Tag Archives: Optus

August 21, 2015 · 07:41

Optus Yes = Optus WTF

You know, I have been in this field for quite some time and for the most I tend to give people (and organisations) the benefit of the doubt. Yet what should we think of an organisation that does not have its act together, seems to be clueless what it is doing, or should be regarded as massively incompetent?

I’ll let you decide on the following facts.

Fact one. The bulk of the Optus Shops, as well as nearly every other shop that deals in Optus mobile internet is out of stock.

This literally amounts to the notion that at Optus, at least two boss levels above the store keeper, people are either incompetent or asleep (which amounts to the same thing). The Huawei E5377 WIFI Modem is registered to be out of stock. How can a mobile provider like Optus continue without sellable product? To be this unable to service your customers, without any alternative is just beyond stupid. In addition, the fact that Optus stores are still in ‘Yes’ advertisement mode could be construed as misleading conduct. When we consider Australian Consumer Law, we see in section 18 Misleading or deceptive conduct “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive“. Stating ‘yes’ and then not have it in stock, seems to be just that.

This is however not enough. You see, one product does not make for issues, this should be regarded as just a case of bad luck, which we all have that at times.

When people pay for services that cannot be upheld, we have an entirely different matter.

That part seems to be an additional issue that hit me like a steel mace across the chops. You see, I had a case of bad luck, I had to get a new phone, in my case the Huawei P7, which was on special. Less than three months later the battery buckles. I now only get 10 hours standby from a battery. This is massively unacceptable! So, I go to Optus and fair enough, they take it into repair under warranty. I cannot ask for more, which is fair enough, so now I am stuck with my old phone, which is a major concern on several levels. I got lucky, because I got to borrow a Huawei E5251 with 8 GB. The first file goes swimmingly, which means 700 Mb all done. Now the problem starts! Even though powered, it takes three attempts to get a 4.8 GB file, 1.7 GB, 3.8 GB, and after that at a little over 1.3 GB the system stops, failed attempts with corrupt data. No way to save it, this now implies that Optus can no longer maintain a functional 3G wireless connection. This now has large repercussions for the consumers, because the consumer pays for 8 GB of data, whilst it was never functional. The lobotomised excuse from ‘customer care’ is ‘you used your data’, whilst we now have an issue with the reliability of the Optus network. The half-baked excuse they gave that ‘this can happen’ holds little water when the consumer gets to pay for functionality that cannot be met.

The question in my mind now becomes, is this isolated or is this a symptom of a much larger issue? This now takes us to the Australian Financial Review of May 18th 2015, where we see “Singtel-Optus chief executive Allen Lew will focus on keeping costs down by providing more customer services via the internet and run a “hard-nosed” review of its 160 retail stores” (at http://www.afr.com/business/telecommunications/optus-in-hardnosed-retail-review-to-keep-costs-down-20150517-gh3h5q). Yet, when we consider the hard-nosed part. Is that the case or has the upper staff ignored infrastructure issues? When I cannot rely on 3G networks in Sydney city to download data (speed was not an issue), we must consider that the objective of ‘keeping cost down’ is now at the expense of its consumers, a part that was not that clear in the Financial Review. This makes the quote “yes, we will grow but we will make sure that the growth is profitable growth” debatable at best, and concerning at the very least. Another quote is “an Optus spokeswoman later told Fairfax Media that cutting costs would not lead to any decrease in service quality or an overall fall in jobs“, well the service levels are not met, whether the job situation remains good, is something for the future to be decided.

So, is there a pure stock issue, or is there more? The latter remains the more likely than not scenario as my personal point of view, for all shops to be without 4G wireless routers implies that that the stocktake part does not work or the shortage is nothing more than a signal that the Optus network is starting to get really congested. That last part is of course a speculation on my side, but doesn’t it make sense? Virgin and Telstra are selling their 4G modem plans, yet in the case of Virgin, they too ‘suddenly’ ran out of the Huawei E5377 WIFI Modem. Which would seem to give strength to the thought that this is a mere ‘stock’ issue. Yet, if that is so, how incompetent was the executive to let it go this far? In addition, the issue of the unstable 3G is not addressed.

