Tag Archives: Sydney Morning Herald

September 14, 2016 · 11:20

In light of non-brilliance

I just ended reading an article that has the hairs of the back of my neck stand up straight. I have seen my share of bungles and botches, but the article ‘Solicitor mistakenly sent girl’s address to father who murdered her‘ (at https://www.theguardian.com/uk-news/2016/sep/12/safe-house-address-of-may-shipstone-murdered-by-father-accidentally-sent-to-him) kind of takes the cake!

The subtitle ‘Case review concludes there is no evidence Yasser Alromisse located daughter’s safe house via accidental disclosures‘, in that regard I wonder what evidence and how thorough things were looked at. We all know that mistakes are made at times. Yet the level of errors, when they are nothing short of reckless endangerment to the life of a child is quite the achievement.

It’s almost like giving a 5 year old an active hedge trimmer asking it to throw it in the air and catch it again. I wonder if the sitting Judge will consider leniency whether the current to that trimmer had been switched on inadvertently. The quote “reported to police that her solicitor had inadvertently disclosed their new address to Alromisse in legal papers” seems to be part of all this. In addition we see “previous addresses or identities were inadvertently given to 46-year-old Alromisse by other bodies, including a bank and the Child Support Agency“, which is one clear reason why I do not bank online. You see, it is not just about this case specifically. The fact that I have been contacted on more than one occasion, whilst the marketeers were clearly selling me things (as marketeers do), based upon information my previous telecom provider had released to them.

Another gasser is the quote “the serious case review concluded that no one could have predicted or prevented the killing, which took place in Northiam, near Rye, East Sussex, on 11^th September 2014“, in that regard, the joker in that part of the game should consider “five months earlier Lyndsey Shipstone, who had fled with her daughter to escape domestic abuse and violence“. The fact that this lady needed a safe house might be indicative of the fact that not just her, others too clearly perceived a danger to her life. You see a safe house is not just a place where you hide defected members of the FSB or MOIS, it is also where you could hide a person who prefers not to be beaten to death. #Justsaying

You see, it is not the act that is the issue. The quote “After a thorough independent review, the LSCB concluded, as did the investigating police officers, that the father planned and carried out the killing in a secretive way, using the internet and a range of covert methods to trace the family and obtain the means to carry out the murder“, so there was an online path that lead to the victims. Now, I will accept that if the mother had posted selfies with geotracking on Facebook with texts like ‘Here we now safely are‘, there is a clear case of the mother losing the plot, but that is not it, is it? Apart from legal papers that could have inadvertently contained information (which is still very wrong), it is more the issue that, as stated ‘including a bank and the Child Support Agency‘, I have to ask the question, is this an institutional failure? In addition, when I see the quote “It called for assurances from agencies that systems were in place surrounding information about vulnerable people that should not be revealed”

Which agencies and what systems? Did anyone consider not logging information on something this volatile and currently implied to be non-protective? There is one other part in the article that I find debatable. The quote “there is no evidence this information did actually allow him to track them down. In fact, it was a period of some six months after details had been disclosed to him before the mother raised concern, and in that time there is evidence the father had still been using the internet to try to trace them“.

You see if that is all true then an IT expert could have given loads of Intel on how the address was sought and how it was found. Perhaps after 2 hours of seeking an not finding anything, he might have read the legal paper stating;

Victim A, currently residing at 68 shoot her dead lane, [insert postcode] Northiam. Yes, that made it hard, did it not? And as for the time lag, how many non-law students/professionals do you know that read legal papers to the degree they should? So whilst I see the part at the end where it reads “what we want all agencies to be mindful of, is that social media and powerful internet search engines make it increasingly difficult for families fleeing violence to rely on their whereabouts remaining secret. This needs to be considered as part of safety planning and guidance given to those at risk“, there has been no mention of not entering certain data online and keeping that info off-line in a folder that is in a locked cabinet, with perhaps only a reference number. Is it me or have I oversimplified the issue?

This is what is at the centre of all this, the consideration to remain off-line. You see, when it is offline, the average person cannot accidently reveal that information, and in addition the requesting party would be required to talk to the person that has access to the paper, the person, not some code for access. It is an issue that will be evolving in the near future for many reasons. No matter what excuse Apple used (valid or otherwise), the fact that the breach was a result of vulnerabilities in Apple’s password security system, enabling persistent hackers to guess the passwords and security questions of select users. So what were these ‘persistent’ hackers? How persistent makes for how many guesses? These parts were not given, my guess is, is that it has been likely more than three times. I have seen similar issues with Skype passwords. This goes further than just quality control. It is of course part of it, but the evolution of systems shows now more than ever the need for better security control on applications and more important, on data. The idea that Child services endangered the child is more likely the stuff of nightmares for those working there, but how was it revealed? Without better insight in how things happened, there is no way to tell but the fact that the wrong person got access and accidently revealed it to the wrong person is now more likely than not.

A linked issue could be seen in the Sydney Morning Herald (at http://www.smh.com.au/digital-life/consumer-security/massively-negligent-childrens-photos-audio-recordings-released-after-toymaker-vtech-breach-20151201-glc7ps.html), where ‘children’s photos, audio recordings released after toymaker VTech breach‘. The article being useful in more than one way I might add. The quote “A breach of almost 4,854,209 parents and 6,368,509 kids’ online accounts” should scare any parent senseless. The article which was published on December 1st 2015 gives way to more parts. In one instance is the April 20^th article (at http://www.smh.com.au/business/banking-and-finance/banks-fret-data-breach-law-will-stir-fear-about-digital-economy-20160419-goai8n.html), which is about the quote “Banks have warned the federal government that a proposed law requiring mandatory notification of serious data breaches risks stirring up fear about the nation’s transition towards a digital economy“, which starts the story, with mentions that there are issues with the situation as a whole. The banks make various valid cases, yet when we get to “the proposed law as being convoluted and warns it could dampen public confidence in the digital economy that the government wants to encourage“, you should consider that there are various online issues and the banks are currently losing the cyberwar, not winning it. Now, there might not be direct threat to life in this case, yet the fact that criminals are getting better at getting to your money and there is too much unclear regarding issues like the responsibility of the users regarding safeguarding passwords. There are issues all over the board and the fact that more and more applications are using shared libraries on desktop and mobile, which does not guarantee added security, far from it. One flaw is all that is needed to get multiple access to data sets. And as you might have noticed, there have been way too many flaws in IOS, Android and Windows (although I personally believe that the amount of windows flaws have grown exponential to the sum of both IOS and Android flaws. There is an additional problem, as there is a time lag between finding the flaw and fixing it. When the development teams find them it is one thing, when they act reactively because a third party had found them it becomes another matter. Now, the reality is, is that not all flaws are about personal details or data matters, but some are!

So was this mere an institutional failure through personal actions, or was it a cyber and IT issue? The issue would be easier if the report was available, but let’s take a look.

You see, The East Sussex LSCB is at http://www.eastsussexlscb.org.uk/, which looks ok, but when you take a simple deeper look (at http://www.eastsussexlscb.org.uk/index.html), we see the Parallels Plesk Panel, with the text “To log in to your Parallels Plesk Panel, visit https://www.eastsussexlscb.org.uk:8443“, now this does not give away the farm, but it raises questions, on why the page is there in the first place. Ah, but the plot thickens!

You see (at https://www.youtube.com/watch?v=LTpmZvcIZIM), there is a video on how to exploit the zero day exploit, and the video was published on 5^th Sep 2014, 6 days before the murder! It shows precisely how to get into the system and how to get the information out of such a system. Now we have ourselves a ballgame, don’t we?

No matter when it was fixed, this video gives the goods to get access to the system, meaning that other children could have been and even might be in danger. So what does the report (at http://www.eastsussexlscb.org.uk/wp-content/uploads/SCR-Child-P-Overview-Report-Published-March-.16.pdf) say?

