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There is news, there is always news, yet now we have different news. The news that matters is not the direct given news, it is merely what we see here that becomes a consequence for a longer setting and it has happened before.

We start with Arab News who gives us: ‘Huawei’s US blacklisting row has little impact in Saudi Arabia‘ (at http://www.arabnews.com/node/1503431/saudi-arabia). Yes, there is little impact and that is not weird or amazing, it merely is. Yet the news is still important for other reasons. The quote “The US wants to remain a leading source of technology around the world, even though China is working hard to create a new leadership in (the sector)” by Majed Al-Hedayan is not that accurate, the intent to be a leading source is there, yet the patent applications from the last 5 year show that the US stopped being the leading entity in that regard in 2015, Asia (mainly China) surpassed them with a large and comfortable margin, a big chunk of the Asian patents are with Samsung, which is also important to note.

The issue is not seen here, merely the impact and the response from the consumers. What happens when we combine this with the Guardian (at https://www.theguardian.com/technology/2019/jun/06/chinas-huawei-signs-deal-to-develop-5g-network-in-russia) giving us: ‘China’s Huawei signs deal to develop 5G network in Russia‘, now it becomes a new stage. It is not easy to explain, however I will get you all there. The first instances of Russian pressures to gain new momentum in the Middle East were seen in March 2018 in ‘The Global Economic Switch‘ (at https://lawlordtobe.com/2018/03/06/the-global-economic-switch/), we see the first elements of a failing Trump tactic. My quote, which uses some of the source CNBC information gets us: “we are treated to “The partnership with OPEC, led by Saudi Arabia, allows Russia to strengthen its hand in the Middle East at the same time the U.S. role has been diminished“, the diminishing of the US as stated by other sources closes doors to the US on several shores, a dangerous change that comes at one of the least fortunate times” that shift grew as President Putin decided to rely on his favourite pit bull (Dmitry Utkin) to make waves in Syria, after which Russia stepped in and decided to ‘assist’ President Bashar Al-Assad. Russia has one advantage; the Syrian army is completely unable to properly wage war which was seen after rebels launched a surprise counter-attack on the village of Kafr Naboudeh. They were presented with well-equipped and troops that were dug in. Yet those were pushed into running like a jackrabbit, rearming the rebels with heavy weapons that they had left behind, weapons that found an eager target in more Syrian troops. Both the fact and the stage are important as it requires Syria to facilitate for Russia in more than one way. In addition I gave the readers initially: “Yevgeniy Prigozhin and Dmitry Utkin allegedly have been preparing to grow an ICT/Mobile infrastructure in Syria, that whilst construction fortunes would be coming their way too, the entire growth with Saudi Arabia as an optional side allows those two to split a few billions between the two of them, whilst at the same time growing the other fields they have access to and get a seat at the Saudi Arabian table at the same time“, several analysts laughed and sneered at me with the topic mention that I had no clue what was happening and it would never happen. So now we move to February 2019 (a year later) and we see (at http://scbc.sy/en/2019/02/20/russian-companies-plan-to-build-construction-projects-in-syria/) where the headline ‘Russian Companies Plan to Build Construction Projects in Syria‘ graced us all. So when I read: “Russian construction companies are planning to build three- or four-storey buildings at low prices, all delivered in record time, 37 days for construction“, I must be imagining things. The fact that it was a not a  no-man show, but we see: “In the presence of the Vice-President of the Chamber for International Affairs and Chairman of the Chamber’s Building Committee, Dr. Luai Yousef, Director General of the Russian-Syrian Business Council, discussed with the heads of Russian contracting and reconstruction companies the necessary mechanisms to start the work“, we see ego and profit in place for the right facilitation, so far I am 2-0 on those paid to know this, And I was a year ahead of them.

