EventHorizon1984 Log

Daybreak Game Company Claims They Are Not Owned By Columbus Nova

Daybreak Game Company Claims They Are Not Owned By Columbus Nova
EventHorizon1984
26 April 2018

 

“we want to set the record straight”
Daybreak Game Company LLC

With the "edited by Roxxlyy" stamp of approval, Daybreak Game Company made this odd announcement.

In short, Daybreak Game Company claims they are not owned by Columbus Nova.

Multiple publications, such as Games Industry and Massively Overpowered, have speculated that the announcement has to do with the U.S. Department of the Treasury freezing Russian assets.

Whatever Daybreak's reasons are to "set the record straight," perhaps they can get Roxxlyy to edit this gem from the publication Forbes.

• Sony Online Entertainment Sold To Investment Firm (Erik Kain, February 2, 2015)
  • "Sony Online Entertainment, newly rebranded as Daybreak, is a great addition to our existing portfolio of technology, media and entertainment focused companies. We see tremendous opportunities for growth with the expansion of the company's game portfolio through multi-platform offerings as well as an exciting portfolio of new quality games," said Jason Epstein, Senior Partner of Columbus Nova"
  • "We are excited to join Columbus Nova's impressive roster of companies." John Smedley

Or this 'shiney' from Venture Beat.

• Columbus Nova has no plans to shut down any Sony Online Entertainment games (Jeff Grubb, February 2, 2015)
  • "The company (Columbus Nova) says it takes a "long-term view" on investing, and the company plans to apply that philosophy to its new game developer"
  • "I imagine Columbus Nova will look to expand revenues on consoles, PC, mobile, and tablet and then decide what to do with Daybreak," Wedbush Securities analyst Michael Pachter

Presuming she's not hit by the current round of Daybreak layoffs.

/*

Addendum 2018.04.26

The current Daybreak Games Privacy page makes this statement.

"Daybreak Games may share your Personal Information for the purposes described in this Privacy Policy (except for direct marketing) with its affiliates, including any entity that directly or indirectly owns fifty percent (50%) or more of the outstanding equity in Daybreak."

That current section differs from past Privacy pages. Such as this 'sparkly' from September 03 2017. Courtesy of the Internet Archive WayBackMachine.

Emphasis ours.

"Daybreak Games may share your Personal Information for the purposes described in this Privacy Policy (except for direct marketing) with its parent companies, which consist of Columbus Nova Private Equity Group (“CN”) and any company controlled by CN that directly or indirectly owns fifty percent (50%) or more of the outstanding equity in Daybreak."

Depending on your level of lawyer-ese, the sentence states Columbus Nova "directly or indirectly owns fifty percent" of Daybreak.

Interesting.

/*

"Oooooookay"
Bull Shannon (Richard Moll), Night Court (1984-1992)

//

Daybreak Games Survey - EverQuest II Tell Us What You Think!

Daybreak Games Survey - EverQuest II Tell Us What You Think!
EventHorizon1984
26 March 2018

 

“We Need Your Help”
Daybreak Game Company LLC

“Too late. I warned you before. I never make a present of a man’s life a second time.”
Ulysses (1954)

 The latest EverQuest II survey hit our email box. Multiple times.

Maybe management is paying more attention. However the online survey is short.

Our article comments are minimal. For now.

Editor: My survey response was not short.

/*

“As to communication, our devs go where they get the best and most constructive input to improve the game. We try to foster a two-way, supportive environment for devs and players, and we do our best to ensure that EQ2 remains a positive community and experience.”
Holly Longdale, EverQuest II

'don't like it leave'
EverQuest II Developer

 

//

Daybreak Games EverQuest 2 Customer Monologue

Daybreak Games EverQuest 2 Customer Monologue
EventHorizon1984
15 March 2018

 

"a developer post that struck me as overly defensive, whiney, and was itself highly passive aggressive.

The post itself also felt grossly condescending, hypocritical, and completely counter productive." Gillymann

 

After returning from a multi-week vacation, the above quote greeted me on the virtual desk.

A little digging revealed the source of the aforementioned snippet.

That comment from an EverQuest II player is unusual. But not for its content. Because the usual Daybreak Games mode of operations is to erase negative posts directed at the company or its employees. Along with, suspending the poster.

This thread still existing is unusual. Given the content is directed at developer Jason "Fyreflyte" Worner's post.

• "This thread started out as praise, but quickly gained several responses that were passive/aggressive or insulting. There's a fair amount of irony in that, because those types of responses are what drive developers away from the forums to begin with. As a general rule, we don't shy away from criticism; but it needs to be provided in a constructive format. If you have issues with things, we're more than happy to hear you out - just remember to address the issue itself, and how you'd like to see it resolved. Resorting to personal attacks, however subtle, usually guarantees we're going to bow out of the thread and feel less inclined to respond to that particular poster in the future." Jason "Fyreflyte" Worner

The prior portions of the thread had no "passive/aggressive or insulting" responses.

More Communications on these Forums Lately
https://forums.daybreakgames.com/eq2/index.php?threads/more-communication-on-these-forums-lately.584292/
http://archive.is/bMjTh

Unless you count this post:

"I refuse to reply to this thread!"
Carlos "Gninja" Mora

Written as a joke by EverQuest II developer Carlos "Gninja" Mora.

Was Mr. Worner's comment another thin-skinned employee post? It was definitely "defensive, whiney, and" "highly passive aggressive." Also very 'my way or the highway.'

The disturbing part of Mr. Worner's post? It gave the impression Daybreak management condones slagging customer posts.

Or is this a sign of change? By keeping the abrasive developer comment up, is management letting an employee know they went too far?

Consider what happened days earlier.

 

"The problem with these official forums is, the lunatics have very much taken over the asylum. Daybreak have decided to leave the most negative players to rot in peace here. You can vent all day long to your hearts content about how you would run the game differently and all of the other hyper negative players are here to pat you on the back. But you have to remember, if you are only ever rude and incessantly moan, eventually it just turns into white noise and no one apart from the other lunatics are listening." Danni

We'll save you the aggravation searching for this quote. The entire thread vanished from the Daybreak Games EverQuest 2 forums.

It did not vanish from the Internet.

Holly says they want community feedback, where?

1. https://web.archive.org/web/20180228225616/https://forums.daybreakgames.com/eq2/index.php?threads/holly-says-they-want-community-feedback-where.584172/
2. https://web.archive.org/web/20180228225627/https://forums.daybreakgames.com/eq2/index.php?threads/holly-says-they-want-community-feedback-where.584172/page-2
3. https://web.archive.org/web/20180228215802/https://forums.daybreakgames.com/eq2/index.php?threads/holly-says-they-want-community-feedback-where.584172/page-3
4. https://web.archive.org/web/20180228223435/https://forums.daybreakgames.com/eq2/index.php?threads/holly-says-they-want-community-feedback-where.584172/page-4

Let's peek at the Daybreak Games EverQuest 2 forum rules.

 

"the code is more what you'd call "guidelines" than actual rules."
Captain Hector Barbossa
"These rules are not comprehensive"
Colette "Dexella" Murphy, Forum Guidelines.

Forum Guidelines

• "Do not troll or make personal attacks"
• "Personal attacks - Do not insult, degrade or criticize any person or group of people."

Now consider these two comments.

"Going from your last post, you may well be one of the toxic individuals yourself."
Danni to Tekka

"Tekka you are part of the problem, you are toxic."
Danni to Tekka

Both comments have equivalent content. But one was untouched. The other was retouched in an interesting fashion.

Before:

After:

Notice the "Last edited by Roxxlyy" at the bottom.

Editor: Last and only time I saw player posts edited by a moderator was in 2006. 'Your actual mileage may vary.'

The prior Community Relations Manager, Tony "RadarX" Jones, deleted posts. The only posts edited, that we're aware of, were his own posts. This is time efficient as it does take more time to edit a post, than delete it. Deletions leave no whiff of favoritism. Mostly.

By editing a post, Daybreak Games Community Relations/Coordinator Manager Roxanne "Roxxlyy" Sabo showed favoritism. And worse, leaving alone two other another personal attack posts.

Amusingly Roxxlyy joined the EverQuest 2 forums on "Jul 27, 2017":

While Danni didn't exist until "Sep 8, 2017":

One being the other's alter ego might be a stretch. But it's not unheard of.

Think Clark Kent, William Mark Felt or Samuel Langhorne Clemens. Or Stephen Grover.

• "To give Burger King an edge in the discussions, Stephen Grover took it upon himself to spread disinformation"
• "Burger King said Tuesday it fired two employees following the disclosure than an executive secretly posted blogs slamming a farmworker advocacy group."
• "Burger King's chief executive, John W. Chidsey, said he was sorry for previous negative remarks"

Whether

1. Roxxlyy is Dani.
2. Roxxlyy is showing favoritism.
3. Roxxlyy is condoning toxic behavior toward the customer.

There are no good outcomes. Of course the egregious posts were deleted. Either finally showing good judgement, or trying to smother the paper trail.

 

"I've noticed a pretty solid uptick in developer communication on these forums."
Dude

Getting back to Jason "Fyreflyte" Worner's "whiney" post. Since Roxxlyy's gaffe, is upper management paying more attention to what its paid minions are up to?