The report gives some of the goods at 3.5, where we see: “Child P’s address and important details of her mother’s circumstances were inadvertently disclosed by a number of public and private bodies during the period covered by the review, though there is no evidence that this is what enabled her father to locate her“, the intended outcome is “Agencies have in place good systems which identify information about vulnerable service users that should not be disclosed. Staff in all agencies are trained to use the agencies system and to understand the significance of this issue“, which sounds decent, but the zero day exploit their own web system has shown a flaw meaning that these systems are not to be trusted. If even one person has shared login and passwords, the security in there is pretty much null and void.

There is an important element in [100], here we see “It is also now believed that the father had accessed information about Child P and her mother from Facebook. This may have included information that the mother had a new partner and that Child P had been baptised in her local village church“, which is beyond belief! So, you need a safe house, but casually place your actions on Facebook? I am shaking my head in disbelief! Still, the point was added, yet when did these events take place? Is there any evidence that the father accessed those records? In addition, the fact that the flaws of the IT system did not make it into the report, especially in light that the video shows a step by step guide on how to get into such a system is equally a failure on the investigating body of the LSCB. I will agree that this was not the most likely intrusion, especially in light of given information on Facebook. Yet, especially in regards to items 22 and 23 on page 63 gave realisation of the fear of finding out, which places some issues with item [100] aforementioned and who placed what information exactly and on which Facebook account?

What does seem to be the case is that the death of Child P is a slightly bigger mess than either the Guardian or the BBC give vision to. I think that the failure was larger and due to the missing IT part more of an institutional failure than most realise, the fact that no clear guidance of non-social media actions might be in play as supportive evidence to that view.

As I see it, it was a preventable loss and the ‘defence’ “Although the review is clear that professionals could not have prevented this death“, is one I personally cannot agree with.

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Filed under IT, Law, Media, Politics

Tagged as BBC, Child P, Cyberwar, East Sussex, FSB, LSCB, Lyndsey Shipstone, Mary Shipstone, MOIS, Northiam, Parallels Plesk Panel, Sydney Morning Herald, the Guardian, UK, VTech, Yasser Alromisse, zero exploit

February 11, 2016 · 21:37

Rerumphobia

Somewhere between merry old England and joie de vivre France are islands, there are a few there and some actually have a population that exceeds the number of sheep (so you know it is not New Zealand we are talking about). The island has roughly 66,000 people, making it smaller than the total size of the Australian Defence Force and less people than Boston, Lincolnshire, meaning that merry old England has 304 cities larger than the population of this island.

Now that you have this collection of conversation starters, let’s get to the gritty of it all. The place I am referring to is Guernsey, a beautiful location that is caught between the island where you can order tripe with mint sauce and the main land that serves Steak Tartar. I was starting my browser to get a daily view of the Guardian and this is what got my initial attention ‘Guernsey chief minister defends anti-racism comments‘ (at http://www.theguardian.com/uk-news/2016/feb/09/guernsey-jonathan-le-tocq-defends-anti-racism-comments-islamophobia).

Jonathan Le Tocq, Chief Minister of Guernsey stated, according to ITV “they could meet many of the necessary UN requirements, such as education provision, they would not be able to guarantee the security of refugees if they came to the Bailiwick“. The paraphrase is not incorrect Jonathan stated: “…not be targeted or excluded, we’re not there and sadly that’s not possible”, this is a direct pragmatic statement.

In my view, a few players have missed the boat by a lot, let me explain. We have seen news, from nearly all sides. The quote “The protracted plight of these refugees has become an international security issue as terrorist groups have recruited from refugee camps“, which comes from Jill Goldenziel, a Harvard PHD, her article ‘Refugees and International Security‘ starts on page 3 of the attachment at the end of the article. She follows that quote with “These crises thus highlight the limits of the international refugee management system” So not only do they not know who has been going all over Europe, there is absolutely no way to know how many ISIS martyrs will be entering any given nation. That is not a scare issue, it is not an attempt to create fear; it is a visible established fact, a fact that has resonated all over the world and not just by the intelligence community. So in this case, it is Jonathan Le Tocq who brings the valid concerns here. He is more than just a man who will be celebrating the 25^th anniversary of his 27^th birthday next month (March 4^th if you want to send him a birthday card at: Sir Charles Frossard House, La Charroterie, St Peter Port, Guernsey, GY1 1FH, Channel Islands). He is chief Minister of an Island that is on the 305^th place within the UK for population size, if we see The Right Honourable Jonathan as the Minister Chef of the Commonwealth Island of Guernsey he is not in the 305^th position, he would slide down the list in a massive way.

So, can anyone show me a list of cities higher on the UK population list, with next to that name the number of refugees they have taken in? You see, Guernsey, Jersey and a few other islands have a massive problem. When things escalate, by the time help arrives, the population of that island could be decimated. When you consider the thought that this is just paranoia, consider the two attacks in Paris, a city with massive police power was left near powerless for too long a time, so how will an island with 146 policing members deal with a threat like that? More protection? With what money?

Let’s not forget that we tend to trivialise the police at times, whilst laughing at ‘the Thin Blue Line’, we all know that the police is a lot more than Det. Insp. Derek Grim trying to defuse the threat of ‘dratsuc’, yet people deny the direct deadliness of extremism as people looked away when a French Muslim policeman Ahmed Merabet got gunned down in cold blood by extremists, because he was protecting the French people and their freedom of speech. In equal measure there is the internal fear that a wave of panic could hit the population, lashing out unjustly. None of these facts point towards racism. Fear is a strange bedfellow, causing no good wherever it is, but in all this there is the reality of that what is, so can we see the list of the 304 larger places in the UK, with the number of refugees they have taken in?

Let’s also acknowledge that 99.999% of these refugees are real refugees seeking a way out of hell, a way towards decent sleep and decent food, but over 60,000 refugees that this means that there are 60 potential terrorists. The two attacks in France only required 11 assailants, as 34,000 police agents (over 15 districts) were too late in all the points of attack. So where does the Guernsey police stand? No matter how well Patrick Rice has his ducks in a row, with a force of 134 there is a risk and it was the responsibility of Jonathan Le Tocq to voice this.

So when we see many sources that there is “Islamophobia” on Guernsey they are not correctly voicing all of the facts. For any Christian place to state there is no “Islamophobia”, in my view that state is clearly lying, we all, have forever feared the unknown. To voice this, let me ask you a question (providing you are over 33), ‘Give me three differences between Shia Islam and Sunni Islam‘, if you know that, then ask yourself, did you know this on September 10^th 2001? This comes from the award winning TV series ‘the Newsroom’, but the truth is clear, non-Islam earth for the most did not have a clue regarding Islam before that fateful day. Since that moment religious extremism (not just Islamic) has been on the rise on a global scale. In my view, the political failing to make the hard calls that need to be made are still a worry today. The humanitarian tsunami has shown that an open Europe brought massive problems and the dislodgement of millions of people is draining resources and stopping actual solutions to be implemented. This means that the fear of the unknown will hit many places and isolated easier and more intense. It does not make the people of Guernsey phobic, it does make the media at large hypocritical as it played the fear card for spinning, exploitation and scaremongering for too long, in all this the readers got caught in the middle. An example is shown (at http://www.smh.com.au/comment/terror-scaremongering-threatens-our-democracy-20140919-10jcxq.html), here we see that the 2014 rehashing of all the events show that the 2005 events were massively out of focus. The quote “The evidence in the lengthy court proceedings that culminated in a Supreme Court trial in 2008 showed nothing of the sort. The reference to the Westgate Bridge had been taken out of context and was completely innocent. There was simply no evidence of a plot to blow up Flinders Street station, and the reference to the MCG was in the context of a vague conversation between two of the accused“, in addition we see “The case against these men was put by the prosecution on the basis that they did not have a terrorist target and that they had no plan in place to commit a terrorist act. Christine Nixon’s phrase, “imminent terrorist attack”, was simply wrong“, in itself this might not be seen as evidence, but the clarity is still overwhelming. We fear what we do not understand, and not many comprehend Islam, which impacts all around. So the issue from Guernsey is still there, there is still a need to address the fear, which will not happen overnight. Yet as the press gives us that Guernsey is shown as an isolated case, would Steven Morris be so kind to give us a list of the 304 larger cities and the amount of refugees they are taking in? I did like the video that Steven Morris did put online with the view of the local populous, ‘the majority are not‘, which is very true, but a tinderbox can start with as little as two people and on 78 square kilometres, 135 people (one police commissioner and his blue minions) won’t have too many options soon thereafter, no matter in what direction the escalation went.

