now links back to the issue of phone theft and the inactions of Ofcom. If stolen bandwidth and phone time is all there is, than you are gravely mistaken, these smartphones are not just a connection, they are a link to your diary, your details, your credit, your access and your future. Soon, we will see that organised crime will not just call their mommy in Samarkand, Zhengzou, Davao or Vung Tao. Soon they will transfer your data and access and see what else is under the hood. That is the added danger of the smartphone, because you had one more mail to read, one more file to see or one more connection to make, all that in applications that were never closed and accessed be merely starting the application. You see, what we ‘need’ to have, came first, and we all seem to forget the consequences of such choices. Ofcom cannot be held responsible for this, but they should have set up several parameters a long time ago, as they remained inactive in the phone charges issue, they also did little to nothing into changing certain parameters in connection monitoring and non-repudiation, all that left to whomever else, that is the danger we will face in 2015 and 2016. Unless there is a drastic event that shakes up the media, there is every indication that nothing will be done until it is too late.

History taught us that there is nothing as effective as taking away someone’s cushy job to make the next person consider showing their teeth from day one, but that might just be my imagination.

 

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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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