Daybreak Games "H1Z1's player base down 91 percent," current cash cow is milked out. Perhaps Daybreak Games management is finally paying attention to one of its most loyal player bases. And cash cow.

/*

Addendum 28 April 2018.

Apparently Jason "Fyreflyte" Worner has been laid off. One of many Daybreak employees recently let go.

Daybreak Has Now Been Hit With Layoffs [Confirmed]
Bree Royce, April 26 2018
"we are given to understand the number of people laid off was around 70"

Apparently there's a spokesperson feeding various publications 'the word' on Columbus Nova not owning Daybreak Game Company. Allegedly Roxanne "Roxxlyy" Sabo is that spokesperson, "who was not with the company in 2015."

/*

"This is a game with history. Real, human history. Over the course of 11 years, people have become friends, adventured together, even fallen in love."
Philip Kollar, 13 January 2016.
Touring the living remains of an 11-year-old MMO

//

Random Bytes - Skylake CPU Spectre Patch - 'Dislike' On Facebook? - Logan Paul YouTube'd Again

Random Bytes - Skylake CPU Spectre Patch - 'Dislike' On Facebook? - Logan Paul YouTube'd Again
EventHorizon1984
9 February 2018

"we released production microcode updates for several Skylake-based platforms to our OEM customers and industry partners, and we expect to do the same for more platforms in the coming days"
Navin Shenoy, 7 February 2018
Executive Vice President and General Manager of the Data Center Group at Intel Corporation

 

Richard Lawler's article "Intel releases new Spectre patch for its Skylake CPUs" noted:

"That includes those based on technology including (but not limited to) Broadwell and Haswell which had previously seen an update that the company withdrew after reports of random reboots."

Intel's extensive list of Skylake chips is located at:

https://ark.intel.com/products/codename/37572/Skylake

Expect more changes "Real Soon Now."

  

“We are not testing a dislike button.”
Facebook

The Daily Beast reported on the notion that Facebook was not “testing a dislike button.”

"A Facebook spokesperson denied that the company is “testing a dislike button” before giving information about why it is performing the test.

“We are not testing a dislike button. We are exploring a feature for people to give us feedback about comments on public page posts. This is running for a small set of people in the U.S. only.”

The feature appears to give users the ability to downrank certain comments."

For now, this is only a test.

Meanwhile, on a platform that does have a 'dislike' button; which does nothing.

 

"Logan Paul is an idiot. But your kids don't know that"
Hayley Kaufman, The Boston Globe, 5 January 2018
'never make the same mistake twice ... keep making new ones'
Ruff and Reddy (1957-1960)

Engaget's Associate Editor Steve Dent had this lovely tidbit for Paul's fans and anti-fans:

"YouTube star Logan Paul is in hot water again with YouTube, following his suspension from the service's Preferred Ad program for posting a video of a suicide victim in Japan. YouTube has temporarily suspended all ads on his channels, cutting off revenue estimated between $40,000 to $600,000 per month. On Twitter, YouTube Creators cited his "recent pattern of behavior," as reason for the suspension."

With YouTube's apparent slap on the wrist policy for big money makers, Mr. Dent ends with this warning to YouTube:

"with advertisers like Mars, HP and Smirnoff having dropped YouTube until it cleans up its act, the site might need to start wielding its banhammer."

Previously, Logan Paul suggested he'd take the Tide Pod Challenge.

"swallowing 1 tide pod per retweet"

In the article "Logan Paul's Tweet About Tide Pod Challenge Has Angered Everyone," Francesca Donovan had this to say:

"The ‘joke’ is supposedly that the pods look a little like sweets. But, funnily enough, liquids designed to clean dirt off clothes are not fit for human consumption, and some cases of kids partaking in the Tide Pod challenge have led to hospitalisations."

A significant portion of Mr. Paul's audience are "kids."

The mature video response to such feldercarb can be found here:

Rob Gronkowski  https://www.youtube.com/watch?v=-DrC_PF_3Lg

Such a potentially fatal joke stunt by Logan Paul would definitely gain him permanent worldwide recognition.

As a Darwin Award winner.

/*

""Hold my beer and watch this!" a teen handed Snapchat to a friend and with a whoop of glee he leapt over a foot-bridge railing, intending to land dramatically on a parapet below." ...
"Snapchat phenomenon is extending the e-trend of paying inadequate attention to one's physical surroundings"
2017 Darwin Award Winner

 

//

Electronic Arts Lies About Star Wars Battlefront II Sales? $7 Million Not $9 Million.

Electronic Arts Lies About Star Wars Battlefront II Sales? $7 Million Not $9 Million.
EventHorizon1984
31 January 2018

"we ultimately made the decision to pull in-game purchases out of the game prior to launch"
Andrew Wilson, CEO Electronic Arts, January 30 2018
"chairman of Disney's consumer products and interactive media division personally called EA to express Disney executives' unhappiness about how the outrage "reflected on their marquee property," the Wall Street Journal reports"
Brian Crecente, Rolling Stone, November 20 2017

During the January 30 2018 5:00 PM ET EA (Electronic Arts) "third quarter fiscal 2018 earnings call"

 

 

 

 

 

EA reported Star Wars  Battlefront II sales of 7 million units (8 million minus 1 million). Venues such as GamesIndustry, Pretty Good Gaming, YongYea, dutifully reported 7 million units sold. As presented directly by EA.

But a curious thing happened. Before the Earnings Call, "Blake Jorgensen, the company's financial chief" talked to the The Wall Street Journal.

Blake Jorgensen apparently told the Wall Street Journal reporter Sarah E. Needleman, "EA sold 9M units instead of the conservative 10M it had projected for the holiday quarter." Ms. Needleman, of New York, New York, posted the scoop at 16:05 ET. That's 4:05 PM ET.

Like parrots, multiple publications began quoting the "9 million" figure. For example:

• Fortune - EA: 'Star Wars Battlefront 2' Misses Sales Expectations
  
  • 
• GameSpot - Star Wars: Battlefront 2 Underperforms, Microtransactions Coming Back
  
  • 
• PC Gamer - Star Wars: Battlefront 2 isn't hitting sales targets; in-game sales returning soon
  • 
• Polygon - Star Wars Battlefront 2 sales miss targets, EA blames loot crate controversy (update)
  • 
• Variety - EA Posts Poor Sales for 'Star Wars: Battlefront II,' Teases Return of Microtransactions
  • 
• Venture Beat - EA is weathering Star Wars: Battlefront II selling only 9 million copies
  • 

 

A day later the public perception is Electronic Arts sold "9 million copies" and not the reported to EA investors 7 million.

Good public relations job Blake Jorgensen?

Well ...

“We think unit sales could come in below EA's earlier FY18 outlook for around 14 million units."
Bank of America Merrill Lynch analyst Justin Post, November 17 2017

Yesterday EA said they hit 7 million out of an expected 8 million. Or 87.5% of their goal. That does sound better than their buried 2017 estimate of 14 million sales. That's reaching only 50% of their goal.

Time for updating resumes?

/*

"Net bookings for the quarter were $1.971 billion, down $99 million on the prior year, which benefitted from a strong Battlefield 1 launch. Net bookings for the quarter were $29 million below our guidance, driven by lower-than-expected sales of Star Wars Battlefront II."
Electronic Arts, January 30 2018.

 

//

Holding a $500,000 Tournament When No Longer King of The Kill

Holding a $500,000 Tournament When No Longer King of The Kill
EventHorizon1984
11 October 2017

“We just sort of try to ignore any comparison”
King of the Kill Developer. 

With the $500,000 H1Z1 2017 Invitational happening this October 20-22, Daybreak Game Company LLC must be optimistic over their H1Z1 IP. This October Invitational comes just six months after their $300,000 H1Z1 Fight For The Crown tournament. A small gaming company extrudes enthusiasm, when spending over a six month period, $800,000 in prizes.

Perhaps this large cash outlay is a Daybreak manager prematurely expressing the sentiment, “Nothing Can Stop Us Now!”

Unnoticed by Daybreak, a game called PlayerUnknown’s Battlegrounds, made it’s March 2017 debut on Steam Early Access.

 

“Amazon’s a very competitive company, and I think they are a very good competitor … we are still looking for signs of momentum, and so far, they have not gotten traction.”
Meg Whitman, eBay CEO. 30 May 1999

“I think it's awesome that we can grow together, and we can continue to really define what battle royale means to players and give gamers an awesome experience”
Adriaan Noordzij, Senior Product Manager, about H1Z1 and PUBG. 24 August 2017

The current news about H1Z1’s competition?

On October 11th, PlayerUnknown’s Battlegrounds (PUBG) Creative Director Brendan Greene, reported a new record of “more than 2 million concurrent players.”

Also on October 11th, PUBG’s competitor Epic Games Fortnite, had “reached 3.7 million players” and “had 525,000 concurrent users.”

And of H1Z1?

H1Z1: King of the Kill - SteamCharts.com

And it's companion game?

Just Survive - SteamCharts.com

 

At this point what else could possibly go wrong?