The second stage

It is here that the Guardian takes its entrance to ‘China’s Huawei signs deal to develop 5G network in Russia‘ (at https://www.theguardian.com/technology/2019/jun/06/chinas-huawei-signs-deal-to-develop-5g-network-in-russia). Now we see: “the development of 5G technologies and the pilot launch of fifth-generation networks in 2019-2020”, MTS said in a statement on Wednesday“. Now the game changes, especially ‘as this has happened before‘. Most might not know this, but in the early 90’s America tried to keep IP progress away from Russia, and as such it was close to impossible to find a decent PC in Russia. That changes when Toshiba decided to do business in Russia. Within 3 years everyone on the planet knew about Toshiba. Rugged laptops that were stern were seen all over Europe and with Russia being an exclusive client the power of Toshiba grew; within 5 years they were in the top 5 of laptops and there they would remain for a while. This situation now repeats itself with Huawei being in Russia and the Middle East (Saudi Arabia & UAE) as well as still growing in Europe. And even as the US will make fun of the fact that there are at least twice as many Americans than Russians, the fact that American companies cannot go to Russia and Huawei is set now in a similar exclusive stage (like Toshiba was) gives rise that the revenues of Huawei will go through the roof this year. It becomes a larger issue as Trump’s ban on Huawei is countered by British officials seeking answers (no real ones will be coming). Huawei has an advantage through Russia giving rise to even more business. The non-tactical option for America to remain the leading technologist was never going to happen, not in the state the US is; with AT&T settling out of court their 5G deceptive conduct. Even as we are told: “we have amicably settled this matter” by an AT&T spokesperson, no one is asking questions on who has an actual full powered 5G in America. That stage is not improving when we see only two months ago: “Trump said the U.S. will cut regulations and free up spectrum for 5G technology amid tight competition with China and other nations to develop the next generation of telecommunications infrastructure“, the fact that this still had to happen 2 months ago shows the lag and the delays that the US faces. The headline ‘FCC Vows 5G Networks Will Be a Private Sector Project‘ does not make matters speed up (source: Forbes). The part everyone (most of them) ignored is that Huawei holds a little over 15% of all the 5G patents that are out there, so anyone who wants to get ahead is either facilitating to Huawei or pretending to be their best friend, obviously the US cannot apply for that position. As I personally see it, America is bogged down on second grade equipment for now and that setback will bite. That was always the setting and now that the push is becoming more and more visible we will see that Russia met with the winning team and thought it was a good deal, for them it is as it opens up all kinds of partnerships with the Middle east in construction and optionally 5G deployment, so Halliburton eat your heart out!

Is it still a surprise why I gave Huawei first option (2nd place went to Google) to my IP?

Until three months ago there was close to little option for Russia to make headway into Saudi Arabia, now with US Senators trying to block arms deals that is no longer a given. If they succeed, the entire collaboration of Huawei and Russia could give more options to Russia down the road. In this American policy has staggered in a stage of ‘Think Local Act Global‘, whilst the world is in a stage of ‘Think Global Act Local‘ and so far American politics has not evolved to the degree that where need to contemplate that there was a price for a decade of complacency, the consequences of these actions is like watching a train called America stuck in Nowhere Town, whilst the express trains called Huawei, China and Russia are now passing them by at high speed towards the destination of a place some call Opportunity city.

Whilst everyone shrugs their shoulders and wonders if it matters, consider that the US has a $22 trillion debt do you think that the US will not feel the pinch of losing billion after billion in trade with Saudi Arabia and the UAE watching their options go to China and Russia? The fact that with every quality delivery Russia gets more and more contracts regarding 5G embedded construction; as well as more Saudi Construction offers for Neom City? When that seriously starts to shift, Saudi Arabia ends up holding one nice Trump card (pun intended), when it comes to Russia, we a nations that driven to pragmatism, so as these offers go their way, there is every chance that Russia will drop Iran like a bad habit, in the end Russia already refused Iran the S-400 solution, which would have struck a positive note in Riyadh, I am certain of that part. Iran is not merely a bad player, they are clueless how to play the game to begin with; their actions involving Hezbollah was evidence of that, now with Russia pushing towards alternative directions Iran will lose more, as does the US, so it would be a win-win for both Russia and China.