Let’s be clear here, I expect the chance to be so extremely low that it is not funny, but can any of the officials on Guernsey take that chance?

That is the one element people forget, you see Australia might be an ‘island’, but with 132,000 km of possible beachfront property, that little ‘island’ has a circumference equalling three times the earth. Unless you actually lived on an island (the size of Guernsey), the issue of island safety tends to elude us all. A side not clearly shown in the article, or by a massive amount of sources for that matter.

In the end, the clear refugee registration failure is part of all this. The nations of entry have missed the ball on a Titanic scale here which, under the sheer amount of refugees is not that much of a surprise, but it does give the UK now its own set of problems. Which gets us to one of the other reasons we get from being an island. ‘A lack of infrastructure and support services to help them‘, is not just a valid issue, it is a massively large one.

So as we await the list of 304, lets contemplate the wisdom of places a clearly limited group in the one place where they end up getting isolated from the other refugees (the 99.99999% that will not be placed on Guernsey), does that step make any sense at all? to end all this, lets shine a little light on a Guardian article from November 19^th 2015 (at http://www.theguardian.com/us-news/2015/nov/19/syrian-refugees-in-america-fact-from-fiction-congress), there at the end we see “Since 2012, the US has accepted 2,174 Syrian refugees – roughly 0.0007% of America’s total population“, the article does show that the UK is staying behind in all this, which is not a good thing, but the UK is an Island, it comes with a setback, yet compare this now with the mainland (the graphic at the end of the article is very illuminating). Nations like France, Norway and Poland might not have done a lot, but they are on par with the ENTIRE United States of America, the fact that a nation like the Netherlands has taken 260% of what the USA has accepted makes the Guernsey debate a joke! That flaming, below sea-level, clog wearing nation called the Netherlands, a nation that is roughly 65% the size of the state of West Virginia, so shall we ignore the issue that is exaggerated regarding Guernsey and look at the issues why this is a global problem (apart from the valid reason of registration)?

So for those moving to Guernsey enjoy the fact that the weather at St. Peter Port will be a high between 5 and 14 degrees Celsius, so those people will face a few more shocks, not just cultural ones. Rerumphobia, ‘the fear of facts’. The final part to consider is the price tag. This costs, which no one ignores. That is a good thing, yet of all the options Jonathan, the words we could go broke was not one of them. So when you look at http://www.bbc.com/news/world-europe-guernsey-35546424, consider that these numbers have been known for a little while now. So as tourism goes down, business visitors down by 39%, what do you think will happen next to those missing out? What will happen to the Guernsey business on that scale? In addition Tourism is set to be down by 7.8%, how will that impact retail? All elements that are a reality, when we see ‘Der Spiegel’ reporting “Some mayors have cancelled the contracts of tenants in publicly owned apartments in order to house refugees“, which is not the whole story, but a reported fact, we realise that Germany is in a decent economical position, with plenty of space, yet the pressure that 500K refugees are pressing on a population of 80 million, gives us that 0.00625%. So here we are, not confronted by “Islamophobia”, but with the underlying issues, of resources and needs, which will pressurise any situation.

As I said, let’s see how many refugees the larger 304 locations of the UK are taking on, before we start accusing smaller places by taking text out of context.

goldenziel_refugees_and_international_security__2010

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Filed under Finance, Media, Politics, Religion

Tagged as Ahmed Merabet, Australia, BBC, Christine Nixon, Der Spiegel, Det. Insp. Derek Grim, Flinders Street station, France, Guernsey, Harvard, Jersey, Jill Goldenziel, Jonathan Le Tocq, Netherlands, Patrick Rice, refugees, St Peter Port, Steven Morris, Sydney Morning Herald, Syria, the Thin Blue Line, UK, USA, West Virginia

December 6, 2015 · 23:18

Let it (or them) die!

Harsh words that are befitting a slightly harsher world than we bargained for. Yesterday I had one of those ridiculous epiphany. In my view I saw some news regarding ICE and how it is so addictive and how it is costing healthcare 500 million. There is news all over the place in both the UK and Australia regarding the abuse of both drugs and alcohol. We seem to go out of our way to reward and support stupid people. Now when it comes to simple things like consumer protection it is one thing. A person can be misinformed and a person can be misled, for this we have consumer protection to give them additional protection. I have no issue with that, when a consumer loses out on a misrepresented or misled purchase, there should be protection. For the most, many shops will exchange and usually even refund. Yet at some point in this day and age, we need to make changes, we need to adjust. It is not by choice, it is out of necessity. You see, choices were made and politicians will need to be held to account. We need to show to all around us that going soft on corporations and going too soft on the people at large can no longer be supported. You see, it is the price you pay for making a choice.

What if we change the law? As per January 1^st 2017 certain medical options fall away from adults. You see, from that date, what if we stop paying for treatment of drugs and alcohol abuse. A person can only get treatment if they pay fully and pay upfront. Without that, there will be no treatment and the drugs and drunk tanks are reintroduced. You see, as stated, we no longer have an option. How can we accept that our governments push us deeper and deeper into debt, unable to keep a proper balance whilst at the same time give more and more breaks for corporations to skim from the top and become more and more non tax accountable! Until we get the law properly to properly adjust certain parts in taxation, accountability and prosecution we no longer have an option. We stop to support certain acts of stupidity. If they die? Let them!

I see images of thousands of refugees, genuinely wanting a future for them and their family, not an extremist thought in sight, just to start a life and create a future for their children. How can we stop these people and keep on supporting junkies? At 7.35 billion mankind is not going extinct any day soon, so why bother with outrageous forms of support for someone so stupid to make such mistakes again and again. In my cruel view, let them die! Let the first 100 be a clear sign to people that drugs kill, there is no next, there is no after again and again. I truly believe that it will push the use of drugs down, when more and more people are confronted that someone they directly know, who had died from drug or alcohol abuse, these elements will soon diminish to a much lower amount. It will never go away, but it will go down to such an extent that people will seriously consider not taking drugs. You see, the drugs pusher will always come with the ‘once will not hurt‘, ‘once is fine, we all do it!‘ He/she lies to you! I and many of my friends never took drugs. And let’s look at the additional benefits this solution will bring. Hospital costs go down, healthcare support goes up, less pressure on support systems and as these people relishing freedom of choice die, their places open up to you me and the refugee. All those who want a real life, a new life or a better life.

This is about more than just booze and drugs. On January 23^rd 2015 I wrote ‘The danger topic‘ (at https://lawlordtobe.com/2015/01/23/the-danger-topic/), here we see the issue I raised almost a year ago. We see “At The Bruegal Institute in Brussels is not the only think-tank to believe the estimated €250bn cost of a Grexit, while covered by the bailout funds, would cripple the Eurozone and delay recovery for a decade we now see that the ECB is about to spend 1.1 trillion for bonds. When we see “The Frankfurt-based bank will use electronically created money to buy the bonds of Eurozone governments – quantitative easing – to try to boost confidence, push up inflation and drive down the value of the single currency, helping to increase exports and kick-start growth”“, yes the Italian Draghi had an idea to kick-start the economy. Now we see ‘ECB Day: markets tumble as Draghi disappoints investors‘ (at http://www.theguardian.com/business/live/2015/dec/03/ecb-stimulus-qe-negative-rates-mario-draghi-live#block-566070ebe4b073bf0735b3be). “But they may have a point. As Draghi pointed out – the Eurozone economy is growing, credit conditions are improving. QE is working, and they’ll keep doing it. Why bring out a bigger punchbowl?” and “The wave of selling rippled from Frankfurt and Paris to Madrid and Milan, as traders expressed disappointment that the ECB hadn’t expanded its QE programme, or hit the banks with tougher negative interest rates“. This is the problem for us. You see, investors expected more, they always expect more, which is why it would not work. In addition, their push could result in more spending and less and less control on that spending. I foresaw it almost a year ago, but as people ignored me and listened to these good weather forecasters on how the economy would grow, are now confronted with more and more bad news management. How the economy grew between 0.3% and 0.4%, so when we look at http://ec.europa.eu/economy_finance/eu/forecasts/2015_winter_forecast_en.htm, and we see a forecast that is written like “Growth this year is forecast to rise to 1.7% for the EU as a whole and to 1.3% for the euro area. In 2016, economic activity should grow by 2.1% and 1.9% respectively“, that 0.3% does not come close, and still these governments are living the gravy train, spending more and more and leaving the invoice for a next government who will borrow even more to deal with invoiced that cannot be dealt with. So how about taking away certain support. How about letting the people see in the street how the future is warped because the symbiotic relationship between nations and large corporations are no longer correctly honoured. Letting the system collapse is one option, letting the people die, so that those nurses can focus on nursing to true health, NHS systems on a global scale will have less and less costs and we can actually move forward.