"Automaton Raises $10m and Announces Groundbreaking Game Project Built on Improbable's SpatialOS"

• "Automaton Games, the British independent games studio behind the popular multiplayer psychological stealth and combat game Deceit, today announced that it has secured investment of $10m from Cambridge Venture Partners.
• The new investment is being used to develop a revolutionary massively multiplayer survival-combat game"
• "will feature groundbreaking elements such as: 1,000 concurrent players occupying a detailed shared world"

/*

“The game's peak [concurrent user count] is still really healthy and we're still in the top four on Steam … There's some seasonality to what happens with our games”
Antony Castoro, General Manager
September 2017

//

Alex Mauer DMCA’s The Internet

Alex Mauer DMCA’s The Internet
EventHorizon1984
27 June 2017
Updated 28 June 2017

The Digital Millennium Copyright Act of 1998
“Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider.”

Since the inception of the DMCA (Digital Millennium Copyright Act), no Section 512(f) penalties were ever applied to abusers of the 1998 Act. That is, until 2015. The case was Automattic Inc. v. Steiner.

“Automattic was likewise successful in claiming damages of $1,860”
“The court also awarded attorneys’ fees, which are expressly allowed by section 512(f) … a total of $22,264 in fees.”
First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)
Daniel A. Zlatnik & Aaron Rubin

That case built on the results of Lenz v. Universal Music Corp.

So what does this have to do with the article title?

“Starr Mazer DSP had an altercation with it's musical director. The end result was a massive amount of DMCA strikes issued against YouTube and Twitch content creators alike.”
SidAlpha

Alex Mauer the “musical director,” and Imagos Softworks, are locked in a copyright dispute. Both parties claim ownership of video game music. After negotiations deadlocked, Alex Mauer raised the DMCA sword to ‘all things’ Imagos.

Including YouTube videos that fall under Fair Use. Which is where our interest lies.

“Fair use is a legal doctrine that promotes freedom of expression by permitting the unlicensed use of copyright-protected works in certain circumstances. Section 107 of the Copyright Act provides the statutory framework for determining whether something is a fair use and identifies certain types of uses—such as criticism, comment, news reporting, teaching, scholarship, and research—as examples of activities that may qualify as fair use.”

This conflict is moving to Federal Court.

If you came here because of the Alex Mauer ‘Clickbait,’ (not really clickbait but go with it) get up to speed by checking out the references from the list below. Some videos are mere bait, but entertaining nevertheless.

27 May 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/73373338 http://archive.is/DRFKU
https://vimeo.com/55823830 http://archive.is/H2jNG
https://vimeo.com/40921927 http://archive.is/ylDC5
https://lumendatabase.org/notices/14421267 http://archive.is/108hA

4 June 2017

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:
https://www.kickstarter.com/projects/imagosfilms/starr-mazer http://archive.is/fIdee
https://lumendatabase.org/notices/14462977 http://archive.is/dlVBA

DMCA claim by Alex Mauer for Starr Mazer
Sender Private
Allegedly Infringing URLS:
https://www.kickstarter.com/projects/imagosfilms/starr-mazer
https://lumendatabase.org/notices/14462979 http://archive.is/QxQ9X

5 June 2017

DMCA (Copyright) Complaint to Vimeo
Sender Alex Mauer
Allegedly Infringing URLS:
https://vimeo.com/35259959 http://archive.is/5hA7i
https://lumendatabase.org/notices/14461591 http://archive.is/wRLKp

13 June 2017

STARR MAZER : DSP - Wrongfully DMCA'D #WTFU ?
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=Ugd3cRI8r4c http://archive.is/GKsEP

23 June 2017

Copyright Strike Levied Against Starr Mazer Videos
MemoryLeakDeath
https://www.youtube.com/watch?v=bkJauxaYS60 http://archive.is/kVRPy

A wave of DMCA strikes hits YouTubers
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=i15_OLOXLmo&t=9s http://archive.is/chu7N

24 June 2017

Je parle du cas de Starr Mazer et les fausses attaques DMCA par Alex Mauer
Alexandre Armont
https://www.youtube.com/watch?v=IoryDHxtTuc http://archive.is/MMZ3V

Weaponizing DMCA's & Why You Shouldn't Fuck With Youtubers
BigfryTV (46K subscribers)
https://www.youtube.com/watch?v=34f_DMtUmQk http://archive.is/z43bM

DMCA Issues on Youtube: The New Flood
couchpotatostuff
https://www.youtube.com/watch?v=zvtBjXw9isQ http://archive.is/uqSOb

YouTubers Held Hostage With DMCA Takedowns By Former Starr Mazer Composer, Alex Mauer
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=BjlKvYFW-gM http://archive.is/qS6Pm

Alex Mauer DMCAs More Games, Sends Cease And Desist To Turner Broadcasting/Adult Swim Games
IAmPattyJack (13K subscribers)
https://www.youtube.com/watch?v=aC_NplN0x4c http://archive.is/oUQGm

The W2 Report - The Copyright Horror Show
Sanji Himura
https://www.youtube.com/watch?v=29TOsPhiS94 http://archive.is/RlFAl

An update on the Alex Mauer DMCA Wave
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=wbIgvJevawo&t=3s

Youtubers hit with DMCA strikes by Alex Mauer for playing Starr Mazer DSP
Sir TapTap (12K subscribers)
https://www.youtube.com/watch?v=W81xeN-2_N4 http://archive.is/P0hvi

Alex Mauer's Copyright Claim Abuse
TotalBiscuit, The Cynical Brit (2.2M subscribers)
https://www.youtube.com/watch?v=077d3hAvwQ4&t=46s http://archive.is/SPxs1

25 June 2017

Alex Mauer Update: 70+ DMCA STRIKES
couchpotatostuff
https://www.youtube.com/watch?v=_q5JQD3UiZU&t=2s http://archive.is/lMv6q

Human Scum Issues False DMCA Takedowns
EscapeRouteBritish (1.5K subscribers)
https://www.youtube.com/watch?v=CtPAJtd-EJA http://archive.is/LGN62

Extorting YouTubers for Fun and Profit!
farfromsubtle (250K subscribers)
https://www.youtube.com/watch?v=HmMvfmhkccg&t=3s http://archive.is/mDvU9

Alex Mauer: 5 Fast Facts You Need to Know
Jack Fennimore
http://heavy.com/games/2017/06/alex-mauer-starr-mazer-dsp-star-youtube-dmca/ http://archive.is/Uz1o6

A Righteous Crusader Wields DMCA Takedowns to Bring Forth Justice
KEN Network
https://www.youtube.com/watch?v=yKE68_feSOo http://archive.is/Chq5y

my two cents on the whole Alex Mauer situation (rushed edition)
Kjellhimself
https://www.youtube.com/watch?v=XRKgRb5MBTk&t=18s http://archive.is/jWJK3

This video contains Starr Mazer DSP with Alex Mauer's music
kontent ai dee
https://www.youtube.com/watch?v=eEoBDlzqlZQ http://archive.is/KtTPC

Alex Mauer enforces contract by DMCA extortion
Leonard French (64K subscribers)
https://www.youtube.com/watch?v=nuSZ6wZAaHQ&t=49s http://archive.is/l13Mr

Starr Mazer DSP - Gameplay Preview (With Music and SFX)
mentalplayground
https://www.youtube.com/watch?v=HdQcj58ILx4 http://archive.is/7Ja9e

The W2 Report - The Copyright Horror Show Redux
Sanji Himura
https://www.youtube.com/watch?v=a12JP3cEUXA

Alex Mauer's DMCA Strike Extortion
Shooter Fantasy
https://www.youtube.com/watch?v=_0Y7mKGWf1o http://archive.is/iBlF0

UPDATE: Alex Mauer list of DMCA strikes
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=5eTLpjRE8QY&t=6s http://archive.is/0y1R0

Starr Mazer: DSP v. 3.0.7 : Enjoy Alex Mauer ! This Strike is on the house :) *DMCA SHIELD©*
Temmie Plays! (1.4K subscribers)
https://www.youtube.com/watch?v=OaCAqJRhC3k http://archive.is/xvkT4

ALEX MAUER DMCA Update! Can't take risks, Starr Mazer DSP Longplay Deleted
TheLegendaryGBD
https://www.youtube.com/watch?v=NGzBleeblwI http://archive.is/Wet6m

VANITAS RANTS | Starr Mazer DSP
Vanitas 42
https://www.youtube.com/watch?v=-zKMsFZCg7Y http://archive.is/Sthst

My Alex Mauer Rant: We Are Artists Too!
Z. Mann Zilla
https://www.youtube.com/watch?v=1NZSsg7Wegs http://archive.is/ddNlO

June 26 2017

04 - Alex Mauer, the Joffrey of Youtube | Button Mashers Podcast
Game of Dorks
https://www.youtube.com/watch?v=a5bo5hiiqKc http://archive.is/s49bh

GamePoints Podcast Episode 94
GamePoints PC
https://www.youtube.com/watch?v=qTNV8iCKMkc http://archive.is/OA4pQ