For this I have to make a jump back to 2010, when this was posted “Optus is known to put a lot of its web data through a proxy which reduces the packet size and makes it seem like your connection is faster. This comes at the cost of reduced quality in the form of images and the like“, important to know here is that the source is not reliable, but it is one of many voices. In 2011 the Sydney Morning Herald gave us (at http://www.smh.com.au/digital-life/mobiles/optus-makes-customers-pay-to-fix-its-blackspots-20110411-1da6b.html), with the quote “But analysts believe the real reason behind launching the product is that the Optus mobile network is struggling and Optus would prefer to make consumers fork out money to ensure their mobile phones work at home, as opposed to the Telco investing in more mobile towers“, which now gives us a clearer view, a view that is more reliable at least, in addition we get “Foad Fadaghi, a telecommunications analyst at Telsyte, said femtocells had typically been used in the US by poor quality carriers that had not invested enough in the capacity of their networks” which is an additional tone to the previous quote. The Optus response was “Optus said in response to the criticisms that the new technology was designed to ensure customers received “the best value and experience from their mobile devices”. It said it had invested over $2 billion in its mobile network over the past five years and built over 600 mobile sites in 2010, with a similar number of mobile sites planned to be built this year“, yet consider the issue when we read “Telco’s needed to be upfront from the start about coverage and the capacity of their networks and the onus should be on them, not the customer“, an issue I basically faced as no uncorrupted data house arrived at my station. The mention of ‘capacity of their networks‘ is now in play. For a 4G tower to scale back to 3G is one thing, yet do they process basic 3G in the same way? 600 towers is a massive amount, and that article is a few years old, but the final part in all this was at http://www.pocket-lint.com/news/133245-4g-vs-3g-it-s-not-just-download-speed-you-know, as well as the Telstra site (which I will ignore for now). A 4G network should be able to offer data at 15.1Mbps, which is only barely above normal broadband. 3G gives data at 6.1Mbps, which is considerable slower, yet if time was not an issue, 3G should work, but in my case it did not. I reckon that we are starting to see congestion where 3G is sacrificed to maintain the 4G standards. This is pure speculation on my side, but is that such a stretch? There were clear indications for half a decade that Optus was a failing network, now they thought they were back, but the deals offered through Optus Yes were so ‘fashionable’ that millions switched, now we see that adding a thousand towers whilst the data need of millions went up by 250% could be a clear indication of massive congestion dangers, which will now lead to dropped data packages and in some cases corrupt packages, which gave me my aggravating position. 8 GB to download 5 GB and none of it survived the trip. Now this month (actually this week) we see “Optus launches tri-band carrier aggregation“, which shows increased speeds. The quote “It is a more efficient use of our spectrum bands and will provide a more consistent and better experience for our customers“, it is the ‘more efficient use of our spectrum bands’ that flagged it for me. Is this truly about ‘speed’ for the customer or to deal with congestion? If congestion is a problem in Sydney, than we have new worries, more important, we will soon have a lot less stability. In all this I will state again, that some of these views are speculative and of course they are tainted due to issues I faced, but are they less of an issue because of that? Now let’s see if the same problem persists with Telstra, I know a guy with an extra wireless router, let’s see what happens tonight!

I try to stay on the fence and fair (even though I am very much pissed off), I just wonder who else has been faced with corrupted downloads whilst having to pay for the download. I reckon Optus has a problem and they still have to find a way to address it.

 

 

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July 16, 2015 · 23:10

You keep what you kill

The business section of the Guardian had an interesting article yesterday. It comes from David Pegg and it is about targeting customers. In the article we see a prominent picture of Robert Redford (at http://www.theguardian.com/business/2015/jul/15/sky-broadband-customers-targeted-allegedly-pirating-robert-redford-film). So what is at play here?

Here we see ‘US firm TCYK, apparently named after film The Company You Keep, made Sky hand over details of customers accused of downloading movie‘, which comes with the opening quote “Dozens of UK broadband customers have received letters from a US firm accusing them of pirating a little-known Robert Redford film and inviting them to pay a financial settlement on pain of further legal action“. You see TCYK got a court order against Sky Broadband, which must now hand over customer details of those TCYK accuses of using torrent sites to download and distribute the films.

These people now get the offer of paying a hefty fine or end up in a legal battle.

So, how does that work in Australia? Well, here we depend on the Copyright Act 1968, where we see in section 36(1) “Subject to this Act, the copyright in a literary, dramatic, musical or artistic work is infringed by a person who, not being the owner of the copyright, and without the licence of the owner of the copyright, does in Australia, or authorizes the doing in Australia of, any act comprised in the copyright“, which means you made the movie, you are licensed to handle the movie, or you own the copyright, if you are none of these three, you become the infringer.

Now we get to the nitty gritty of the act (sections 43A and 43B) when we consider ‘temporary reproductions‘, which starts of nicely in section 43A(1) with “The copyright in a work, or an adaptation of a work, is not infringed by making a temporary reproduction of the work or adaptation as part of the technical process of making or receiving a communication“, with the crown part ‘temporary reproduction of the work or adaptation as part of the technical process’, which takes Sky Broadband out of the loop in all this, because Sky just sends packages from point A to Point B and as such, they do not keep any parts of that they communicate, they only keep the logs of what is communicated.