We can no longer afford to be nice. If you doubt that, thank consider the title ‘Investors got ECB odds wrong but Draghi could pay hefty price‘ (at http://www.theguardian.com/business/nils-pratley-on-finance/2015/dec/03/investors-got-ecb-odds-wrong-but-draghi-could-pay-hefty-price), when we read “It’s hard to know who is most to blame: Mario Draghi, for leading investors up the garden path; or investors, for believing that the European Central Bank president’s talk of doing “what we must” equated to a firm promise of a bigger dose of quantitative easing“, in what way ‘bigger dose‘? We can’t even take care of the current dose and the investors want more and more and more. So, we need to think differently. When we get rid of a surplus population, more jobs, more rental places, less costs, which means lower debt options. The investors will go ‘Baahhhhh, humbug!‘, but only because greed is eternal and they require that extra cash.

When we start hitting governments a dollar for dollar (or pound for pound) option, the game will change and we will see additional false promises on how the economy will get sooo much better in 2017. I say, well, when those tax dollars come in, we can consider paying for certain treatments, only when those dollars (or pounds) are actually COLLECTED.

You know, I can already predict the answer, it will be some accounting stunt that allows for ‘spare change‘. If PriceWaterhouse Coopers comes with that option, you should ask how that worked out for Tesco, both them and the press will remains massively silent on either matter. So, we must change the game, as the players have changed the format of the game. We can’t change the players, but we can limit their actions, hence dropping services.

How inhumane is it? In equal measure I ask, how inhumane is it to leave a multi trillion debt to our children? Is Greece not a clear example, they will never escape the debt that previous governments left them, they will go through life blaming those not responsible, whilst not prosecuting those responsible, what kind of a future is that? At http://www.ibtimes.co.uk/greece-debt-crisis-athens-narrowly-passes-2016-austerity-budget-1532011 we see the title ‘Greece debt crisis: Athens narrowly passes 2016 austerity budget‘, you might think that this is good news, but so far all additional debts have been used to pay bills and pay for interest, Greece is not moving forward, which means that 5.7 billion in spending cuts is required, with one third of that as cuts towards the pensions, so the 10,000 not so poor Greeks are leaving, whilst leaving the rest to pay for an invoice no one in Greece can afford, it is not that far a thought that 2016/2017 will be the years when Greek youth, man and women will marry out of Greece so that they can have a future, reducing the future of Greece even further. Public debt will grow the coming year by another 8% towards 188% whilst unemployment will remain at 25%, so how is that any future? Statistica reported that the advantage of marrying a foreigner received 42% of the women and 33% of the men stating that ‘better education and social stability of the children‘ was received, only 2% for both gender relied on same religion, which could be a massive blow to Orthodox Greece. Whether this comes to pass is not possible to predict, but as options diminish, other solutions will be sought by those hardest hit, so is my leap of not caring for a collection of idiots that cannot accept responsibility such a massive leap? The Sydney Morning Herald reported in June (at http://www.smh.com.au/nsw/newtown-gets-busy-as-kings-cross-empties-20150619-ghseco.html): “According to NSW Bureau of Crime Statistics and Research numbers analysed by Fairfax Media, in the 10 months from April 2013 to Jan 2014 there were 86 instances of alcohol-related attacks in Newtown. From February 2014 to the end of November there were 102 attacks, an increase of 18 per cent. From January to March 2015 there were 34 assaults, compared to 27 in the same period the previous year“, so will the drunk tank be a solution? That remains to be seen, but I feel certain that the first hospital invoice to be paid upfront will definitely have an impact. As people get to pay $300 for alcohol treatment it will not go to bars, if they cannot pay, the drunk tank will be the route to take. How long until someone figures out that this lifestyle gets them killed? How about changing the lifestyle of binge drinking that has absolutely no positive impact other than a fake instilment of Ego?

We have tried all these soft labour solutions and none, I repeat none have worked. It is time that we employ different solutions.

I will be the first one to admit that it is as inhumane as it gets, but people are for the most massively stupid, especially when they are in groups, so as such less intelligent solutions must be considered. Perhaps it will work, perhaps not, but can we truly ignore the option? The cost for alcohol related abuse was $14.352b in 2010 (Australia, at http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi454.html), yet, can an alternative be found? Yes, there is one other solution, how about on June 30^th all Australian residents receive an additional tax invoice of $625. If over 80% pays it, we keep to the old system, if not we will try my option, dollar for dollar. If you are unwilling to pay one way, you get to pay another way. I reckon it will not take more than 3 months until 90% plus suddenly decides to pay that additional bill.

I prefer to let the debt die, not the people, but we are running out of options and those who should truly inform us are hiding behind experts who will treat us to carefully phrased denials, how is that leading to a solution? Yes, in this blog I phrased more questions than answers. I am pretty intelligent, yet a solution cannot be given until we make massive changes to the society we currently live in so that our children and our grandchildren will have any future. When you realise that we are getting to a point that it is proven, that making the life of a person negotiable is a lot less impossible than we ever thought, that will be the point that a push for massive legislative change is more likely than not to succeed, it is the one push big business cannot counter, some things can truly push a shadow over greed, we only have to be willing to push enough people into that shadow.

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Tagged as ATO, Australia, debt, ECB, Fairfax Media, Frankfurt, Greece, IBTimes, ICE, lawlordtobe, Madrid, Mario Draghi, Milan, NHS, NSW, NSW Bureau of Crime Statistics and Research, Orthodox Greece, Paris, Pricewaterhouse Coopers, SMH, Sydney Morning Herald, The Bruegal Institute, the Guardian, UK

November 17, 2015 · 23:03

Without even thinking

As I see it, Microsoft did not learn from the massive act of idiocy that Don Mattrick bestowed upon the Xbox One, when the quote “Microsoft’s Don Mattrick has addressed concerns about the compulsory connectivity requirements of Xbox One. ‘Fortunately we have a product for people who aren’t able to get some form of connectivity; it’s called Xbox 360,’ said Mattrick. ‘If you have zero access to the Internet, that is an offline device’”, the blowback in 2013 was massive and as such Microsoft had to take a few steps back, mainly because Microsoft had lost the trust of the people through the mere lust of data.

And now, without even thinking, Microsoft now does exactly that same thing as they rolled out Windows 10 on Xbox One. Once you have updated, you cannot play any games unless you have signed in online. A mandatory sign in! I reckon that Microsoft has now moved beyond a certain point, it is called betraying your customer base, so fuck you very much Microsoft!

Thank god there is Sony!

Without even thinking they pushed it out, forcing mandatory internet connectivity, the threat that made people jump towards Sony due to ‘the Mattrick equation’ will now assist to soar Sony’s PlayStation 4 even further. So if Phil Spencer gets a lovely bouquet from Andrew House we will all know the reason. So as this mistake was made just in time for the people of America just before Thanksgiving and for all other people before Christmas to cancel their Xbox One order and change their order to a PlayStation 4.