Alex Mauer and the Starr Mazer fiasco - Initial Views
I Heart Indie
https://www.youtube.com/watch?v=O65ry-Tp2l0 http://archive.is/sObz1

Conversations with Alex Mauer (All of my interview questions)
I Heart Indie
https://www.youtube.com/watch?v=YLtaK3y9W7k http://archive.is/WB919

Composer Files Tons of Spurious DMCA Takedowns For Extortion Purposes
Jim Sterling (517K subscribers)
https://www.youtube.com/watch?v=tHWlK21sdHs http://archive.is/K0o6T

Dealing with Alex Mauer's DMCA Strike
Jupiter_Hadley (4K subscribers)
https://www.youtube.com/watch?v=yA0l6KiPUV4 http://archive.is/7qNCJ

To Alex Mauer, A Message
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=7IqD7Lhq2Rs http://archive.is/expXL

ALEX MAUER EXCLUSIVE INTERVIEW - DMCA TAKEDOWN MADNESS | Angry Rant
Musical Anti Hero (1.2K subscribers)
https://www.youtube.com/watch?v=UVRYruRhjwM http://archive.is/5ToNR

The Alex Mauer Controversy & OpenVI can make Mods for GTA V again for now
rockingtheblade
https://www.youtube.com/watch?v=US_f_S07c6M http://archive.is/JBPDv

My Voice on Alex Mauer
Sparky's Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c&t=19s http://archive.is/TOFxw

My Voice on Alex Mauer "STOP THE THREATS TO HER AND BE CIVIL"
Sparky’s Tech Corner
https://www.youtube.com/watch?v=RpIR670j66c http://archive.is/jUGdK

Starr Mazer DSP *TEST VIDEO*
ThatOneNerd
https://www.youtube.com/watch?v=pZ1FX287e8k http://archive.is/6zS1t

Full Interview with Alex Mauer, June 26th 2017 (MusicalAntiHero)
TheMusiAH aka Musical Anti Hero
http://imgur.com/gallery/A9hJc http://archive.is/1u3LD

Starr Mazer: a Plea to Alex Mauer
TiredOldGamer
https://www.youtube.com/watch?v=ga8nI4lwI3Q http://archive.is/yLqzP

Star Mazer DSP and Alex Mauer DMCA
XMOSS Gaming
https://www.youtube.com/watch?v=na3vZR9gBbU http://archive.is/NfYo0

27 June 2017

Starr Mazer Legal Support
GoFundMe
https://www.gofundme.com/starr-mazer-legal-support https://web.archive.org/web/20170628000432/https://www.gofundme.com/starr-mazer-legal-support

Alex Mauer What the Fuck Youtube?
Jack B
https://www.youtube.com/watch?v=JdVuYjrLHiw http://archive.is/SNtVI

Leonard French, Esq.
https://leonardjfrench.com/alex-mauer-dmca-abuse/ http://archive.is/TlMpU

LEONARD J. FRENCH HIRED TO REPRESENT IMAGOS SOFTWORKS | Alex Mauer Editorial Update
Musical Anti Hero (1.2K subscribers)
https://www.youtube.com/watch?v=8L2_H4KyMKY

I HAVE BEEN DMCA'D BY ALEX MAUER
Musical Anti Hero (1.3K subscribers)
https://www.youtube.com/watch?v=ph3x0ol6QNU http://archive.is/OCPSW

Reaction Video 1 - Alex Mauer DCMA Controversy
Nikki PiP
https://www.youtube.com/watch?v=9J3S0DaOtBQ http://archive.is/mQ1NG

Planet Jank Saves YouTube
Planet Jank
https://www.youtube.com/watch?v=N66_TcejPsI http://archive.is/drjel

The W2 Report - Justice Needs Your Help!
Sanji Himura
https://www.youtube.com/watch?v=KMwnMPzcMes http://archive.is/Mc1j6

Alex Mauer: more on the DMCA Front Lines
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=2odeBDCP6Kk http://archive.is/YaYMg

Alex Mauer DMCA Update: Imagos gets litigious
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=-xixllqAgdE http://archive.is/MlSpp

Alex Mauer Update "DONT SEND THREATS"
Sparky’s Tech Corner
https://www.youtube.com/watch?v=-OZV8gheG60 http://archive.is/9t36O

Game Music Composer Goes On DMCA Blitz Against Innocent YouTubers Over Contract Dispute With Game Publisher
TechDirt
https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml https://web.archive.org/web/20170627183650/https://www.techdirt.com/articles/20170626/06435537667/game-music-composer-goes-dmca-blitz-against-innocent-youtubers-over-contract-dispute-with-game-publisher.shtml

Help Support STARR MAZER: DSP ! We Need Your Help, Pilot! [ Leonard French Gofundme ]
Temmie Plays! (1.4K subscriber)
https://www.youtube.com/watch?v=spkbaeRI-Zk http://archive.is/Dy0ac

Game Composer's ILLEGAL DMCA RAMPAGE - The Know Game News
The Know (1.2M subscribers)
https://www.youtube.com/watch?v=ggvSJzKxm7w http://archive.is/weTGs

GAME NEWS: DMCA EXTORTIONIST DRAGS YOUTUBERS INTO LEGAL BATTLE
The Know
http://theknow.roosterteeth.com/episode/game-news-2017-video-game-composer-abusing-you-tube-strikes http://archive.is/6XtJN

Starr Mazer DSP Gameplay: Alex Mauer & DMCA Friendly!
White From Black
https://www.youtube.com/watch?v=Y_i_iolsQPg http://archive.is/E9XE5

Alex Mauer RIsks Over 60 YouTubers Channels with Bogus DMCA Strikes ..All To Try And Get More Money!
Zaxtor99 (10K subscribers)
https://www.youtube.com/watch?v=zEfNgxSYwaw http://archive.is/nAXJ1

28 June 2017

[rambly garbage] Alex Mauer, and the recent bullshit [Update in description]
Derterifii
https://www.youtube.com/watch?v=D82RvCx8Bo8 http://archive.is/8he2R

FLASHSHOCK Podcast: Alex Mauer, Trans issues, and threats against other's lives.
Flash Frame
https://www.youtube.com/watch?v=COLb_2LExF4 http://archive.is/KggjO

Alex Mauer, NO, NO, JUST NO!!!!!! (Sorry for cussing)
GingerSquatch
https://www.youtube.com/watch?v=4-hfljymchU http://archive.is/pxvTz

Alex Mauer : Think About What you're Doing.
Jamesyboy1985
https://www.youtube.com/watch?v=OZ9alDt8-lk http://archive.is/712UH

last video I want to make regarding the whole alex mauer thing
Kjellhimself
https://www.youtube.com/watch?v=PUSGt-csDuo http://archive.is/bHW9i

The Alex Mauer Video
Kurzov Productions
https://www.youtube.com/watch?v=C02WTB2GGaQ http://archive.is/4tRUn

Alex Mauer vs SidAlpha: The Threat of Doom
Lord Crocosquirrel (2.8K subscribers)
https://www.youtube.com/watch?v=Nuv5MxwwsHs http://archive.is/YdTQd

ALEX MAUER INTERVIEW DMCA UPDATES
Musical Anti Hero (1.4K subscribers)
https://www.youtube.com/watch?v=S8L1A6iktCQ http://archive.is/ahCcO

Alex Mauer issues Death Threat
SidAlpha (42K subscribers)
https://www.youtube.com/watch?v=qC_BXWx9s6Q http://archive.is/OOVQe

 

The ending to this legal drama should be interesting.

/*

Updated 28 June 2017

Once legal action was underway, it was thought 'maybe get back to this DMCA issue in a couple of months.' Legal matters do take time. That changed the next day as, Alex Mauer issues Death Threat was reported.

The above list has been update. We'll get back to this ...

/*

"Well take this for what little it will profit you. As I look at you, Ambassador Mollari, I see a great hand reaching out of the stars. The hand is your hand. And I hear sounds, the sounds of billions of people calling your name."
"My followers?" Ambassador Londo Mollari
"Your victims." Technomage Elric
Babylon 5

//

EverQuest II - Tell Us What You Think! The Sequel

EverQuest II - Tell Us What You Think!
 The Sequel
EventHorizon1984

5 June 2017

 

“Intrepid Studios is growing according to today's Ashes of Creation press announcement. Five new members have joined up that bring development experience from EverQuest to H1Z1.”
New Team Members Bring a Wealth of Experience

 

Daybreak Game Company has emailed a second 2017 EverQuest II survey. We presented the first 2017 survey in an earlier article.

As two months earlier, here's what showed up in the Gmail box.

 

The new survey is as short as the previous one. However the emphasis is different.

What was previously question #7, is now question #2. For those who prefer text, the new question #2.

• 2. How likely is it that you would recommend EverQuest II to a friend of colleague?

 

“I would like to say that EverQuest 2 has a chance to pull itself out of the toxic hole that its managed to throw itself down, but right now the game needs to focus on bringing the player base back.”
Rissa Trent, March 2017

 

Asking the same question. in two months apart surveys, indicates Something's Afoot. Or Daybreak's Marketing department is completely inept.

Let's sidetrack to marketing EverQuest II. And let's not go into the """fantastic marketing""" taking place on Twitter.