In subsection 2 of section 43A we see “Subsection (1) does not apply in relation to the making of a temporary reproduction of a work, or an adaptation of a work, as part of the technical process of making a communication if the making of the communication is an infringement of copyright“, which might put Sky in the hotspot, yet Sky is at this point an innocent disseminator of information (you know that anti-censoring part people all love), so Sky must prove that by handing over the records. This now counters the (what I would regard as fake indignation) from Michael Coyle, a solicitor advocate at Lawdit Solicitors, who stated regarding the act of Sky Broadband “They should be fighting tooth and nail not to have this information released”, to which I would state “Yes, because we should always protect the people engaging in illegal acts!” more important is the part that comes next “TCYK says that it hired a “forensic computer analyst” to identify IP addresses of computers that were making the film available online” so it seems that those watching the movie are not high on the list, it is about the distributors, those who made the movie available online. So there are two parts. The first part ‘temporary reproductions’, is a part we are still looking at, yet ‘distribution’, which we will also look at.

As Sky is protecting itself by showing themselves to be innocent disseminators, we need to see the logs, part of that is to give evidence that you (or they) are working on a temporary reproduction.

Temporary what?

OK, let’s take YouTube, when you watch a movie, a trailer, a TV Show, you are looking at a temporary reproduction. The movie is streamed into the memory of your computer and once the link is severed at ANY GIVEN MOMENT, the movie cannot be watched and it cannot be re-watched’ it must be pushed into the memory of your computer again. This is different from Torrent systems where a file, temporary or not is actually saved to your computer. This is the confusing part, whether it is a temporary file (what the people refer to as temporary) is actually ‘just a file’ that file remains on your computer, just like many other ‘temporary’ files.

I know, it is still confusing! Let me elaborate, when windows or a windows application needs to handle data, it created a file that changes all the time, we refer to them as temporary files. The UNIX reference is much better, they are called ‘scratch files’. So if you download a PDF, it will create a file, and that file will capture all the packages and add them together. That is done until the file is complete, when the download is completed the file gets written becoming the permanent file. This is the normal way for operating systems to work. The issue is that something is written (read: saved) onto your local destination, when this is done, it is by sheer definition no longer a temporary file. this is the part that is taken care of in Section 43A, now as long as there is no way to make the ‘temporary file’ work via an application of any kind, you can also rely on section 43B of the act where we see in subsection 1 “Subject to subsection (2), the copyright in a work is not infringed by the making of a temporary reproduction of the work if the reproduction is incidentally made as a necessary part of a technical process of using a copy of the work“. This now shows my explanation of temporary reproduction, where we refer to ‘incidentally made as a necessary part of a technical process‘, which could make that part a no go area, was it not for the first part where we saw ‘Subject to subsection (2)’, which is now the issue as this does not apply as per section 43B (2)(a) relying on both (i) which states “if the reproduction is made from an infringing copy of the work“, and the irritating use of the ‘or’ statement for (ii) “a copy of the work where the copy is made in another country and would be an infringing copy of the work if the person who made the copy had done so in Australia“, which takes care of any ‘border’ issues.

So, here we are with an infringed work, so what about the words of Michael Coyle?

Well, for this we need to look at Part V remedies and offenses, specifically ‘Division 2AA Limitation on remedies available against carriage service providers‘, which now puts poor poor old Sky Broadband in the limelight! It is a bit of a puzzle, but in short it amounts to “A carriage service provider must satisfy the relevant conditions set out in Subdivision D before the limitations on remedies apply” (a bit paraphrased), this is set in section 116AH, where we see that the carriage service must provide the following two elements for ALL category transgressions

  1. “The carriage service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers“
  2. “If there is a relevant industry code in force—the carriage service provider must comply with the relevant provisions of that code relating to accommodating and not interfering with standard technical measures used to protect and identify copyright material“

This is only the first of several elements that address the part that the Guardian stated “TCYK says that it hired a “forensic computer analyst” to identify IP addresses of computers that were making the film available online“, that part is also needed for Sky Broadband to prove that limitations ‘a’ and ‘b’ were adhered to. For this we need to take a look to a case (mentioned below) where we see at [697] “The question whether a person has supplied the means with which copyright has been infringed raises its own difficult issues. The primary judge concluded that the BitTorrent system was the means by which the appellants’ copyright was infringed. But I cannot see why the means with which the primary infringers committed acts of infringement must be so narrowly defined. The primary infringers used computers which were no less essential to their infringing activities than was the BitTorrent system. The same is true of the internet connections with which they made the appellants’ films available online”

More important, at [505] we see “It follows that customers, by entry into the CRA, consented to iiNet disclosing and using information, including personal information as defined, for the purpose of iiNet administering and managing the services provided pursuant to the CRA. Part of that administration and management includes compliance with the CRA. In circumstances where iiNet has received evidence of breaches of its CRA (for example, cl 4.2(a) and (e)) the customer has necessarily consented to iiNet using information it possesses, including personal information, to determine whether to take action under cl 14.2 of the CRA“, which all comes from the case Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23, which means that Sky Broadband is going through the motions iiNet in Australia went through 4 years ago. This is important, because the customer relationship agreement is a legal scope that the customer agrees to, which allows for disclosure and more important, now looking at the ‘limitation on remedy’ or bluntly put ‘the massive amount of money TCYK will demand of Sky Broadband if they cannot satisfy conditions’ is where we see actions from Sky Broadband to disclose information.