There will still be an issue for me; you see to keep the PlayStation competitive it needs a nemesis. If we accept that the Xbox will run dry another solution needs to be found. Perhaps Google will father a sibling next to their console and make one for true high level gaming. Perhaps it will be an upgraded Steam based reality, perhaps something truly new. They might be the only one who can replace Microsoft. I reckon that is not the only field where Microsoft will lose. As it has ‘mesmerised’ the media with a massively overpriced tabled with a soft keyboard (the Surface 3) at almost twice the price of the most powerful iPad, being at almost 400% of a Chromebook that can be stronger from the word go by inserting an $80 CF card you get the 32Gb storage the surface has (they have bigger models too), yet these CF cards can be switched in mere seconds. This is not me becoming anti-Microsoft, this is me informing the consumer that they should not take any ‘easy’ path but they should consider that alternatives should be considered. The fact that Microsoft becks out on their earlier promise, how long until they break other promises? What options will they have AFTER they paid $2293 for a Microsoft Surface Pro 3?

Yes, we cannot deny that there is still a market for Microsoft, but they are now pricing themselves out of a market by no longer being reliable, because how long until every device is forced onto the land of THEIR cloud systems and how private will your data be? Part of that was addressed by ZDNet today, the rest (the press at large) seemed to have ignored the Xbox issues. Perhaps they decided to hold out for advertiser’s funds like hungry debutants! Yes, the press is not the reliable force of true information it ones was.

ZDNET gives us another part that connects to this (at http://www.zdnet.com/article/microsoft-updates-privacy-statement-addressing-concerns-from-critics/), stating “Microsoft recently revised its global Privacy Statement, with a few minor changes and some significant additions aimed at cooling overheated privacy concerns“. The article is for the most about the user’s privacy and it goes into lengths to do that, so if you fear your ‘privacy’ then read the article and fear no more. The article addresses it quite clearly but then stops short of dealing with the mandatory login (which was not part of the article in all fairness), which is now one step away from ending preowned gaming. An entire economy now in direct possible threat.

But back to the consoles!

The fact that this escalation has happened is also a blessing now, because as people realise before Thanksgiving that whatever Microsoft device is gifted at thanksgiving, it will be the thanksgiving present for Microsoft, not for the intended person that would be the recipient of the console, so How crazy is that?

Thank god we have Sony!

Between now and late 2016, the PS4 will have 15 titles on its sleeve that are PS4 only, some of them have been jaw dropping, as such PS4 remains the compatible system that does not demand you to be online, yet until the Achievements remain offline, that part is not too realistic. Sony has in addition kept its word throughout the PS2, PS3 and PS4 era, something that cannot be said for Microsoft as the promised backward compatibility on the 360 was not delivered on and now that it has some backwards compatibility, the issue of being forced online is a massive setback to gamers all over the world.

Thank god we have Sony!

Sony is not without flaws either, yet this level of backstabbing has never been ‘offered’ by Sony, which gives Microsoft now a massive disadvantage with Thanksgiving and Christmas just around the corner, so the gap between Sony and Microsoft could widen even further. When we consider that Sony has a 2:1 growing lead and even as the Microsoft Marketing engine is trying to flog statements like “Sony PlayStation 4 sells 22 million, but Microsoft has backward compatibility“, whilst not revealing that online presence on a daily basis is now mandatory gives food for thought and the served meal is no longer that appealing.

In all this if Xbox takes another massive hit, so much the better, they need a little humbling experience, because even though the gamers tend to be online, to be forced there is not what they signed up for and if Microsoft is breaking its word, what else will it break its word on? Pre-owned games perhaps? Because if this is where gamers are going, they will be happy to switch trains any way they can. Microsoft just didn’t realise the impact of that move, the worse for them I say!

In the end, what are the fact of life? The people do not mind being online, they mind being forced there, no matter how we feel about some marketed stream of ‘media’ like the Sydney Morning Herald (at http://www.smh.com.au/digital-life/games/xbox-one-finally-finds-its-feet-with-backwards-compatibility-gamesfocused-dashboard-20151115-gkzq7p.html). Is it not interesting how Tim Biggs remained unaware how people MUST be online now so that they can sign in?

Thank god we have Sony!

Yet in all this, we have ignored an alternative player, perhaps they will come with a new console called ‘the Black Hole’, a device that equals the next ‘PS4+’ allows for gaming, internet and streaming. That has an interchangeable drive and can be the centre of your devices to you can synch your mobile and tablet. All things the gamer does, all this whilst he/she plays a game, by themselves or with/against friends. Connected was never the issue, it was the non-consensual part that had everyone miffed, so if you do something you truly want, yet you get there without consent, does that not equal getting screwed over?

They did that to you without even thinking and the press stayed silent how lame is that?

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Tagged as Andrew House, Chromebook, Don Mattrick, Microsoft Surface Pro 3, PlayStation 4, Sony, Sydney Morning Herald, Tim Biggs, ZDNet

August 31, 2015 · 01:41

And so it begins!

Even though Marine Le Pen still has to deal with her daddy, the one person who seems intent to drown the part his daughter was able to make a reality. His extreme approach was never going to work, now that she has shown this, his intention of making that future a non-possibility. Of course her opponents are happy as can be that Jean-Marie seems to go on tantrums making National Front seem too extreme, but the National Front members know better and soon Europe will know this too. What I predicted well over a year ago is still on course, and now, finally the press seems to take a little bit of notice. The quote in the French RFI is “French far-right leader Marine Le Pen has called for an end to all immigration to France, legal and illegal. In a speech aimed at rallying her Front National (FN) ahead of regional elections, she failed to mention her father’s expulsion from the party but did lay into immigrants, Islamists and President François Hollande” and “They don’t tell you this but the immigration situation in France is totally out of control,” Le Pen said at a meeting to mark the start of France’s new political season. “My aim is clear: to stop immigration both legal and illegal. The FN’s programme officially calls for immigration to be limited to 10,000 people per year but Le Pen went further, declaring, “We need national borders for France”“. Of course there is an issue getting this to move as Hollande is still president, but the clarity is a fact. National Front is now on the move, the data as given shows that the anger after the 21 August failed attack on a high-speed train from Belgium to France, France itself is becoming more and more extremely unaccepting regarding Islam extremists and foreign Islamists. Marine Le Pen called for “all foreigners on file for links with radical Islamist movements to be deported“, adding that ““radical mosques” should be closed and their imams be thrown out of the country if they are foreigners“. The French are realising that they got lucky, according to CNN “The three men — a member of the Air Force, an inactive National Guard member and a civilian” stopped what could have been a massacre. The French have had enough and so they should. This view, partially due to what seems to be President Hollande’s inaction. Whatever actions he undertakes now will only fuel the Le Pen campaign.