You think marketing, and you think 'advertising.' Maybe something like simple timely press releases. 

But do a Google search for "everquest 2" under news. By the way, it's now June.

 

EverQuest II and Ashes of Creation? Someone at Daybreak blew product SEO.

But, Maybe this is a Google fluke.

 

Nope.

 

“Hopefully, if the liquidation firm shuts us down, Amazon Games will pick us up.”
Uwkete-of-Crushbone, May 2017

 

Daybreak Games may be asking the 'would you recommend to a friend' question, to determine if EverQuest II is worth keeping around.

But Daybreak Games may be asking the question, because customer impressions are important. Change a bad impression, and you can keep a customer. And gain new customers.

 

Time will tell.

/*

Remind anyone of EverQuest Next?

“Carve your own destiny in New World, a massively multiplayer, open-ended sandbox game set in a living, cursed land. Choose how you play, what you do, and whom you work with or against in an evolving world that transforms with the seasons, weather, and time of day.”
Amazon Game Studios

New World [Download]
https://www.amazon.com/Amazon-Game-Studios-World-Download/dp/B01M07V5OS

//

Daybreak Games - "Problem with login servers?… Again?"

Daybreak Games - "Problem with login servers?… Again?"
EventHorizon1984
19 May 2017

“Have you experienced a crash or disconnect in the last 30 days”
Daybreak Game Company, 2017

 

According to Daybreak Games Company, they are the "ultimate online gaming destination, providing immersive entertainment for your PC and Console. An impressive statement from a company with approximately $100 million in yearly revenue. Owned by Columbus Nova, "an investment management firm with over $2.5 billion of assets," Daybreak Games should be 'no small operation.'

So why can't such a company, permanently fix their login problem? Since 2 January 2017, Daybreak Games Company LLC  has had login ‘issues’; customers unable to access their online software.

What are those login issues? Daybreak Games has never provided a technical explanation.

Well ... except they say the customer is to blame.

Well ... Daybreak Games does have a public relations and marketing problem. Via example, view their press page. The last press release is dated "Oct 03 2016" and has "6 Shares." And when did you last see a Daybreak Games advertisement.

But I digress {Ed}.

In lieu of a satisfactory technical “why,” we'll provide the “when.” While this article deals with the trials of Daybreak Games EverQuest II customers, a MMORPG (Massively Multiplayer Online Role-Playing Game), many of the login 'issues' impact other customers.

 

‘Pics or it didn’t happen’
2003

 

Sources:
facebook.com/DaybreakGames
twitter.com/DaybreakGames
twitter.com/EverQuestII
forums.DaybreakGames.com

 

Daybreak Games Login Reverse Chronology

19 May 2017

27-28 April 2017

19 April 2017

6 April 2017

4 March 2017

14 February 2017

9 February 2017

Unknown person's February 9 Facebook archive HERE.

EQ2Wire.com February 9 archive.

6 February 2017

5 February 2017

4 February 2017

2 February 2017

Oh the irony?

26 January 2017

25 January 2017

21 January 2017

17 January 2017

12 January 2017

2 January 2017

 

Are any missing?

/*

//

PACER Class Action Lawsuit - National Veterans Legal Services Program et al v United States

PACER Class Action Lawsuit - National Veterans Legal Services Program, et al. v. United States
EventHorizon1984

17 May 2017

 

“Paying too much for PACER? You could get an email notice later this spring to join a class action”
Amanda Bronstad
In PACER Suit, a Class Action Even Defense Lawyers Can Love

 

Need quick online access to Federal Court records? Then you want PACER (pacer.gov).

What is PACER?

"Public Access to Court Electronic Records (PACER) is an electronic public access service that allows users to obtain case and docket information online from federal appellate, district, and bankruptcy courts, and the PACER Case Locator. PACER is provided by the Federal Judiciary in keeping with its commitment to providing public access to court information via a centralized service."

"The Federal Judiciary has developed a Next Generation (NextGen) Case Management/ Electronic Case Files (CM/ECF) system that will allow you to use the same account for both PACER and electronic filing access"

"The PACER Case Locator is a national index for U.S. district, bankruptcy, and appellate courts. A subset of information from each case is transferred to the PACER Case Locator server each night"

"PACER is available to anyone who registers for an account.

The more than one million PACER users include attorneys, pro se filers, government agencies, trustees, data collectors, researchers, educational and financial institutions, commercial enterprises, the media, and the general public."

PACER registration is free, but there is a fee for document access.

"All registered agencies or individuals are charged a user fee of $0.10 per page. This charge applies to the number of pages that results from any search, including a search that yields no matches (one page for no matches)."

"The schedule places a cap on the per-page charge, with a maximum $3, the equivalent of 30 pages, for electronic access to any single document. For example, a 50 page document that would cost $5 at $0.10 a page is capped at 30 pages and only costs $3. Users will receive the entire 50-page document but are only charged $3. Each attachment in CM/ECF sites is considered a separate document. Therefore, the cap will apply to each attachment over 30 pages separately."

"The PACER Service Center bills quarterly and sends a statement by mail or email. Fees are waived when usage is less than $15 for the quarter."

Why the fees for public documents?

In 1988, the Judiciary sought appropriations from the U.S. Congress in order to provide electronic public access to court records. However, Congress did not provide the funds and instead directed the Judiciary to fund the initiative through user fees. As a result, the program relies exclusively on fee revenue.

Are these fees reasonable? On 21 April 2016, the National Veterans Legal Services Program, National Consumer Law Center, and the Alliance For Justice presented the case "that PACER's fee schedule is higher than necessary to cover the costs of operating PACER."

A few months later, on 24 January 2017, "U.S. District Judge Ellen Segal Huvelle in the District of Columbia approved the" 'class action lawsuit.'

The nineteen (19) page document ends with:

CONCLUSION

Plaintiffs’ motion for class certification is granted, with minor modifications to the proposed class definition. A separate Order accompanies this Memorandum Opinion.

/s/ Ellen Segal Huvelle
ELLEN SEGAL HUVELLE
United States District Judge

Date: January 24, 2017

 

Of course, notice of this event reached our email box on 16 May 2017.

 

 

 

Of course, settlement talks began in March. And according to a 11 March 2017 article, all parties were "to report back to the court no later than April 21."

Did we mention it's May?

/*

"One of those hobbies of mine, is studying laws. The laws you used to be paid to enforce."
Detective Robert Goren

//

EverQuest II - Tell Us What You Think!

EverQuest II - Tell Us What You Think!

EventHorizon1984

6 March 2017

 

“Essentially, it's another timesink for end-game players”
Philip Kollar
Touring the living remains of an 11-year-old MMO

 

Surveys regarding EverQuest II are few. The last time any here received an EverQuest II survey, the previous owner got hacked.

Years later, here's what showed up in the Gmail box.

 

The survey is short.

All properties of Daybreak Game Company have been suffering outages, since 2 January 2017.

Meaning question number five should have been a no-brainer, for management.

Is San Diego based Daybreak Game Company really looking to improve customer service? Is this merely a method to placate the dwindling user base?

Or is the owner of Daybreak Game Company, Columbus Nova, looking for an excuse to offload the EverQuest franchise?

Time will tell.

/*

"EverQuest co-creator John Smedley is leading a new San Diego-based studio for Amazon Game Studios"
15 February 2017

//

Digital Homicide Lawsuits Click Bait

Digital Homicide Lawsuits Click Bait

EventHorizon1984

23 September 2016
17 October 2016 UPDATED

 

“You must take a year off, one of these days, before you’re old and tired and weighed down by responsibility. Go away somewhere, and read. Read all the important books. Educate yourself, then you’ll see the world in a different way.” Helon Habila

Coming back a year later, some things remain the same. It's Fall, and lawsuits are in the air.

If you're into computer games, and comment on games, this lawsuit is for you.

The Digital Trends article, "Steam Removes All Of Digital Homicide's Games After It Sues 100 Users," is one of hundreds of articles on the subject of Digital Homicide's current lawsuit. A riveting case of online "Harassment," "Stalking," "Criminal Damage," and "Criminal Impersonation," by 100 people.

Or as the article puts it:

"Digital Homicide doesn't take criticism lightly. The filings indicate that James Romine, one-half of the Romine Brothers, who are Digital Homicides development team, sued 100 Steam users, alleging personal injury claims arising from online comments posted by defendants."

YouTube personality SidAlpha has detailed commentary on the subject. And he supplied copies of the Court documents, for United States District Court For The District Of Arizona case CV-16-03092-PHX-ESW (or 2:2016-cv-03092), James Oliver Romine Jr v. Jane/John Doe 1 through 100.

But readers are probably aware that this is not the first lawsuit filed in 2016 by Digital Homicide.