In addition we need to see the satisfied part “Any transmission of copyright material in carrying out this activity must be initiated by or at the direction of a person other than the carriage service provider“, that part is given by the logs as the viewer did the ‘click here to watch full movie‘, basically that means that the user initiated the act. In addition, there is “The carriage service provider must not make substantive modifications to copyright material transmitted. This does not apply to modifications made as part of a technical process“, showing that whatever solution was used, Sky broadband passed through the information as part of what it is supposed to do as an ISP.

In the end, this will be a messy battle and there is one part that holds less water. It is the statement “Nicolas Chartier, the president of Voltage Pictures, told the Hollywood Reporter this year that he had issued 20,000 lawsuits against individuals accused of pirating the Hurt Locker in order to “make a statement”. “The day after we announced 20,000 lawsuits, the internet downloads of Hurt Locker went down about 40%”“, I am not sure if that will be the end this time, Hollywood has been clasping down in several ways. We see the 10 movies that make a billion, but the hundreds of others that aren’t slicing the cake are not in there, as such Hollywood is now lashing out all over Terra ‘non US’ and we see that it will hit Australia too, even more direct when the TPP becomes fact, at that point having a computer with logs pointing to it with irrefutable evidence might literally cost you your house. There is one side in the TPP that remains undiscussed, especially, as I personally see it behind the closed doors of the TPP negotiations. In all this America relies on fair use, in all this they are eager to criminalise that what is not criminal within the US, it makes for another case.

If we accept the following “Some historians prefer ‘slave’ because the term is familiar and shorter and it accurately reflects the inhumanity of slavery, with ‘person’ implying a degree of autonomy that slavery did not allow for“.

Now we convert that sentence into “Some politicians prefer ‘user’ because the term is familiar and shorter and it accurately reflects the chargeability of usage, with ‘US consumer’ implying a degree of freedom that users are not allowed to have” This is as I see it exactly the core and the broken foundation of the TPP, there is no fair use and there is no accountability on the other side, by all means the TPP ignores the constitutions of more than one nation. This was raised by Alan Morrison in The Atlantic on June 23rd 2015 (at http://www.theatlantic.com/politics/archive/2015/06/tpp-isds-constitution/396389/). The quote in question is “It is January 2017. The mayor of San Francisco signs a bill that will raise the minimum wage of all workers from $8 to $16 an hour effective July 1st. His lawyers assure him that neither federal nor California minimum wage laws forbid that and that it is fine under the U.S. Constitution. Then, a month later, a Vietnamese company that owns 15 restaurants in San Francisco files a lawsuit saying that the pay increase violates the “investor protection” provisions of the Trans-Pacific Partnership (TPP) agreement recently approved by Congress“, this is a situation that could be a reality.

You see, this relates to the case at hand in more than one way. In my view, TCYK has every right to protect its side, the movie it made and the revenue coming from that, so I am not against prosecuting copyright infringement at all. Yet, in all this the shift that TPP will allow for is a situation where ‘investor protection’ will bring a case which will be heard by three private arbitrators; the United States government is the sole defendant in that given scenario. More important, it will be a case brought by “investor-based expectations”, I think we can clearly see the link when we consider “Village Roadshow’s revenue and profits are below expectations, which was down 1.9% to $469.5 million for the six months to December. Net profit was lower by 26.2% to $13.34 million“, so in this case Village Roadshow blamed the weather, yet Village roadshow has blamed piracy on many occasions, so the moment we see a court case based on ‘investor-based expectations’, we should all become weary of this becoming an option the regain revenue from a mismanaged product (which is far-fetched but not out of the question).

So why these jumps?

  1. It might be a movie piracy case in the UK, but the result will hit Australia sooner rather than later and vice versa.
  2. Infringement is a growing ‘market’ and as such, especially in dire times, the industry at large wants to recoup parts of their losses due to infringement, yet will it truly hunt down the real perpetrators?
  3. Too many people rely on their ignorance and ‘they did not know’. This defence is now slowly but surely coming to an end, it is more and more an accepted rule that if you did not buy the article, or pay for it, how come you watched it?
  4. The TPP will change EVERYTHING! This closed door agreement is all about ‘indulging’ big business whilst big business is not playing the game fairly to begin with. In its core it can be seen as a discriminatory violation of ‘fair use’ and ‘constitutional values’.