A lot of this could have been seen in advance, some of the events were foretold by me a year ago (not the Huawei mess though), with these pieces on the table, why push? I never opposed the view Alex Younger had, because that is a national policy that makes perfect sense (but not the best stage for the UK at present), the American pressure was founded on no evidence and now it could cost them a lot more. There is even a third danger, even as everyone depends on Qualcomm, the stage is now set where Huawei has to design its own version. The problem is that through limitations people find creativity, we saw that in the old 8-bit computer age, the 16 bit added to that and not because of resources. It’s when we are pushed into a box of limitations at that point we will truly focus on innovation. For example Disk Doubler was a direct result of the limitations that a 20MB hard drive had. When you consider that a 10Mb drive on an original PC was $1500, the solution started to make sense really fast. It did not come that early, but in an age where the norm of a drive was 20MB and these drives were $10-$20 per megabyte. So when Huawei gets pushed into a corner, there might be a little lag, but the makers of 5G will find a solution, when that happens Qualcomm will suddenly have a much larger competitor and they aren’t the only player. What most failed to see is that the latest growth of Qualcomm was not them, it was buying others. Since 2011 Qualcomm took over 21 companies. Rapid Bridge, Ubicom, Orb Networks, Stonestreet and CSR pls to name a few for amounts up to $2.5 Billion, that kind of knowledge left them with spillage (unflattering term for lost knowledge), it is corporate brain drain that spillage will find another player and to some degree it will do just that. Now that someone shut the door on them implies that they will need to find alternatives and Huawei is more likely than not doing just that.

Even if their mobile markets does take a temporary dip, their 5G technology does not and in the end Huawei has an advantage, now with the growing partnerships with Russia and the Middle East that advantage might actually grow, and at that point the game changes. The implied evidence is already there, but the actual evidence will have to wait. We should also consider that Qualcomm derives most of its revenue from chip making, whilst the bulk of their profit comes from patent licensing businesses. The fact that patents are the profit is the issue, Huawei has the jump to some degree and should they resolve the patent issue, Qualcomm will see a fast growing drop in revenue, shortening their profits even more, so now they will need to address their cost of doing business and that will bite them hard. No matter how their $22.73 billion revenue continues. The fact that patents are profit and should Huawei find any solution, Qualcomm will face hard hits in an area where being nice was the only option, and it will not be a smooth one, it will hit hard with every patent that Huawei files. Blacklisting Huawei will have a much larger impact than anyone expected. Qualcomm had a -$5 billion in net income last year, so if the patents are their profit and Huawei gets even one patent validated in the field of Qualcomm, how much do you think that impact will be?

Another side is seen through CNBC, where we are confronted with: “They’re making some power moves right now and the ultimate power move would be to ban iPhones. Now if that happens, this thing goes down to $130“. This threat is actually more real than some think and the impact is also larger. We could be faced with an Apple Inc. in dire need as it loses 30% value and that is nothing to be laughing at. The ramifications of that act will be a global one. Samsung as a Korean player will laugh on the side as people will have to make a choice, but damage to Apple to this degree was never considered. And that is not all, there is one more play for China, Business Insider informed us last week (at https://www.businessinsider.com.au/china-rare-earth-list-of-us-products-could-affected-2019-5) that ‘Here’s a list of American products that could be affected if China banned rare-earth metal exports to the US as a trade-war weapon’. The realisation that “Eighty per cent of US imports of rare-earth metals come from China, according to the US Geological Survey”, now consider the small fact that “Yttrium, europium, and terbium are used in LED screens, which you can find on most smartphones, tablets, laptops, and flat-screen TVs. Their red-green-blue phosphors help power the display screen, according to a 2014 US Geological Survey fact sheet. Those elements are also used in iPhone batteries and help make the phone vibrate when you get a text, Business Insider’s Jeremy Berke reported.” When you consider these parts and when you realise that Apple has no option to replace those parts at present, in Addition, consider all the other smart devices in circulation that rely on these materials, how infinitely stupid was this trade war to begin with? Oh and that is whilst we take Seagate out of the equation with their drives, which by the way relies heavily on the availability of Dysprosium, which according to Seagate’s CEO, Stephen Luczo gave them a margin issue of close to 20%, that much could be lost to Seagate, and when that material goes, what remains?

In the end, no matter how this plays out, when the Intelligence boffins figure out that they had several elements wrong for over a year, they should call me, they might learn something (which would be novel in its own right).