 

“Let’s do it again.”
Seven Days (1998-2001)

On 4 March 2016, James O. Romine Jr. aka Digital Homicide, filed a civil lawsuit against James Nicholas Stanton aka Jim Sterling. The United States District Court, District of Arizona, case # 2:16-cv-00604-JJT, Romine v. Stanton. This was also well covered. It's "was" as within two months it became old news. That Court case was freshened up and trotted out when Digital Homicide's second lawsuit hit the news cycle. Here's how Mr. Romine characterized the civil complaint, word for word:

"When The Defendant falsely accused The Plaintiff and caused damage to reputation, damage to product, loss of product, and causing severe emotional distress to The Plaintiff, The Plaintiff has the right to receive restitution for these damages. The statements that have been made on the Internet by The Defendant have resulted in criticism and condemnation by the public towards The Plaintiff. These statements have been made in reckless disregard for duty of care that all United States Persons are legally required to follow."

Using our trusty PACER account to dust off that case, here's a redacted copy of the docket. As of 23 September 2016 17 October 2016. With links to copies of the Court documents.

 

 

Date Filed	#	Docket Text
03/04/2016	1	COMPLAINT. Filing fee received: $ 400.00, receipt number PHX169280 filed by James Oliver Romine, Jr. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(BAS) (Entered: 03/04/2016)
03/04/2016	2	REQUEST BY NON-PRISONER PRO SE PARTY FOR ELECTRONIC NOTICING filed by James Oliver Romine, Jr. Pro se parties must promptly notify the Clerks Office, in writing, if there is a change in designated e-mail address or mailing address. (BAS) (Entered: 03/04/2016)
03/04/2016	3	Filing fee paid, receipt number PHX169280. This case has been assigned to the Honorable Judge John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-16-00604-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAS) (Entered: 03/04/2016)
03/04/2016	4	Summons Issued as to James Nicholas Stanton at case opening. (BAS) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (Entered: 03/04/2016)
03/28/2016	5	SERVICE EXECUTED filed by James Oliver Romine, Jr: Proof of Service re: Summons and Complaint upon James Nicholas Stanton on 3/15/2016. (REK) (Entered: 03/28/2016)
04/01/2016	6	First MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/01/2016)
04/04/2016	7	Consent MOTION for Extension of Time to File Answer re: 1 Complaint by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) (Entered: 04/04/2016)
04/05/2016	8	ORDER: IT IS ORDERED granting the Consent Motion for Extension of Time to Answer or Otherwise Respond to the Complaint (Doc. 7 ). Defendant Stanton shall have until 30 days after the date of this Order to answer or otherwise respond to the Complaint. IT IS FURTHER ORDERED denying Defendant's Motion for Extension of Time to File Answer (Doc. 6 ) as moot. Signed by Judge John J Tuchi on 4/5/16.(JAMA) (Entered: 04/05/2016)
04/13/2016	9	***STRICKEN by (Doc. 10 )--AMENDED COMPLAINT against James Nicholas Stanton filed by James Oliver Romine, Jr. (ATD) (77 pages) Modified on 4/15/2016 (ATD). (Entered: 04/13/2016)
04/15/2016	10	ORDER striking Plaintiff's 9 Amended Complaint. Plaintiff may file a Motion to Amend pursuant to Federal Rule of Civil Procedure 15(a)(2) and Local Rule 15.1(a) by April 27, 2016. Signed by Judge John J Tuchi on 04/15/2016. (ATD) (Entered: 04/15/2016)
04/27/2016	11	MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (Attachments: # 1 Exhibit)(REK) (Entered: 04/27/2016)
05/04/2016	12	***Lodged at 15 because of Motion at 13 *** MOTION to Dismiss Case for Lack of Standing, Lack of Personal Jurisdiction, and Failure to State a Claim under Rule 12(b)(6) by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) Modified on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	13	*MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction by James Nicholas Stanton. (Attachments: # 1 Text of Proposed Order)(Hartman, Bradley) *Modified to correct text on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	14	*RESPONSE in Opposition to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartman, Bradley) *Modified to correct event on 5/5/2016 (REK). (Entered: 05/04/2016)
05/04/2016	15	*FILED at (Doc. 19 ) pursuant to 18 Order--LODGED Proposed Motion to Dismiss for Failure to State a Claim and Motion to Dismiss for Lack of Jurisdiction re: 13 MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss [Doc. 12] . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Nicholas Stanton. (Attachments: # 1 Exhibit A, Declaration of James Stanton and Attachments 1-5)(Hartman, Bradley) *Modified to correct text re: motion types on 5/5/2016 (REK). Modified on 5/10/2016 (KGM). (Entered: 05/04/2016)
05/09/2016	16	REPLY to Response to Motion re: 11 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016	17	MOTION for Leave to File Excess Pages (after the fact) for Motion to Amend/Correct (Doc. 11 ) by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/10/2016	18	ORDER granting 13 Motion for Leave to File Excess Pages. Defendant may file his motion to dismiss not to exceed 22 pages. IT IS FURTHER ORDERED directing the Clerk to file the document lodged at Document 15. Signed by Judge John J Tuchi on 5/10/16.(KGM) (Entered: 05/10/2016)
05/10/2016	19	* MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss Case for Lack of Standing by James Nicholas Stanton. (Attachments: # 1 Exhibit)(KGM) *Modified to correct motion type on 5/10/2016 (KGM). (Entered: 05/10/2016)
05/10/2016	20	RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (KGM) (Entered: 05/10/2016)
05/11/2016	21	*Filing fee paid, receipt number PHX171860. This case has been assigned to the Honorable Douglas L Rayes. All future pleadings or documents should bear the correct case number: MC-16-00045-PHX-DLR. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. *This was docketed in this case in error* (Entered: 05/11/2016)
05/11/2016	22	MOTION for Leave to File Amendment to 20 Response to Motion to Dimiss Plaintiff's Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016	23	MOTION for Leave to File Excess Pages for 22 Amendment to Response to Motion to Dismiss Plaintiff's Complaint by James Oliver Romine, Jr. (KGM) (Entered: 05/12/2016)
05/11/2016	24	*(Filed at (Doc. 31 )--LODGED Proposed Amendment to Response to Defendant's Motion to Dismiss re: 22 MOTION for Leave to File Amendment to Response to Motion to Dimiss Plaintiff's Complaint, 23 MOTION for Leave to File Excess Pages for Amendment to Response to Motion to Dismiss Plaintiff's Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (KGM) Modified on 6/28/2016 (LSP). (Entered: 05/12/2016)
05/13/2016	25	REPLY to Response to Motion re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/13/2016)
05/16/2016	26	ORDER: IT IS ORDERED denying as moot Plaintiff's Motion for Leave to Exceed Length of Motion to Amend Complaint (Doc. 17 ). (See attached Order for details). Signed by Judge John J Tuchi on 5/16/16.(JAMA) (Entered: 05/16/2016)
05/16/2016	27	MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint by James Oliver Romine, Jr. (REK) (Entered: 05/16/2016)
05/16/2016	28	*LODGED Proposed Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by James Oliver Romine, Jr. (REK) Modified on 6/28/2016 (LSP). (Entered: 05/16/2016)
05/31/2016	29	RESPONSE in Opposition re: 27 MOTION for Leave to File Supplemental Memorandum in Support of Motion/ Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint filed by James Nicholas Stanton. (Hartman, Bradley) (Entered: 05/31/2016)
06/28/2016	30	ORDER granting 22 Plaintiff's Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint and granting 23 Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff's Original Complaint. The Clerk shall file the document currently lodged at (Doc. 24 ). IT IS FURTHER ORDERED denying 27 Plaintiff's Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant's Motion to Dismiss Original Complaint. Signed by Judge John J Tuchi on 6/28/16.(LSP) (Entered: 06/28/2016)
06/28/2016	31	AMENDED RESPONSE to Motion re: 19 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss Case filed by James Oliver Romine, Jr. (LSP) (Entered: 06/28/2016)
07/11/2016	32	Second RESPONSE to Motion (Titled: Motion in Response to Dismissal and Amendment to Motion in Response to Dismissal as Affidavit of Opposition) re: 19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Case filed by James Oliver Romine, Jr. (2 pages) (REK) (Entered: 07/12/2016)

09/27/2016	33	MOTION to Amend/Correct 1 Complaint by James Oliver Romine, Jr. (KGM)   (Entered: 09/28/2016)
10/04/2016	34	RESPONSE in Opposition re: 33 MOTION to Amend/Correct 1 Complaint filed by James Nicholas Stanton. (Hartmen, Bradley) (Entered: 10/04/2016)
10/11/2016	35	REPLY to Response to Motion re: 33 MOTION to Amend/Correct 1 Complaint filed by James Oliver Romine, Jr. (REK) (Entered: 10/12/2016)

 

As you might expect, this the 'jockeying for position' phase.

Document 29:

"Plaintiff’s motion should be denied because the Supplemental Memorandum [Doc 28] is an impermissible sur-reply. Plaintiff merely repeats arguments already made in response to the Motion to Dismiss and cites new cases not within Defendant’s reply brief. The motion should be denied."

Document 30:

"At issue are pro se Plaintiff James Oliver Romine’s Motion for Leave to File Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 22), Motion for Leave to File Excess Pages of Amendment to Motion in Response to Motion to Dismiss Plaintiff’s Original Complaint (Doc. 23), and Motion for Leave to File a Supplemental Memorandum in Support of Amended Motion in Response to Defendant’s Motion to Dismiss Original Complaint (Doc. 27), to which Defendant James Nicholas Stanton filed a Response in Opposition (Doc. 29)."