In all this I jumped at Village Roadshow more than once. Personally I think that Graham Burke has been playing a lose rant game too often, whilst trying not to step on the toes of Telstra and Optus, but that might just be me! In addition, I have additional issues with Federal Attorney-General George Brandis regarding past events. This all links to an article last April in the Sydney Morning Herald (at http://www.smh.com.au/business/village-roadshow-wants-to-work-with-isps-instead-of-suing-movie-pirates-20150416-1mj8cd.html), where we see the quotes “The document centres on a “three strikes” system. An illegal downloader will get three warning notices before a Telco will help copyright holders identify them for potential legal action“, which sounds fine, yet in that part, if at any time the IP address was hijacked, there will not be any evidence absolving the accused person, so the one in court could be the victim in all this. In my view, this is a warped solution to the court case Village Roadshow lost against iiNet, meaning that other avenues need to be taken, which now reflects back to the UK case of Sky Broadband, which could hit Australian legislation. The next quote is “Federal Attorney-General George Brandis and Communications Minister Malcolm Turnbull set a 120-day deadline last December for internet service providers and entertainment companies to create a binding code“, which is indeed central but not in the way reported on. You see, Telstra and Optus are all about bandwidth, the more you use, the better the invoice from their point of view. This is part of the move we see all over the internet in the last article I wrote regarding the short-sightedness of Graham Burke, in the article ‘The real issue is here!‘ (at https://lawlordtobe.com/2014/06/17/the-real-issue-here/), which also reflected on the article ‘FACT on Piracy?‘ (at https://lawlordtobe.com/2014/01/03/fact-on-piracy/) from January 3rd 2014. These articles connect through ISP’s like Telstra and Optus who have been rescaling their bandwidth plans. The consequence of losing out on 4 billion a year. Now Telstra offers 50GB for $75 a month, smaller plans no longer exist, they have been pushing for new broadband boundaries so that their revenue is less impacted, so the impact of $40 and $80 a month is now decreased to an optional loss of $20 and $40 a month. It was (as I personally saw it) always about time and retrenching. It has been forever about big business! By the way, it is not just Telstra, others like iiNet have done the same thing, offering a new margin, reset to the width that has never been offered before. It is about rescaling the broadband plans, which results in resetting expectations and preparing for new data usage adherence.

You keep what you kill fits perfectly, it comes from the Riddick movies, which is basically the credo of a survivor, in this day and I agree, in this economy it is about lasting the longest and as such, they keep what they kill, which are the copyright infringers and their technologies. I do not oppose it, as I feel that owners of copyright are entitled to protect their assets. Yet, when we read Graham Burke we see “He said Australian film producers were trying to educate the public rather than sue them“, which might seem true enough, but behind that, I suspect, is the fear that if the Australian Copyright Act 1968 adds the ‘Fair Use’ principle, his education boat will sink on the spot, moreover, whatever US pressure we get from the TPP, gets drowned by Fair Use, because if it is good enough for Americans, it should be good enough for non-Americans too.

Last in all this is Matthew Deaner, executive director of Screen Producers Australia, who made a fair statement in the SMH article “They’re trying to say, ‘this is the right way to go about this stuff, this has a consequence to us’,” Mr Deaner said“, which we can get behind, yet the colourful rants by both Graham Burke and Sony executives on the utter non-realistic loss of billions is a consequence as well. By not properly and realistically setting the view, whilst, as I personally saw it, Sony executives were hiding behind excuses regarding missed targets that were never realistic to begin, which soured the milk of reality and reasonability.

Will this affect Australia?

Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16 was settled in the High Court of Australia, yet the essential changes to copyright, the impact of the Trans Pacific Partnership (once signed) will also impact the future. The lack of a ‘fair use’ clause is as I see it an essential first step to protect those not engaged in active copyright infringement as well as allowing for innocuous acts not to be struck down in favour of big business in a draconian way. In all this, US corporations have relied on unfair advantages, whilst overcharging people all over the non-US in a massive way is just beyond belief.

Even now, example, ‘Ex Machina’ is in the US $17, in the UK $20 (both Amazon), which is already a 20% offset, a title which cannot be bought in Australia. The US has segmented commerce to maximise profits, whilst not giving fair options to consumers. The fact that they still enforce multiple region codes to limit fair consumer rights is also not addressed. This is in part what drives piracy. If Mr Burke is so about educating, how about Mr Burke educating the other side of the equation? With video games where price difference can go up to 100% in difference between the US and Australia, a consumer grievance that Federal Attorney-General George Brandis never bothered to properly address. When we consider the issue of price fixing we see “Price fixing occurs when competitors agree on pricing rather than competing against each other. In relation to price fixing, the Competition and Consumer Act refers to the ‘fixing, controlling or maintaining’ of prices“, in this we see a loaded gun of different proportions. You see, Agreements between related companies are also exempt from price fixing, yet, when this difference is set at 100%, whilst the firms place technological restrictions (region codes) on products, as well as denying fair competition, largely pushed by American corporations, where is the fairness in any trade agreement?