 

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Decoupling Draghi is hard to do

Like a bad disengaging train, we see more and more how the Euro has become a dangerous place to be. I have pointed the finger at Mario Draghi more than once. He is not the only reason mind you, but he is a massive one. As I see it, a facilitator towards the Status Quo of a coin no one wants. Europeans see how their retirement is devaluating itself, others see a coin they do not trust, they do not like it, and to be honest they do not know why, but the numbers do not add up. Wall Street loves it, as they can leverage iteration after iteration of floating values as they can reset the currency seesaw, but over a dozen nations in Europe cannot, their hands are tied. It gets even worse in the near future if Japan is any indication to go by. Min Jeong Lee and Yuko Takeo from Bloomberg (at https://www.bloomberg.com/news/articles/2017-03-27/escape-route-eludes-japan-stocks-still-hostage-to-u-s-sentiment) are showing you the prelude to the disaster that Europeans could possibly face within 24 months. The first statement is already showing u the issues that Europe will face soon enough: “Japan’s stock market is again showing itself handcuffed to U.S. growth prospects and its own currency“, In that same sense Europe will soon enough be depending on US growth prospects and the massive debt that Mario Draghi is pushing onto the Euro nations. Now, we need to realise two elemental parts:

  1. Europe is not that deep in debt, but the holes that Mario Draghi is creating is already having an impact. “Big bond funds are becoming increasingly reluctant to lend to the euro zone’s weakest members, looking past a crowded electoral calendar to an eventual winding down of the European Central Bank’s ultra-loose monetary policy” (source: Reuters), with the personal change, setting ‘European Central Bank’s ultra-loose monetary policy‘ into ‘irresponsible spending‘. As the time frame goes, Brexit and Frexit might be just in time to avoid a noose for the United Kingdom and France, but for many smaller EU nations it is too late, they have lost economic control and they are now the mere vassals (read: unchained into slavery) to do the bidding of the ECB. Is that what Euro nations signed up for?
  2. Japan has its own way of dealing with the debt and economy and many fear it was never a good plan, but as they skated the edge of the abyss for over a decade people have become insensitive to the impending doom, that is not a good thing, it is merely a Japanese thing.

FXStreet (at https://www.fxstreet.com/analysis/catalyst-for-chaos-201703271520) gives us the two elements. “The BOJ has an inflation target of 2%. If Mr. Kuroda ever has the temerity to end his bond-buying scheme, borrowing costs in this bankrupt nation, which has a total debt to GDP ratio of around 600%, would have to abruptly surge over 200 basis points just to keep even with the central bank’s inflation target” as well as “If the ECB were to seriously commit to ending its QE program, fixed income investors and speculators would panic to get ahead of the removal of Draghi’s bids; and Bund yields could surge well above the rate of inflation in a very short period of time“, which shows the removal of control and the implied fact (read: implied) that Mario Draghi has no intentions of ending his QE plan. Because the devastation that the surge of Bund yields would come with a hefty invoice, one that none of the EU nations can pay, this includes the big 4. Isn’t it nice that FXStreet and other trader and broker sites are actually starting to realise that what I have been warning people against for well over 2 years? I am not the ‘prognosticator of prognosticators‘ (Punxsutawney Phil has that title), mine was merely the conservative approach to the use of a modern abacus (read: Excel) with the application of common sense. Those who were claiming me to be wrong, (a fair amount of them) are now facing their own ridicule as they hide behind slogans like ‘changes in the economy‘, ‘a mere miscommunication‘ and my favourite ‘as we trusted the analysts‘, that is my favourite as it is based on the governmental forecast numbers that have not been anywhere near correct for well over a decade in well over a dozen European nations.