Document 31:

"The Plaintiff respectfully requests that the Court deny Defendant's Motion to Dismiss the Original Complaint which is futile for the reasons stated within this Motion In Response to Motion for Dismissal."

Document 32:

"The Plaintiff respectfully requests that The Court accept The Plaintiff's Motion In Response to The Defendant's Motion to Dismiss and The Plaintiff's Amendment to Motion in Response to The Defendant's Motion to Dismiss as The Plaintiff's Opposition to The Defendant's Motion to Dismiss. This is only submitted as the term "Opposition" was not specifically stated in those two documents. The Plaintiff was unaware if this was a required statement and felt it may need to be stated officially. Apologies if this is obvious and unnecessary."

Document 33:

"The Plaintiff respectfully requests that The Court accept this Motion for Leave to Amended Complaint. Attachment T1 shows where The Plaintiff misquoted the proper code which was believed to be US Code. US Code 28 4101 was mistaken for ARS 12-541. The original code was cited from Cornell University's law website. The Plaintiff has just learned of this discrepancy and requests to submit an Amended Complaint in regards. This is the only change requested. If this motion is granted, The Plaintiff will submit the properly edited document in a second motion. The Plaintiff did not wish to cause excess work for the Clerk of the Court with another copy of the 79 page document if this Motion was denied."

Document 34:

"Defendant James Stanton responds in opposition to Plaintiff's Motion for Leave to File Second Amended Complaint [Doc. 33]. Defendant objects to the Motion for Leave to Amend because it is improper and untimely while a Motion to Dismiss is pending and also because the proposed amendment is futile."

Document 35:

"The Plaintiff respectfully requests this Reply to Opposition to Motion for Leave to File Second Amended Complaint/Correction be accepted as there was an error on strike through on the original document."

 

At this rate, we guess the really good stuff will begin in 2017.

/*

UPDATED 17 October 2016

Inclusion of Documents 33, 34, 35.

/*

“And if you get hurt (if you get hurt)
By the little things I say
I can put that smile back on your face
Ooh, and it's alright and it's coming along
We gotta get right back to where we started from”
Maxine Nightingale (1975), “Right Back Where We Started From,” Slap Shot (1977)

//

eBay Seller -$19,250 - eBay Buyer -$1.44 - eBay 0

eBay Seller -$19,250 - eBay Buyer -$1.44 - eBay 0
EventHorizon1984
8 September 2015

MED EXPRESS, INC. vs. AMY NICHOLS, et al.
Case No.: 13CIV0351 13CIV0352
Court of Common Pleas, Medina County, Ohio

“The Plaintiff's conduct consisted of allegations or other factual contentions that had no evidentiary support or, if specifically so identified, were not likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. Again, Mr. Rudy had no objective evidence suggesting the statements of fact made by the Defendants were not true. Furthermore, the Plaintiff misrepresented the matter in the pleadings and to the court."
Magistrate James R. Leaver, August 31 2015, Court of Common Pleas, Ohio

Ars Technica posted the article "eBay seller who sued over negative feedback dinged $19K in legal fees" "Judge didn't find Med Express founder's testimony credible" on September 3 2015.  The article began with:

"When Med Express sued Amy Nicholls for giving negative feedback on eBay, she didn't back down and remove the feedback. Instead, she lawyered up"

As can be seen in the Court document, and the Ars Technica article, things did not go well with "Med Express founder Richard Radey" and his attorney.

Beginning with this statement in the first paragraph of the "Magistrate's Decision":

"On July 6, 2015, counsel for the Plaintiff filed a motion to withdraw from the representation of the Plaintiff citing irreconcilable differences with the client."

The action that started the legal snowball moving?

• Plaintiff: "Med Express pain the full amount of the shipping cost, but for some reason unknown to Med Express, the equipment was received by Nicolls with $1.44 postage due."
• Plaintiff: "Nicholls on February 26, 2013, apparently as a result of the $1.44 postage due, posted negative feedback and comments for the transaction on Ebay's website"

 

“Okay kids. This is where it gets complicated.”
Amy Pond, Doctor Who, Time (2011)

Indeed.  The Court record, as signed by Magistrate James R. Leaver, states:

• "Med Express initiated a second lawsuit against Defendants Dennis Rogan and Ebay, INC."
• "WHEREFORE, Plaintiff Med Express Inc. demands judgement against Defendants Dennis Rogan and Ebay, Inc."

Leading to, as signed by Magistrate James R. Leaver:

• "On March 28, 2013, the Court denied the motions for a temporary restraining order in both cases."
• "On April 18, 2013, the complaints in both cases were voluntarily dismissed."
• "Ebay never filed an answer in either case."

Which lead to more Court action, as signed by Magistrate James R. Leaver:

• "Counsel further prompted Mr. Rady by asking, "So as you sit here today, you remember those ratings were from Ms. Nicholls--is that right?" "Mr. Rady testified "Yes", and again stated all categories were rated 1's."
• "On November 7, 2014, Counsel for the Defendants took the deposition of Rebakah Long, an Ebay representative, in Draper, Utah.  Ms. Long's testimony revealed that Mr. Rady's prior testimony regarding seeing the Defendants rate him with all 1's on Ebay's detailed seller ratings page was false.  She testified detailed seller ratings are anonymous and the seller cannot view the ratings.  Furthermore, the ratings left by Defendants Rogan and Nicholls were not all 1's."
• "The deposition of Ms. Long shows that Mr. Rady's testimony was false."

Ars Technica noted:

• "Following the second trial, Radey's original lawyer James Amodio agreed to pay part of the attorney's fees, and Public Citizen dropped him from their motion for sanctions."
• "Radey had two different lawyers during the sanctions proceedings, and the second lawyer stopped representing him in July 2015."

Moving along to the sanctions portion, "The matter proceeded to oral evidentiary hearing before the undersigned Magistrate on April 2, 2015":

• "Mr. Radey also testified again.  His testimony varied from the first hearing in that he attempted to clarify his prior trial testimony" ... "This time he testified he must jumped to the conclusion Nicholls and Rogan rated him with all 1's (as opposed to his prior testimony that he basically watched it happen almost live).  Mr. Rady also testified he called Ebay years ago and Ebay gave him the idea to file suit against Ebay and buyers leaving negative feedback.  The negative feedback could be removed by court order.  The testimony wasn't credible."  Magistrate James R. Leaver

A few tidbits from Magistrate James R. Leaver's Conclusion of Law:

• "4.  Opinion speech is protected speech that is never actionable as defamation.  When determining whether a statement is fact or opinion, a court is to consider the specific language used, whether the statement is verifiable, the general context of the statement, and context in which the statement appeared.  An objective "ordinary reader" test is to be applied to determine whether a statement is a false statement of fact.  The court must determine whether a reasonable reader would view the words to be language that normally conveys information of a factual nature or opinion.  If the language is factual in nature, a truthful statement cannot be defamation because an element of defamation is a false defamatory statement."
• "5.  The feedback generated by Nicholls and Rogan is part opinion and part statement of fact."
• "6.  An argument could be made the narrative statements left by Defendants Nicholls and Rogan were intended to be statement of facts even though they appear in a forum designed to elicit opinions.  Nevertheless, these statement could not have been the basis of a defamation action because the statements are undeniable true and Mr. Rady had no objective reason whatsoever to question their veracity when he caused the complaints to be filed."
• "7.  The Plaintiff's complaints had no merit, legally or factually, when they were filed."
• "8.  R.C 2323.51(A)(2) defines frivolous conduct ..."
• "9.  A violation of any one of the above sections is frivolous conduct.  The Plaintiff has violated all four sections."
• "13.  The Magistrate finds the Plaintiff's complaint and motions set forth factual contentions that the Plaintiff knew or should have known were not warranted by the evidence."
• "14.  R.C. 2323.51 allows a party adversely affected by frivolous conduct to recover an award of court costs, reasonable attorney fees, and other reasonable expenses incurred in connection with the civil action."
• "22.  The Magistrate finds the Defendants are entitled to an award of attorney fees in the amount of $16,446.00 (total hours of 164.46 x 1/2 x $200.00) plus expenses of $2,804.00,, for a total award of $19,250.00 against Med Express, Inc."

There was one bright spot, for the Plaintiff's lawyers James Amodio and Richard Cardenas:

• "Defendants withdrew their motion for sanctions as to Attorney James Amodio only."
• "The Defendants' motion for a default award of sanctions is denied."

 

“What is the moral?
Must be a moral.
Here is the moral, wrong or right: Morals tomorrow!
Comedy, comedy, comedy, comedy,
Comedy, comedy, comedy, comedy tonight!”
A Funny Thing Happened on the Way to the Forum (1966) 

The moral?  Well, don't sue eBay INC.

According to the court document, Amy Nichols never did get the $1.44 refund.

/*

“Section 11, Article I of the Ohio Constitution provides in relevant part: Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press."
Magistrate James R. Leaver, 2015

“Take it easy, lad. Everybody's entitled to an opinion.”
Montgomery Scott, The Trouble With Tribbles, 1967

//

Ebay, PayPal, Hewlett-Packard - Breaking Up Is Hard.