If a trade agreement is about removing trade barrier, in that regard, the region codes should be regarded as detrimental to trade, but the TPP is not about equality, it is about giving the power to big business and limiting the rights of consumers, which is why partially because of created limitations movies and videogames are not equally and honestly made available. So as we look at what some can buy more expensive and others cannot buy at all, Mr Burke should in part refrain from stating that ‘one leg is education’ the other is regarding ‘products being available at the same time as other countries’, it would make him instantly paraplegic. Unfairness is what drives infringement. This was shown in the 80’s in Europe in a very direct way as games, movies and music were so unbalanced that a $450 ferry ride to London (from Rotterdam) could pay itself back during one VHS shopping spree (not to mention the price difference in games).

That same principle applies here, so if this is truly about stopping infringement than the first step would have been consumer equality. Yet this is about the US maximising its profits, counteracting whatever ‘free’ trade is supposed to do, so copyright infringement is not going away any day soon, it will soon create new situations, all because those involved seem to be about abolishing what constitutes a fair user, which is why the TPP should never come into effect.

You keep what you kill

The question is, who gets killed in the end, because as more true illumination is given, the bigger the question mark we see on what propels infringement. If there is one real upside to all this, it will be evolution, it will not take long for someone to change the premise of the game and design a new peer to peer cloud solution that resets the legal playing field.

Strife has always been the number one innovator in both war and technology, that part has not and will not change.

 

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May 25, 2015 · 00:03

Dark side of the moon

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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February 12, 2015 · 21:30

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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September 10, 2014 · 12:17

Changing topics?

It is Tuesday evening, I had been preparing some of my assignments when the two hour bell rang, it was time for a break. I am still ahead of what is needed, which means I can relax (only a little). For 4 weeks I have been doing my daily Uni work, so there is a moment to breath. This is good for now, so what to look at?

Well, I could take you down the road of a copyright driven Australia, yet, when we look at the facts, especially as presented by Brendan Molloy, councillor of Pirate Bay Australia, then a moment of depression hits me. We all speak in truths (or so I hope) and as such, so does he. I do not completely agree with his approach, but he makes a decent case. There are a few tweets he made as @piecritic that have reverberated in my own writings in the past.

  1. “Brandis is known to have not met with any consumer representatives and stakeholders as part of writing this draft. #copyrightau“, which seem to give slightly more weight to the issues I posted on my blog on June 17th 2014 called ‘The real issue here!‘, when I wrote “This is at the centre of it all. From my point of view Mr Burke knows it, Mr Brandis knows it and Google, who has every profit with large broadband usage, knows it too. I think it is time for this sanctimonious posturing to stop” it was to state the issue that in the end this is NOT about copyright, this is about bandwidth and as such the Australian economy cannot survive another multi-BILLION dollar blow to it at present. I think that Attorney General Brandis DEFENITELY got spoken to (not speaking with) by certain stakeholders (off the record of course), yet these people do not want ANY visibility in the limelight at present.
  2. “@piratepartyau made an FOI request for that data. They refused to release it. https://www.righttoknow.org.au/request/copyright_legislation_working_gr#incoming-2467 #copyrightau”, which seemed to link to “A question about data costs being absurdly high. Love it. #copyrightau“, this is an interesting side. In my previous blog and other events I focussed on the bandwidth, which is what an ISP should be able to monitor and as such they do not, or better, only monitor for billing purposes. This all takes another turn when we consider the tweet by Ed Husic, Federal MP for Chifley, Shadow ParlSec to @bowenchris. His Tweet is “Abbott Govt should tackle copyright, pricing, access simultaneously and not just @copyrightau 1st“.

Well first, to get it all straight, I am a Liberal, so basically in the Abbott, Hockey corner!

Yet, these people make a decent case. You see, I am not in favour of copyright infringement, so if we can stop illegal downloads then this is just fine with me (additional reasons to follow soon). The issue here is not just about copyright; it is in part the ludicrous idea of continuing the TPP. This is at the centre of strangling honest commerce in the near future. I am all for a better legal system that protects the owners of copyrighted articles that Burke represents, yet ‘the rants’ as Brendan mentioned gives way that he is angry because the ACTUAL profiteers are too strong and too powerful (read the ISP and large telecom companies). This is why we see these ‘packaged’ solutions by Optus lately, amongst others. They are trying to convert people to a package as they know that securing revenue now is becoming increasingly important to THEIR survival, this is not seen anywhere in clarity.

So prices are being partially dealt with and access is being transferred to the US via the TPP. If you consider that to be not true, then wonder why Microsoft is setting up 300,000 servers. Just for gaming? Please get a grip and be fast about it!