So as we go back to the Bloomberg part we now see: “as a chorus rises among analysts who think they see sufficient improvement in Japan’s domestic economy for the nation’s equities to unlock themselves from the exchange rate. Before last week, the yen and Topix were both up about 3 percent this year“. Yet not long thereafter we see “After Monday’s drop, the Topix is within one and a half percentage points of erasing its gain for 2017“, so before Q1 of 2017 is done, we see that the prospective gain of 2017 is all wiped out. This does not mean that there is no room for improvement, ye the fact that Bloomberg sees Japan as the 7th worst return of the 24 developed markets implies that Japan could potentially end dead last in 2017, music to the ears of the Chinese I reckon. In that same trend I disagree with Soichiro Monji, general manager at Daiwa SB Investments Ltd, as he makes the observation “Investors should focus on fundamentals like the economy and corporate earnings“, perhaps he remembers that somewhat popular kitchen course ‘How to cook the books‘, the news made some reports and comments on Toshiba and Olympus attending those artsy classes. Or perhaps the honourable Soichiro Monji remembers Nikko Cordial Corp. which is now part of the Citigroup Inc. and no longer in the hands of the honourable Junichi Arimura who was never proven to be involved, the proven guilty party is set to Hajime Yamamoto. As the pressures for these corporations go up, the dangers of ‘fraud’ (read: unintentional misrepresentation of a company’s position) will remains a danger and will also increase the impact it has on the Japanese economic forecasts. And this impact is also felt by those into the retirement system as it lost $50 billion less than a year ago. If we accept the realistic return of $2.5 billion, which fuels nearly 30% of the elderly, that is a big chunk to lose, in addition, in 8 years’ time 24 percent of gross domestic product will go straight to welfare, which is a mighty chink out of a budget that they cannot even get close to now, the Japanese debts are too high and Europe is slowly yet surely steering in the same direction.

There is one more element in all this, Toshiba is now ‘demanding’ that its US Nuclear unit (Westinghouse) to file for bankruptcy within the next 24 hours. This is not just cutting losses, this is a move to set losses where they need to be before the financial year ends (so basically all of Westinghouse and some of Toshiba losses (within legal limits of course) in Westinghouse. This gives us the consideration that Toshiba is having a disastrous year and fancy bookkeeping is in order to keep the stakeholders and stockholders happy at the upcoming reporting waves and meetings. This on top of the Fraud that happened earlier, this fits with last week headline ‘Toshiba ponders asset sales as it fights to stay alive‘, the question is what will be sold in addition to Westinghouse, because shedding the losses alone will not do the trick, they need to sell something with profit too. Nikkei Asia Review reported: “If Toshiba fail to win the bourse’s confidence, Toshiba shares will be delisted“, Now, bad places are bad places, yet when a 6.5 trillion yen company gets delisted, it will have an effect and not just a few small ripples. For some of the consumers this will be a golden year, you will face an optional sale of 65” Toshiba displays with possibly 70% off (everything must go, yes really!) Yet, as I stated earlier, they are in a state of clever bookkeeping (not a crime), the question becomes will the holders of stock and stake accept this? I have no idea, but what is decently clear is that the impact will be felt in both the US and Europe, yet not to the degree Japan will feel it.

These are just a few of the elements as they are brought to light that Draghi’s irresponsible spending is becoming more and more of an anchor, one with a noose around the necks of the European governments. In all this it was not a week ago that the Irish independent reported ‘Banks grab €233bn in free ECB loans as Draghi warns on profits‘, with the added quote “Yesterday, ECB president Mario Draghi signalled time is running out for banks to get their house in order“. So, consider the quote. Basically, whilst the ECB knows that the banks do not have their shit in a row, they still got their hands on a quarter of a trillion Euros? How is that not irresponsible? And free loans? When did any person get a free loan? For banks it is even an act, rasher than ever before as they tend to not be held accountable. All this comes with the additional quote “The banking sector’s capacity to fully support the euro area’s recovery is curtailed by its low profitability“,  so we know that the profitability is low, which was not a surprise, it affects recovery and yes, Mario Draghi dumps Europe in even deeper debt. Are you still on the path to support his irresponsible spending?

I am not, but as I am no longer in Europe, there is not much I get to do, the only disaster for me is that I have worked the bulk of my life there and I have seen that my pension is down by will over 60%, 40% in devaluation and 20% due to an increased and uncorrected cost of living. So when the debt bomb blows, very likely before 2019, I will ended have worked pretty much my entire life, with no pension remaining. Perhaps the arts can intervene? Would it be an optional economic success if Joss Whedon launches ‘Betty the banker slayer’? #Justsaying

 

 

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Spelling fraud with a ‘T’

So, after we see the events in Tesco, which has taken its billions in toll from September 2014 onwards, we now learn that Japan has its own version of Tesco, which we read in ‘Toshiba boss quits over £780m accounting scandal‘ (at http://www.theguardian.com/world/2015/jul/21/toshiba-boss-quits-hisao-tanaka-accounting-scandal).