Now we have a problem, one that hits many others. If France remains on this course, England have no other option but to invoke Brexit. It needs to do so before Frexit becomes a reality. My reasoning is that whomever goes first will have the best options, not the worst options, after that the curve goes down fast. It is for that reason that I oppose the view from François Heisbourg in the Financial Times (at http://www.ft.com/intl/cms/s/0/20eb52bc-4cb1-11e5-9b5d-89a026fda5c9.html) the quote “It has a xenophobic and illiberal force all too keen to take advantage of popular fears about the impact of migration in the shape of the National Front (FN), Europe’s largest extreme right wing party, with a base representing some 25 per cent of the electorate. But, until now, Paris has not indicated that it has any clue how to cope“. You see, some might call it ‘xenophobic‘, yet this is the second attack within France and this one was almost successful. We should regard the circumstances a miracle, most will downplay the events into ‘the public can protect us‘ but in all, the governments failed and an open Europe is a dangerous situation, not all nations have the benefit of a tunnel and 5 ferries. Many other places are leaky as a sieve. France has entry points from many overly liberal nations, Belgium, Germany, Switzerland, Luxembourg and Italy. Belgium also gives access for the Netherlands and the boats are pouring into Italy. France no longer feels secure and yes, it is clear that National Front is pressing that issue as the Financial Times states, but is that fear incorrect or inaccurate? In addition the quote “Europe’s leaders need to live up to our responsibilities as humans and as neighbours, assume part of the burden, and talk straight to the electorate. Continued European and French fecklessness will only improve the far-right’s prospects of success, and will deepen what is already an unprecedented crisis“. This sounds very logical and ‘civil’, but Mr Heisbourg forgets that as the Chairman of the IISS and of the Geneva Centre for Security Policy he lives a nice sheltered life in the areas of far higher income then most others have. I will immediately agree that the bulk (let’s say 99%) are true refugees hoping for a better life, it is the 1% that is a problem, moreover, if we should learn anything it is the fact that most European nations do not have any level of infrastructure to take care of these refugees. That is the part many are ignoring. It is a direct consequence of bad budgeting. France and Italy are direct examples of evidence here. The UK and Greece are also in a place where funds are lacking. Together we are looking at close to 7 trillion in debt, in all that those governments are seeing an influx of thousands of refugees trying to find a future whilst support is no longer a financial option. Interesting how so many players ignore that part in all this. Yet the people of the UK, France, Italy and Greece see the immigrants for what they perceive them to be: “a direct threat to liveable income” any refugee who is sincere in his travel is also sincere in finding a job, a way to support their family. One in 10 in Europe does not have a job, any job given to them will be another job not going to their own citizens. This is a warped number as these people are often not equipped to do most of the jobs but the low schooled ones, bring a wave of fear to those in lowly paid jobs, fuelling places like UKIP and FN, which is why the French issue is escalating. What is not clearly shown is the effect that 270,000 refugees in Greece and Italy alone have on the EEC. I understand that people like François Heisbourg have an idealistic view. For the most people like him truly believe in that vision, but as governments cannot maintain their budgets, as large corporations are paying less and less taxation and as they fuel their own board of directors, governments at large no longer have any proper means to support such an influx. Whatever these people tell you, whatever fairy-tale you get told, realise that 270,000 people will cost us between 270 and 500 million each month. So this takes up to 6 billion a year and that is just from the present group, now add the 2014 group and in addition the people that will come in until December. Now explain to me how these nations who are already missing out on billions a year will add that to their invoice?

In all this, the people all over Europe see their cost of living rise, their past income is not coming back and the financial troubles for Europe are only just beginning. The Chinese market is a mess and it will influence the American market too. To what extent? I cannot tell, I actually do not know, but what I do know is that any change in the EEC will have a massive influence on the American bubble and the American way of life. Most of these facts have been ignored by many players of the media, there was always a whiff of ‘prosperous foresight‘, followed soon thereafter by ‘managed bad news’. Now as more and more people feel the pinch of non-sustainable cost of living, their Samaritan tolerance went straight out of the window.

With the Chinese market in turmoil, Germany, France, the US and the UK are now feeling the dangers that a collapsed Chinese market brings. The 0.7% growth in the UK could soon become a negative number, fuelling fears for the people who are not even close to move out of the valley of debt. With that fear in the UK, the fear in France will grow even faster and Germany will soon fill the ranks. We are so willing to be Samaritan when our lives are decently secure, but that is no longer the case and François Heisbourg should know this. Yes, they are correct that some places like Calais are incidental, but overall 270,000 people are not incidental and that number is only a small part of the entire collection.

These ignored facts and half-truths all moved under some rug is part of all the events that allow for groups like National Front to grow the way it does. This all falls into nothingness when we realise the millions, yes millions of refugees in Jordan and Lebanon. If you think the price from Europe is high, then what is the price that falls in those two nations? Even if we do not completely ridicule the statement in the Sydney Morning Herald, where we see “Alarmists overstate risk of deluge in West from refugee ‘flood’“, we see a flood of ’emotional’ statements like “Australia could relieve some of the pressure on Europe by taking in several thousand genuine refugees to resettle here” and “Everyone has the right to seek asylum, the hysteria over the tiny minority around the world who do so by sea is bewildering when we consider people have been sailing around the world for centuries” (at http://www.smh.com.au/comment/smh-letters/alarmists-overstate-risk-of-deluge-in-west-from-refugee-flood-20150828-gj9urp.html), all nicely ignoring the fact that this planet is not at 5.7 billion as it was in 1995. No, 20 years later when it is 7.3 billion. Nearly all the nations are deep in debt and their infrastructures can for the most not even contain its own population. If the people truly, really truly wants to be humanitarian, then get a majority to agree to a 10% rise in taxation. No, that will not do either, that money will have to come from the rich. 4,000-10,000 will have to pay for billions they do not have. A social structure that failed from the get go, because those so into support of that, have been unable to cull business by properly taxing them. Labour giving billions in subsidies, draining the treasury coffers. They did this in Australia, the UK, the Labour way and now as there is no money they all cry foul. Is that not weird?

The initial issue of budget, no one seems to be able to do it and now, as there is no money left, they all wonder where our humanity remains. Well, that went to the car factories so that they got to make a car $1900 cheaper and now they moved to Asia. The UK has the Flagship £1bn youth unemployment scheme, as well as the issue that Prime Minister David Cameron has failed to curb welfare spending. That is not an attack or a bad thing. It is a mere consequence of the economy in the UK that only appears to be growing but it is nowhere near where it was and the people in the UK are for the most down in their finances and will remain to be so for at least a decade. As such, the infrastructure suffers as loads of money basically go down a drain. In all this we hear about the need for humanitarian aid, but none of the treasuries has the funds to allow for this. It is the most basic of failings, perpetrated by governments on both sides of the isle for the better part of 2 decades. It is not about blame, it is about the reality that the bulk of people are ignoring. In the end most lives depend on what a spreadsheet allows and none of them have allowed for any substantial space for ‘the budgeting of refugees’ a massive failing. I wonder if the power players hoping for an Arabian spring had any idea the massive backlash their actions would have. Now well over 200,000 killed and millions displaced, with no end in sight. When the millions of refugees start dying of starvation, or disease, where will the humanity of our soul be budgeted?

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Tagged as Australia, Belgium, Brexit, Chairman of the Geneva Centre for Security Policy, Chairman of the IISS, CNN, David Cameron, EEC, Europe, FN, François Heisbourg, François Hollande, France, Frexit, Germany, Greece, IISS, Italy, Jordan, Lebanon, Marine Le Pen, National Front, President Hollande, Prime Minister David Cameron, RFI, Switzerland, Sydney Morning Herald, the Financial Times, UK, youth unemployment scheme

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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Tagged as Allen Lew, femtocells, Foad Fadaghi, Huawei, Huawei E5377 WIFI Modem, Huawei P7, Optus, Optus Shops, Optus Yes, Singtel-Optus chief executive Allen Lew, Sydney Morning Herald, Telstra, Telsyte, tri-band carrier aggregation

July 27, 2015 · 09:57

Soliciting the gay vote

It started innocent enough. I was just going over my tweets, seeing what happens and then suddenly something odd happened. I saw this tweet go by: “Wow Plibersek is actually refusing to support binding the ALP in favour of marriage equality“, which seemed odd. So I took a look at the facts (you know, the arrangement of letters in an online newspaper), which got me these quotes from the Sydney Morning Herald “Bill Shorten has narrowly avoided a Left faction attempt to immediately bind Labor MPs to support same-sex marriage equality from the next election onwards but the affirmative policy will still become binding on Labor MPs within four years” and “But while the hybrid voluntary-compulsory formula is a win for Mr Shorten who publicly opposed a plan initially backed by Ms Plibersek to bind Labor MPs immediately, the prospect of mandatory policy by 2019 may also offer Mr Abbott the political cover he needs to deny his own Liberal and Nationals MPs a free vote in this Parliament“, which gives me the opposite. So be wary of some tweets on twitter, for me, with a giggle I say, there you go putting your faith in a tweet that comes from a person who openly heralds ice cream and gossip girl in his profile (which he’s allowed to do of course).

Yet, it is not about the tweet, it is about the information that it brought bare, the ugly truth of solicitation, especially when it is for votes. You see, I am all for the act (I am actually not against it, which is not the same), but in the end, whatever makes a person happy and as long as it does not hinder my way of life I say: live and let live!

Yes, life is often this simple, when an act, a choice of life or a preference is no real danger to other people, when it is no hindrance of your lifestyle, why object to it? Especially when part of the hetero sexual community states it is ‘so bad’ for healthy marriages and they screw up their own relationship all by their selves. The clear statistic of 40% divorce should be the indication that the hetero sexual seems clueless on what they are doing and how to do it right, but that might just be me.