Consider the following, this was stated by developer Jonathan Blow, but he is not the only stating issues in this direction. “I can spin up 10,000 virtual servers per host. They would just all suck. Saying 300k when they are virtual is a lie“, this is a developer, my issue, since even BEFORE day one has been on the ridiculousness of certain claims. This has all to do with streaming media and entertainment. Microsoft introduced it, when the backlash came they changed tune and dance, so why is this continued? Because the change to a broadband Foxtel approach will FORCE people in the bandwidth and there is no more downloads (which I do not oppose), but there is also no more privacy, with which I have an issue. When you force consoles online for all the wrong reasons, then we can safely state that this is about monitoring”. As America was the land of the free, it is now quickly becoming the nation of the monitors, which is what a debt of trillions will get you. As stated before, i cannot understand the TPP for the life of me, it strangles digital freedom (actual freedom, not freedom to download illegally), it will strangle generic medication (not part of this discussion) and it will strangle local commerce (very much the issue at present).

Patrick Bach, producer behind Battlefield 4 has an additional view “I’m not sure how the cloud will work for real-time stuff, but I can see how it could work for non-real-time stuff where you need a lot of calculations”, monitoring is not real-time, but requires massive power, here we see a side of that what is monitored and how it requires many servers. By the way, consider that this, when (or if) this is up and running, that the monitoring power of Microsoft will exceed that of the NSA by a massive margin. It seems a little extreme for streaming TV shows and online players, doesn’t it?

Additional evidence comes from the Australian (at http://www.theaustralian.com.au/business/opinion/copyright-law-is-failing-to-keep-up-with-internet/story-e6frg9if-1227050705973, this link requires you to subscribe) “As a former chief financial officer, I follow the money: these schemes haven’t worked, because the content owners aren’t prepared to invest in their administration. If they were genuinely effective, surely the movie and television studios would be happy to throw resources at such schemes“.

Again, as a technologist this could definitely be done, yet this is not in the ISP interest at all, his fortune is all about bandwidth, reducing it costs him money.

This is why I thought that the entire action was a waste of time from before the very beginning. Until greed (read revenue) from the Telco’s is set straight, whatever deal comes, will come at the price of ALL valid users and for the larger extent at the cost of their freedom (read privacy).

Yet, in all the tweets, Brendan Molloy does repeat on many occasions the issue that is at the centre of it all “fix your business models“. This is at the centre, yet in all scenario’s several players lose out on revenue (and loads of it), in addition Australia is not even at the heart of the issue that is playing behind the screens. For people like Google and Netflix (where a few groups have a valued investment of over 10 billion), it is not Australia, but the UK where the big price is. Australia with its 10 million households is just a small individual away from the Commonwealth pack. Yet this does not just hit the bandwidth and download models.

In all this, I have one other link. This one http://www.gizmodo.com.au/2014/09/malcolm-turnbulls-anti-piracy-forum-live-blog-follow-the-news-as-it-happens/ shows us the entire copyright AU evening and when you read it, please try to consider the following:

  1. The words ‘Revenue’ and ‘Bandwidth’ did not get mentioned ONCE. You might think that with illegal downloads and copyright infringements that issue would come up at least once, but both iiNet and Telstra were extremely cautious to sail away from getting near it. In my view that forum did exactly what it needed to do, keep interest away from the TPP, bandwidth and where the actual money would be draining from.

All this is as I expected it to be and if you read my previous blogs then you would have read that pointlessness is next to greediness. Not grammatically correct, but highly accurate. Whether we see changes remains to be seen, but the moment the TPP comes into effect the changes will be massive and it is likely that this changes get announced whilst the ink of the autographs on the TPP agreement is still drying.

So, why is this about changing topics?

Well, the discussion seems to be about piracy, copyright and copyright infringement, but the topic that hinders all events (like revenue and more important ‘blood money’) is kept out of the discussion for now.

I have already discussed revenue in more than one place, so feel free to read the other blog article (The real issue here!, mentioned at the beginning) to catch up on it. What I have not talked about is the issue of ‘Blood-money’. It is not my phrase, but I have adopted it as it applies (to some extent). You see, this is not the price of the game, not the cost of doing business. It is the price of being there and staying alive. It seems pure and simple, but it is not. You see, the topic of micro transactions is a little more complex and as such it is important to distinguish between them.