Here it is not the meagre 263 million that Deloitte discovered would only be the tip of the Titanic sinker, in the case of Japan, it is three times the amount, which initially might beckon the question whether the fall out for Toshiba could be 9 times worse. Is it that simple?

The Guardian gives us the following “Tanaka and Sasaki knew about the profit overstatement and created a pressurised corporate culture that prompted business heads to manipulate figures to meet targets, the investigators found“, the other one is “Improper accounting at Toshiba included overstatements and booking profits early or pushing back the recording of losses or charges. Those actions often resulted in still higher targets being set for business divisions in the following period“.

These two are aimed at one side of a picture, but what some sales people will know is that this is already a disjointed part. Before I go into this, there is one more quote that needs to be mentioned. It is “Despite its shares losing almost a quarter of their value since the irregularities surfaced in April, it is still Japan’s 10th biggest company by market value. It was created by a merger in 1938 but its roots date back to 1875 and it was one of the companies that turned Japan into an industrial power“, so these irregularities have been part of something already for months, in addition, from an article one day earlier we get “The report said much of the improper accounting, stretching back to fiscal year 2008, was intentional and would have been difficult for auditors to detect“.

The last paragraph alone implies that like with Tesco, this system could not be done without massive ‘support’ from accountancy firms, moreover in all this, we have to wonder if anything will be achieved, especially as PwC (Pricewaterhouse Coopers) seems to have fallen off the view of journalists, and as we have seen no news from the SFO (Serious Fraud Office) since December 2014, we can ask in equal measure, whether the now sparkly news on Toshiba will go anywhere at all. Is it not interesting that PwC added 64 new partners three weeks ago, they get all the limelight as we read “Luke Sayers, chief executive of PwC Australia, congratulated the new partners on their appointment, praising their outstanding professional expertise“, whilst at the same time we get “IOOF has hired accounting giant PwC to review its regulatory breach reporting policy and procedures within the firm’s research division“, whilst in all this, PwC should still be regarded as the number one problem, as for a long time Tesco’s ‘issues of monetary matters‘ ended up getting overstated by well over a quarter of a billion, and so far it seems that either the SFO is nowhere, it is hushed or it seems to pussyfoot around PwC as the PwC marketing engine goes on like there was never a glitch in their seamless sky to begin with.

Now it is important that the entire PwC issue hits the UK, so a global company like PwC should not get hindered by one rotten basket, especially as they have dozens of baskets. Yet as one basket was regarded to have gone ‘rotten through’, the fact that there remains a system of silence, gives way to ask the question why PwC should be trusted at all and in that light, in the case of Toshiba, how intensely damaged the accounting business has become, you see Tesco and if we go by the words of Sheldon Ray of the Financial times we see “non-GAAP earnings per share that were more than 100 per cent higher than its GAAP numbers in the last quarter. Another reported 2 cents a share non-GAAP profit vs $1.41 per share loss under GAAP in one quarter” (at http://www.ft.com/intl/cms/s/0/f07720d4-c9b1-11e4-b2ef-00144feab7de.html#axzz3gWXJGSSF), so how deep goes all this? This grows in light when we consider ‘Richard Bove on Fannie Mae’s Accounting Irregularities‘ (at http://www.valuewalk.com/2015/07/fannie-mae-accounting/). Not a number one source, yet consider the quote “The result of their work is a conspiracy theory concerning the government takeover of Fannie Mae in which the public has been lied to concerning Fannie Mae’s financial condition in 2008 and in subsequent years“, this is linked to the work by Adam Spittler CPA, MS, and Mike Ciklin JD, MBA, MRE. Spittler is a Senior Associate at KPMG and Ciklin is an investor in a number of start-up digitally based companies, so we see that there is at least some Gravitas with these people, now add to that the information from the Washington Times (at http://www.washingtontimes.com/news/2015/mar/11/fannie-mae-recklessness-risks-future-financial-cri/), where we see ‘Mortgage giant hired unqualified auditor with conflict of interest for critical position‘ and “Nearly seven years after it was bailed out from the housing market crash, mortgage giant Fannie Mae is still engaging in behaviour that could precipitate future financial crises and taxpayer losses, a government watchdog warns in a report to be released Wednesday“, which was an article from last March. Now, the fact that this is not ‘new’ news is not the issue, what is the issue is that there is an almost Global act of blatant disregard, leaving the people the feeling that accounting seems to be set to levels of intentional misrepresenting companies for the need of bonuses and the ‘Holy Dow’. The fact that the activity against such transgressions is seemingly kept of the table in these economic times will only grow stronger unrest.