So back to that same sex thing!

How did I get to the solicitation part? That would be the clear issue. Consider that the Labour party has been screwing up their side, whilst in office between 2007 and 2013. Senator Nettle, a member of the Greens in New South Wales introduced the bill (at https://www.comlaw.gov.au/Details/C2007B00038). So there it stayed for a very long time as you can see. So whilst Heavy Kevvie and the Bushfire Blonde were fighting over who was top dog in the PM residence (Kevin Rudd vs Julia Gillard), we now see another wave of Labor members stating half- baked intentions, basically soliciting (as I see it) for the office of governing through ‘the Gay’ vote.

Even in opposition they will not come out for the bill and they need a compromise, if it is so important, why was the act not made law in 2008 or 2009? Now we see in the very beginning of the Sydney Morning Herald “Bill Shorten has narrowly avoided a Left faction attempt to immediately bind Labor MPs to support same-sex marriage equality from the next election onwards but the affirmative policy will still become binding on Labor MPs within four years“, so I can guarantee my British readers that our Labor party is in a bigger mess then the UK version! (I end this with a hefty nah nah nah nah nah)

Then we get the next quote “And Mr Shorten has pledged that a Shorten Labor government would move to make it law within its first 100 days“. ‘Move to make it’ is not the same as ‘making it law’, it is just the introduction for it and the fact that there is a left and another faction within labor, that means that enabling the act is not a guarantee. If the Australian Labor Party (ALP) does the same iteration of non-sensible overspending the moment they get into office, that act is not a guarantee at all (they will suddenly have other ‘priorities’). If you want to see that evidence, then check out the Marriage (Relationships Equality) Amendment Bill 2007 and how it stayed untouched throughout 2 terms of office, in addition, we can watch the news on May 21^st 2013 when we saw (I mean read) ‘Kevin Rudd declares his support for same sex marriage‘ (at http://www.news.com.au/national/kevin-rudd-declares-his-support-for-same-sex-marriage/story-fncynjr2-1226647193111). It must have been an election year. Oh wait, yes, that is what it was! His support came 12 weeks before the elections, yes! Way to go Kevvie, trying to score votes, were you?

As I personally see it, if the gay community wants that act to become rule of law, than my advice to them is to get rid of Bill Shorten now and make a vote for either Tanya Plibersek or Penny Wong. It seems to me that they wanted to bind this achievement as mandatory, there is an additional need to change now, because the SMH quote “However, after that, a positive vote for the reform will become mandatory for all of ALP parliamentarians, meaning any MPs voting against it on religious or other grounds would face automatic expulsion, consistent with long-standing ALP rules“, so basically Bill Shorten does not want to get tied down now and hide behind the mandatory vote later on, how is THAT the definition of a leader?

Is it not interesting how these ‘long-standing ALP rules‘ were able to stop the Labor Party from enacting the Marriage (Relationships Equality) Amendment Bill 2007 during their last two terms?

In all this, it also seems to me that of all the political weights throwing themselves as so ‘equally’ minded, it was a Green, Kerry Nettle who introduced the bill, so I think that Labor is nowhere near out of the woods and even though it seems to me that both Penny Wong and Tanya Plibersek are hard on board to get the act stronger and enacted sooner, the question must remain, why was Bill Shorten in any way opposed? Consider the quote from the Age “Bill Shorten has made a last-ditch appeal to his colleagues not to adopt a binding vote on same-sex marriage amid renewed speculation he could be defeated on the issue on the floor of the ALP national conference“, it seems to me that all Labor party leaders prefer to keep the ‘Gay vote’ at hand, but not at their sides, which is odd to say the least. In all this, we see both Penny and Tanya fight for the vote, but the skeptical soul in me does wonder whether this was for marriage equality or to dislodge Bill Shorten from his leadership seat? There is no given info whether that was ever the case, it is just my suspicious nature in all this.

No matter what happens next, if marriage equality does not come now, it will be the main event for debate towards who gets to be elected into office in 2017. To me that sounds like the wrong way to get an act into law, but that could just be me.

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Tagged as ALP, ALP national conference, Australia, Bill shorten, Greens, Heavy Kevvie, Julia gillard, Kerry Nettle, Kevin rudd, Marriage (Relationships Equality) Amendment Bill 2007, NSW, Penny Wong, Senator Nettle, Sydney Morning Herald, Tanya Plibersek, the Age, Tony Abbott

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

“The carriage service provider must adopt and reasonably implement a policy that provides for termination, in appropriate circumstances, of the accounts of repeat infringers“
“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 23^rd 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 1^st. 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?

It might be a movie piracy case in the UK, but the result will hit Australia sooner rather than later and vice versa.
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?
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?
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 3^rd 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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Filed under Gaming, IT, Law, Media, Politics

Tagged as Alan Morrison, Australia, BitTorrent, carriage service provider, Copyright Act 1968, copyright infringement, Ex Machina, Federal Attorney-General George Brandis, forensic computer analyst, George Brandis, Graham Burke, Hurt Locker, iiNet, infringement, Lawdit Solicitors, Malcolm Turnbull, Matthew Deaner, Michael Coyle, Nicolas Chartier, Optus, Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23, Robert Redford, Screen Producers Australia, Sky Broadband, Sydney Morning Herald, Telstra, The Atlantic, Torrent, TPP, Trans Pacific Partnership, Village Roadshow, Voltage Pictures

May 29, 2015 · 23:09

Condoning corruption!

There is no escaping the news, FIFA is currently getting smeared all over the place, but before we start painting the roses red, the question we must ask is who are we trying to appease?

Our own sense of morality perhaps?

My first writing on all this started on March 19^th 2014 in ‘Any sport implies corruption!‘ (at https://lawlordtobe.com/2014/03/19/any-sport-implies-corruption/), There I looked at the first allegations against Qatar. The evidence presented was highly debatable. It took me to a response Lord Denning gave in the trial Miller v. Minister of Pensions [1947] 2 All ER 372. The statement was “more probable than not”. In the end, I had reservations on whether Qatar was guilty of bribes. I finalised my view with “it is more likely than not that three people were falsely set in an illegal light so that several unnamed persons could walk away with many hundreds of millions of Euros“. My view was apparently a lot more optimistic!

Now we get to the news of the last few days.

On May 27^th FIFA officials get arrested on corruption charges. (06:00)
On May 27^th Criminal investigation into 2018 and 2022 World Cup awards opened (09:30)
On May 27^th FIFA presidential election to go ahead, no 2018 and 2022 World Cup revotes (10:30) (source: http://www.espnfc.com.au/)

At 14:30 4 members, Chuck Blazer, Jose Hawilla, Daryan Warner and Daryll Warner plead guilty. So, even as daddy Warner proclaims his innocence, it seems that he was able to instil values of corruption in his boys. However just now in the Wall Street Journal (at http://www.wsj.com/articles/three-men-with-ties-to-former-fifa-official-aided-probe-1432859617) gives us the quote “businessmen who have been involved in ventures…including ventures involving their father”, which gives way to daddy Warner being in water a lot warmer than he might find comfortable. But in all this, the disturbing part is not the fact that FIFA seems to be corrupt through and through, it is odd in my view that this has been going on under the watchful eye of police forces all over Europe, as well as Interpol. These events were all brought to light by the Federal Bureau of Investigation (of FBI for short). Is that not puzzling? I was not the only one thinking this. A similar thought came from Chris Bryant MP (at http://www.bbc.com/news/blogs-the-papers-32925653)

When we consider certain facts.