  1. The good guys and girls!

Highest on my list is Blacklight: Retribution. It is released for the PS4, yet there is also a PC edition. The game is large and is FREE! So how do they make money? Well they rely on micro transactions. When buying stuff you have two options, you start low, but as you get through games and as your score is there, you get money, this money allows for low to medium styled weapons. They are not cheap so it will take a little time to acquire the cash. Yet, it is free and you have time, so this is all good. However, if you want that one piece, that ultimate weapon, the slamalamadingdong of all shotguns that will rip through flesh, bone and Kevlar as you squeeze of the right trigger of your controller, then you must purchase Z-coins. There is an off-set here. Partially I think that without Z-coins you will be in a long trial to get decent gear to oppose, yet consider that this is all multiplayer and for those who are not really into this, it means no $99 and this is good, you can invest $10 to get decent gear. I think the approach is pretty good in this economy. This approach is better than try before you buy and is a decent business model. There are others that do this too and some have too steep a curve of costs, but Blacklight seemed reasonable.

For the iPad there is ‘Elemental Kingdoms’. A game, which is free to play and as you play and win, you get coin, which allows you to buy packs with random cards. It is easy to play, the game looks extremely well and the artwork is amazing, the cards unlike with actual cards evolve as you invest in the card, making it more powerful. If you purchase gems with your own cash you can buy packs with more rare cards and better rare cards, which makes for better odds. New players will get double the amount of gems with their first purchase. a good approach.

So, this is the good model, some like it, some do not, but nothing is for free and this way you get the pleasure to try and the option to grow without spending a cent. Those eager to step forward quicker can place $10-$25 and get a head start.

  1. The demons

Here we have the bad side. Whether we go after the Forza games, Gran Turismo or the classic which should now be regarded as an utter joke on the iPad! Prices range from roughly $7.5 for 500,000 in game credits to $75 for 7 million credits. Now consider that one car could cost you 20 million credits, which would be one of the extreme top cars, but that means one additional car at around twice the price for the whole game. How is this even considered sane? This pales by comparison when we see a great classic like Dungeon Keeper seems to push people to invest vast amounts of money into gems so that the player can get anywhere. This is free-to-play?

These are two extremes, yet how does this relate to the initial issue?

This is where the future takes us. The market on many levels is pushing for micro transactions on all fields. Whether it is an app or just a service, it is not just a worry, the future as we see it comes again from the Apple Market. This is not just the versions of the iPhone6 (plus or not), but the other options like the Apple Watch, where we see an interaction between watch and phone. This sounds like a decent gimmick, yet did you consider the exploitation of the consumer through services via micro transactions as well as the events we get as Apple collects all this data? It is not just Apple, where one goes Google will follow and the entire debate we saw on copyright now gets a whole new meaning as people on a global level sign up for ‘services’. This is where packaging of services will truly get a consequence. What if you have Foxtel?

Now we revisit the following statements:

Ed Husic: “Abbott Govt should tackle copyright, pricing, access simultaneously and not just @copyrightau 1st“

Brendan Molloy: “fix your business models“

Jonathan Blow “Saying 300,000 servers when they are virtual, is a lie“

I think that the business models have been adjusted, yet I think the adjustment is moving in a very dangerous direction. The Ed Husic nail is getting hit by a massive hammer; there is, at the core of these changes a need to immediately revisit pricing and taxation sides. You see, the ‘micro-transactions’ might seem small, but it reflects on the dangers we face how the frog will not jump out of the pot when the water is slowly brought to a boil, when we react to micro transactions, we will react too late. In this economy we need to make sure the consumer is protected as well as the national coffers, because when Apple and Google start their $0.99 a month service per service we will be hoisting millions a month outside of Australian tax shores, whilst at the same time collecting all that data to be resold and analysed at the other end giving them additional billions in revenue. The Privacy act will not guard us in any way for this new consumer wave. This all brings me to the question, how much do Telstra, Optus and iiNet know at present? Does the intelligence community realise this change of data and how can they keep track of some of the more shady events. Last but not least, when ‘3rd party’ people start pushing out data apps, how can this tsunami of data even be sifted through?

The final part will get us to the conclusion (at (at http://thenextweb.com/apple/2014/09/01/this-could-be-the-apple-icloud-flaw-that-led-to-celebrity-photos-being-leaked/) we see that last week someone took a look at certain events. and it gives us this quote “The vulnerability allegedly discovered in the Find My iPhone service appears to have let attackers use this method to guess passwords repeatedly without any sort of lockout or alert to the target. Once the password has been eventually matched, the attacker can then use it to access other iCloud functions freely“. As stated, this is not a fact at present, but it does give serious voice to the hacked phones.

Things you might think that have no bearing, but as we consider the case of the 101 naked celebrities (like Disney’s Dalmatians for adults), what else can outsiders get access to when people start using these new gadgets? If we consider that the financially well off start using these innovations first, how long until this clear target becomes a target of interest to the cyber-criminal?

So many issues linked to the changing topic. My question, what topic SHOULD have been debated? This is not about copyright perse, but that links to all of this, it is about a missing league of securities that endangers the lives of many Australians and none Australians alike. It is a change to facilitate for profit and data to be handed to big business at the expense of our personal, social and economic safety. Sides many seem to ignore.

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