Yet, is my view correct, is it not me that is in error? Let’s face it, One in the US, one in Japan and one in UK does not a conspiracy make, it does not reflect on some non-existing criminal empire based on the quill, ink and parchment (as accounting used to go in the old days). What is an issue is how on a global scale governments seem to act or not act is matter for discussion, yet in all this external forces have been at work too, let’s face it that the US in 2008 was a place of desperation, even as it is now still on the ‘to-be-regarded-as-bankrupt’ even governments will make weird leaps when they are pushed into a corner. In my view, the fact that the bulk of global accounting is pretty much in the hands of half a dozen accounting firms remains cause for alarm and PwC is in the thick of many events. Including the 40 million property scandal surrounding Xu Jiayin last march.

Yet back we go to Japan, the land of yummy Sushi and as it seems shady bookkeeping. You see, there is no way to tell how deep Toshiba will get gutted, if Tesco is any form of indication, there will be a massive backlash, If 256 million leads to a well over 3 billion drop in value, what will it do to Toshiba? More important, with Japan so deep in debt, would it push Japan over the edge of bankruptcy? Let’s not forget that Japan hung over that Abyss a few times and the US seemed to have ‘intervened’ in favour of Japan in the past, in this case, that might not ever be an option again. For those who think that I overreact, think again. Tesco lost value factor 12. Now, we all agree that this is extremely unlikely to hit Toshiba to that degree, but what happens when stockholders walk out? Now consider that Toshiba is amongst the 10 largest Japanese companies with a global reach that equals IBM, that whilst Japan has a debt of $10 trillion, the fallout will hit Japan (again). To give view to the next part, I need to revisit a part I mentioned in the past. Let us take a look at the following example:

In week 10 a salesperson makes a sale, knowing it will not be a solution, during the next week that customer gets managed all over support and after a week, they escalate and communicate with the customer on solving it, a week after that the customer gets the apology that there is no solution, but that the customer will get a full refund, case closed.

Week 10 Sale made
Week 11  Support starts
Week 12 Escalation
Week 13 No resolution
Week 15 Refund

Now the part, the sale was made, in Week 13 no resolution, now we leave one quarter and go into the new quarter, the refund will not affect the sales person’s bonus, nor will the sales target be affected due to negative sale.

This is based on actual events, now think of the impact when this is not mere sales, but 1.2 billion in sales. Did this happen? I cannot state that all of the funds were done in that way, but consider the impact of increased sales and the people who enjoyed their bonuses from that (if that happens in Japan).

Consider the quote “blamed on management’s overzealous pursuit of profit“, which we get from the ABC article (at http://www.abc.net.au/news/2015-07-21/toshiba-top-executives-quit-over-us12-billion-scandal/6637976). Now add to that the quote “underlings could not challenge powerful bosses who were intent on boosting profits at almost any cost“, so how was the profit boosted? You see, this is not just an auditing issue, when we look at these large companies and the way that sales are arranged and forecasted, consider the events involved. To name but a few

  1. Leads
  2. Contacts (the consequence of a lead)
  3. Forecasting (the consequence of contact and the push for sale)
  4. Sales registration (Scopus, Salesforce, SAP)
  5. Accounting
  6. Reporting