From USA Today we get “Blazer was a member of the FIFA Executive Committee from 1996 to 2013, when he was replaced by Sunil Gulati. That same year Blazer was accused of taking over $15 million in payments from FIFA over the course of his tenure and was suspended“, so now suddenly he is regarded as a ‘Report: Former FIFA executive-turned-informant‘ and he had a $6000 apartment for his cats! So, basically he had a pussy place for that cash? Yet the part that is linked here is “CONCACAF’s offices took up the entire 17th floor, but Blazer often worked from two apartments where he lived on the 49th floor“. It seems to me that there is a lot more going on here. Is it perhaps (mere speculation) that certain meetings were to be taken in a deniable setting? More important, I get it that the FBI caught on, but why did the Police forces all over Europe remain blind to all this? In addition, this also brings the entire Michael Garcia debacle again into focus. The fact that this level of corruption had been going on, and as far as we can tell, it happened under the nose of Michael Garcia. When we consider he had been digging into the entire corruption issues for both 2018 and 2022, it seems odd that no flags were raised when we consider the lavish lifestyle of some members. The fact that his appeal to publish the entire document he worked on was overthrown, now these people will get to explain a lot as the corruption scandal spins out of control and anyone now trying to withhold information could end up painted black by the ‘corruption brush’!

It is Attorney General Loretta Lynch who says it best: “It spans at least two generations of soccer officials who, as alleged, have abused their positions of trust to acquire millions of dollars in bribes and kickbacks”, so over two generations, decades in activities and the President Sep Blatter remains blind to it all? I am not stating whether he was involved, that is up to the FBI and they did not find anything, the fact that he should have been aware something was wrong is ample evidence that Sep Blatter is nowhere near fit to preside over FIFA. Not when something like this goes on for decades under his presidency.

If we accept the view from the Guardian (at http://www.theguardian.com/commentisfree/2015/may/28/fifa-expose-british-press-andrew-jennings-sunday-times-corruption-fa), where we see: “Andrew Jennings, 71, who has traced Sepp Blatter’s footsteps for more than a decade. Jennings worked for the Sunday Times and BBC’s Panorama. His BBC film about FIFA corruption, The Beautiful Bung, appeared as long ago as 2006“, so as we consider these facts and the fact that this happened, for a large extent under the eyes of Sep Blatter, as we see that he had made no moves since the 2006 film, which should have been an eye opener for him, Scotland Yard and Interpol, but it was the FBI in 2015 who got it done!

Is there no blame? With this level of negligence? I hardly think that is the case and as I see the presidency of Sep Blatter should be cut immediately. In addition, if FIFA wants to regain any level of credibility, it has in my view, no other option but to publish the full report by Michael Garcia. You see, what is in there will be revealing, but I feel certain that what is not in there might be worth even more. Because all this happened, because certain steps were not done and even the tail coat of Michael Garcia is very likely to get smudged. Now let me be clear, I do not believe that Michael Garcia did anything wrong, yet as he started his role in July 2012, he must have had a few thoughts on how he can remain so isolated from the entire pack, as it was devouring the better part of 150 million. Red flags should have been raised in the corner of his eyes, but that might be just me speculating!

The other part hit me when I read the article “Chuck Blazer: FIFA ‘supergrass’” (at http://www.bbc.com/news/32913599), when we consider the quote “it was at this time that Blazer signed a contract with Concacaf that entitled him to 10% commissions on all sponsorship and TV rights deals through his company Sportvertising, giving rise to his nickname of ‘Mr Ten Percent’“, so he gets 10% and still he gets on the Trans Corruption Express? In 2011 he gets the option to become the inside man, the informer. It seems to me that this person has been given a way to lavish life, with 2 repayments. The first one of 1.9 million and another one still to come. I reckon his attorney will use the ‘colon cancer card’ for maximum effect.

I reckon, the FBI did in light of the inaction by so many others, a great job!

The question on everyone’s mind will be regarding the future of FIFA, because without a complete overhaul and without a complete rewriting of the rules, there is every chance that FIFA might not be tolerated any further. There is one more matter, which was set at http://www.theguardian.com/football/2015/may/28/australian-police-asked-to-investigate-500000-payment-to-fifas-jack-warner. Here we see ‘Australian police asked to investigate $500,000 payment to FIFA’s Jack Warner‘. So this is another ball game. My question is in the first degree, what was the payment for? Was there a receipt? The Sydney Morning Herald had an interesting part: “The $500,000 payment by the FFA to a football association bank account controlled by Warner – a payment ostensibly made to redevelop a stadium in Trinidad and Tobago“, so why was the Football Federation Australia paying to redevelop a stadium there? The second quote “The FFA on Thursday defended its failure to report the matter to Australian or US police on the basis that FIFA – the organisation now at the centre of an international corruption storm – asked them not to” is even further troubling. Basically, FIFA officials seem to get away with it, the moment the word ‘FIFA’ and ‘request’ are mentioned together, the simple application of Common Sense went straight out of the window.

Even though there will be no resetting of 2018 and 2022, issues still need to be addressed. There is now an additional side to all this. Editors seem to forget at times what they do, but let me remind you regarding the article I wrote on November 14^th 2014 called ‘Sacking the editor?‘, in there Martin Ivens is quoted by Reuters: “Britain’s Sunday Times newspaper reported that some of the “millions of documents” it had seen linked payments by former FIFA executive committee member Mohamed Bin Hammam to officials to win backing for Qatar’s World Cup bid”, is that not interesting? So, did the police act on any of that? Is it perhaps possible that the allegations from a newspaper actually hindered a criminal investigation? It is hard to say as the direct facts are murky (and my view on UK Criminal law is murky too), but it all gives way to a hidden stream of events under the FIFA tsunami that is now hitting the press. Has the press shouted ‘wolf’ so often that certain officials stopped acting? That is the direct question here, because the indignation that Chris Bryant MP voiced (Labour) is very real. Why did the FBI solve that what should have been squarely in the corner of Scotland Yard and Interpol. Andrew Jennings is only one of many sources that seem to have been ignored by many people and players on numerous levels.

So, are we condoning corruption? Before you say ‘no’ consider how long this issue was unattended and the fact that the FIFA president, who remained oblivious to the entire matter is at this point likely to be re-elected calls for even more questions. The last part was released half an hour ago. We must give option to refer to the Serious Fraud Office with some laughter as it is now assessing the ‘materials’ which give voice to the fact that Barclays, HSBC and Standard Chartered Bank were used to transfer cash. Didn’t we see two of those banks in other ‘issues’ involving cash?

Is anyone else finally waking up?

The Original Indictment: fifa-indictment-webb-etal

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Tagged as Andrew Jennings, Attorney General Loretta Lynch, Barclays, BBC, Chris Bryant MP, Chuck Blazer, Concacaf, corruption, Daryan Warner, Daryll Warner, ESPN, ESPNFC, FBI, FFA, FIFA, FIFA Executive Committee, FIFA president, Football Federation Australia, HSBC, international corruption, Interpol, Jack Warner, Jose Hawilla, Lord Denning, Martin Ivens, Michael Garcia, Miller v. Minister of Pensions, Miller v. Minister of Pensions [1947] 2 All ER 372, Mohamed Bin Hammam, President Sep Blatter, Qatar, reuters, Russia, Scotland Yard, Sep Blatter, Standard Chartered Bank, Sunil Gulati, Sydney Morning Herald, The Beautiful Bung, the Guardian, Wall Street Journal

May 11, 2015 · 15:53

Another online danger

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

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

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

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

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

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

Let me give you an example.

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

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

What are those reasons?

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

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

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

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

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

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

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

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

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

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

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

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

How do these elements link?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Tagged as 2011 BSA Global Software Piracy Study, Adobe, Apple, Ashton Tate, Atari 2600, Attorney-General George Brandis, Australia, Blu-Ray, Bullfrog, Business Software Alliance, Com Hem, Corel, Denmark, Digital Rights Management, DRM, Dungeon Keeper, Enix, George Brandis, HERO, IBM, Jeffrey Bleich, Julian Assange, Kazaa, KPN, Lotus Development Corporation, Macromedia, Malcolm Turnbull’s anti-piracy forum, MSDOS, Napster, Netherlands, Novell, Office 365, online presence, Oracle, Peter Molyneux, Playstation, playstation 3, PlayStation Home, PS3, PS4, PSN, Recording Industry Association of America, RIAA, Samsung, Silent Hill, Silent Hill Playable Demo, SMH, Sony, Sweden, Sydney Morning Herald, TDC, Tele 2, Telstra, TPP, Trans Pacific Partnership, Wordperfect, Youtube

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