Six iterations of paper and electronic trails that had to handle 1.2 billion in virtual revenue to some extent. Even if the leads cycle was avoided (by going through existing customers), there are other divisions that needed to be aware of a large non existing sale. You see, twelve hundred million dollars makes for a massive amount of monitors, laptops and other items Toshiba makes. Even over time, flags should have been raised on several levels, so when I read “The report said much of the improper accounting, which stretched back to 2008, was intentional and would have been difficult for auditors to detect“, which implies that the intentional misdirection was done over 6 iterations, which means that the group involved was a bit larger than we read in the articles at present. More important, how well did the Auditors seek in this regard? Which now takes me back to the reference I made earlier regarding “PwC added 64 new partners“, so how good are these ‘senior’ players? Making someone a partner, so that they can be misdirected by a senior partner would be equally disturbing. The fact that Toshiba falls through just like Olympus did, in a place where these events are regarded as ‘shocking’ according to investigating lawyer Koichi Ueda does not make me any less nervous. How institutionalised is overstating revenues on a global scale? You see, this is happening a lot more than many realise and even though many are not found, it does not mean it is not happening next to your own place of business. Now we get back to the issue I raised regarding Fannie Mae. The fact that it is not unrealistic that the government looked the other way here is still a fact we must consider. More important, are the two parts not mentioned in any of this. The first is linked to the issue I reported on January 30th 2013 (yes over 2 years ago at https://lawlordtobe.com/2013/01/30/time-for-another-collapse/) in my article ‘Time for another collapse‘, I questioned the way the Dow did not just recover, it did so whilst places all around us were remaining below par for a very long time after that. Now consider the following speculative theory:

What if places like Fannie Mae used the ‘leave one in’ approach. So there were mortgage packages and derivatives. So, we have four properties that are doing fine and we add one worthless one to the mix. The package deal as the salesperson states. So the buyer ends up with a ‘value’ and whilst one part is ‘given’ without value, that person has a good deal, now consider that this one place is no longer a lost place, it is no longer a write off. Over time the market would recover with less losses, so is this truly an action that is virtually impossible? Moreover, if such a thing truly happens, would it be fraud? How could an auditor ever find the event in the first place?

This now links back to Toshiba, not just in how you push up 1.2 billion, but how to get it passing the view of a ton of auditors. In the case of Tesco, I personally considered the involvement of PwC from the first moment the news came out, there it was a less murky place because as supermarket chain their product goes to Joe and Jolene Public. That is not the case with Toshiba. Not only are they global, but with a power plant division (including the one that makes you grow in the dark) as well as medical equipment (likely needed for previous mentioned division), Toshiba deals with consumers, corporations and governments, which on one side requires a lot more administration, but that administration would have the ability to go murky on an exponential level, which gives added value to the claim “difficult for auditors to detect” yet that gives option to two parts, is there a questionable level of administration, or are we confronted that the auditing partner in this case was a 28 year old recently promoted individual who now gets his/her first real large account?

Why these statements?

You see in all this, on a global scale, the law has failed. It fails because the rewards are just too good to pass up for those playing that game, the chance to get away with it and the option to keep at least a decent part of these earnings safe makes the option to do this again and again almost a certainty. The law has no bite and the corporations involved are too powerful to get smitten down, so this avenue will continue for a long time to come. In addition to this we ask what else is affected and why is there a tendency from the press to not keep these matters a lot more visible? Consider how much the Guardian and others reported in 2014, if you now Google ‘PwC Fraud SFO Tesco‘ we get nothing after December 22nd, what a Christmas present that is! What is funny that one other part showed up, which is Keith McCarthy, now director at PwC London, who was Chief Investigator with the UK Serious Fraud Office before that, so would it be mere speculation that the best way to avoid prison is to hire the police officer so you know where they will be looking? #JustAsking

I am only asking!

Anyway, with a wish for a better lifestyle, I will consider helping Toshiba to retrench their IP and Patents for a mere 0.4% of the value, now if I could only persuade my Law Professor to help me out, 0.3% for her and 0.1% for me, I should end up with enough to buy http://www.cooperbrouard.com/St-Peter-Port/Ridge-House-property/3835453 and retire in a relaxing way!

I agree that I could do better, but then I was never a greedy person, which is a failing the Toshiba executive clearly lacked.

 

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Dark side of the moon

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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