Ebay, PayPal, Hewlett-Packard - Breaking Up Is Hard.
EventHorizon1984
8 October 2014


“Breaking Up Is Hard To Do”
Neil Sedaka, Howard Greenfield, 1962

Convention wisdom about the 2015 split of eBay INC, says the separate parts will be quickly sold off.  Might not happen quickly.

In The Wall Street Journal article, “Dealpolitik: EBay, PayPal Takeover Talk May Be Premature”, Ronald Barusch makes this interesting point.

“eBay probably has massive gains on its PayPal shares that would trigger huge taxes if the deal didn’t qualify as a tax-free spin-off.

For up to two years after the spin-off, an acquisition of either PayPal or eBay (regardless of which company is spun off) could destroy the tax-free status of the deal and trigger an enormous corporate tax. In spin-offs, the agreements usually make the company that’s taken over bear the risk of that tax.

Such an agreement operates as a kind of poison pill of its own: Anyone trying to take over one of the companies would indirectly be responsible for that big tax bill”

The short version being:

“The bottom line is that those expecting a quick deal following the spin-off may be jumping the gun.”

Of course with eBay INC CEO John Donahoe leading the separation plans, there is no guarantee that a monetarily smart long-term plan will be made.  I.E. shareholders could be stuck with a huge tax bill, while John Donahoe skates.


“A monkey could drive this train.”
Margaret “Meg” Whitman, during her tenure as eBay INC CEO.

“Monkey sees, monkey does.”
Alexander Boot and Shoe Company, 1892

On the heals of John Donahoe splitting eBay INC, Margaret “Meg” Whitman is leading the charge to split Hewlett-Packard.  However not into “Hewlett” and “Packard.”

Hewlett-Packard to split into two public companies, lay off 5,000
October 6, 2014
Supantha Mukherjee and Edward Chan

“Hewlett-Packard Co said it would split into two listed companies, separating its computer and printer businesses from its faster-growing corporate hardware and services” … “HP said its shareholders would own a stake in both businesses through a tax-free transaction next year.” … “Whitman, who will be CEO of HP Enterprise, the business that will sell computer servers and networking gear and data storage to businesses.”

Perhaps the ‘monkey see, monkey do’ reference is not entirely fair. 

Meg Whitman is planning “a tax-free transaction” and will be CEO of one of the split companies.  John Donahoe has not mentioned “tax-free” and will not be CEO of either the new eBay or PayPal.

Plus:

• 2 January 2014 to 8 October 2014, Hewlett-Packard stock has surged, $27.98 to $35.92.
• 2 January 2014 to 8 October 2014, eBay INC remains stagnant, $53.94 to $54.51.

Meanwhile, at the close of market. 8 October 2014:

• Alibaba - $88.30
• Amazon - $322.70
• American Express - $87.41
• MasterCard - $74.06
• Visa - $212.36

“I didn’t think eBay was right for me.”
John Donahoe, 17 June 2013

Indeed.

/*

Addendum 9 October 2014

No one here has received anything directly from eBay INC, about their separation into "eBay" and "PayPal".

Whereas days after the public announcement, Hewlett-Packard sent this Today:

We're no fan of Meg Whitman, but Hewlett-Packard does keep it's customers informed.

eBay INC, 'not so much.'

/*

“No sequel for you.”
Jack Slater, Last Action Hero (1993)

//

Musing Bytes 5 - Laniakea, Kokaku Kidotai, and PayPal

Musing Bytes 5 - Laniakea, Kokaku Kidotai, and PayPal
EventHorizon1984
30 September 2014


“Deep in the fundamental heart of mind and Universe there is a reason."
Life, the Universe and Everything, 1982, Douglas Adams


Elizabeth Gibney's Nature.com article "Earth's new address: 'Solar System, Milky Way, Laniakea'" started small.

"The supercluster of galaxies that includes the Milky Way is 100 times bigger in volume and mass than previously thought, a team of astronomers says. They have mapped the enormous region and given it the name Laniakea — Hawaiian for 'immeasurable heaven'."

Based on "Tully, R. B., Courtois, H., Hoffman, Y & Pomarède, D. Nature 513, 71–73 (2014)."

The topic added dimensions to the question, 'Is it bigger than a breadbox?'.  Yes, very much bigger.

"The super-cluster spans some 520 million light-years in diameter."

Photo from Nature.com
View Nature.com video at http://www.youtube.com/embed/rENyyRwxpHo

However The Universe is, Large.  Depending on your concept of "observable universe", The Universe is approximately "92 billion light-years" in diameter, but Earth based observations have only viewed up to 13.8 billion light-years "in every direction".

Still Laniakea is big.  Bigger than anything a human would encounter in the day to day world.  There are no hardware stores stocking 500 million to 1 billion light-year tape measures.

And yet Laniakea looks familiar.

 

“Well, it's just that the way the Major's been looking at us lately is kinda scary.”
Tachikoma, Ghost in the Shell

Ghost in the Shell, Masamune Shirow
(c) Production I.G., Bandai Entertainment, Madman Entertainment, Manga Entertainment

The conceptual view of Laniakea is reminiscent of Major Motoko Kusanagi's face, during one of her classic falling scenes.

Ghost in the Shell, Masamune Shirow
(c) Production I.G., Bandai Entertainment, Madman Entertainment, Manga Entertainment

Ghost in the Shell, or Kokaku Kidotai, was first written and illustrated in May 1989 by Masamune Shirow.  Making 2014 it's 25th Anniversary year.

Getting back to to the topic of known space.  The Universe is expanding, not contracting.  An appropriate time sequence would be the Major rising, not falling.  The galaxies have the flow and appearance of water on a woman's head, as she breaks the surface of a pool of water.

Taking all this to a philosophical conclusion.  Suppose the Laniakea formation was our three dimensional view of "Laniakea", a mathematically higher dimensional being, entering our Universe and peeking. 

The Goddess could use a hair cut.  Guess where?

 

“We and our board believe the best way to drive long-term shareholder value is to keep eBay and PayPal together, to capitalize on the opportunities”
John Donaohe, eBay INC CEO, January 2014

The news of eBay INC separating into two entities, PayPal and eBay, circulated quickly today.

"EBay Inc. (EBAY) is spinning off its PayPal division, throwing the business into direct competition with Apple Inc. (AAPL) and Google Inc. as consumers step up the use of smartphones and computers to pay for goods and services.

Activist shareholder Carl Icahn had pushed for a split earlier this year"

"eBay and PayPal are going their separate ways. Today eBay announced that its fast-growing PayPal division would be spun off as a new company in 2015."

While many had anticipated this for years, it took the actions of Carl Icahn to spark the separation.

John Donahoe, eBay INC CEO, will handle the separation, and then step down as CEO.

It is likely the announcement of the split was timed to give eBay INC a last minute boost, before the 3rd Quarter expired.

Our guess is John Donahoe and company are angling to sell the de-clawed and devalued version of eBay INC., soon after the separation.

 

"Donahoe was the wrong man for the job"
David Steiner, EcommerceBytes, 30 September 2014

In a rare show of public disdain, David Steiner of Ecommercebytes.com, started his article "How Will John Donahoe's Tenure at eBay Be Remembered?" with:

"In baseball, there's a saying after a team has a bad season: You can't fire the team, you fire the manager. 

John Donahoe's team at eBay has had a bad season, with growth that didn't keep pace with its competitors, a public confrontation with investor Carl Icahn, security breaches, site outages,.. you could say that eBay has had a very bad season."

And ended with:

"The Donahoe Era was a disaster for small sellers."

Our take on John Donahoe stepping down as eBay INC CEO, and hiding in one or both of the new PayPal and eBay Boards?

"There's something wrong here, there can be no denying
One of us is changing, or maybe we've stopped trying

And it's too late, baby, now it's too late
Though we really did try to make it
Something inside has died and I can't hide

And I just can't fake it"
It’s Too Late, 1971, Carol King & Toni Stern

Grab your own business domain and setup shop online.

Before it is too late.

/*

“The thing that's always worried me about being one of the few is the way we keep on getting fewer.”
Flight Officer David Campbell (Sir Richard Burton), The Longest Day (1962)

//

eBay Hacked - Would you believe John Donahoe offered credit protection?

eBay Hacked - Would you believe John Donahoe offered credit protection?
EventHorizon1984
22 May 2014


“You eat danger for breakfast” 
“Would you believe lunch?”  Zach Smart
“Don't do that.”  Chief Maxwell Smart
Get Smart (1995)


eBay INC made an interesting press release on 21 May 2014.  eBay INC stated:

"SAN JOSE, Calif.--(BUSINESS WIRE)-- eBay Inc. (Nasdaq: EBAY) said beginning later today it will be asking eBay users to change their passwords because of a cyberattack that compromised a database containing encrypted passwords and other non-financial data. After conducting extensive tests on its networks, the company said it has no evidence of the compromise resulting in unauthorized activity for eBay users, and no evidence of any unauthorized access to financial or credit card information, which is stored separately in encrypted formats. However, changing passwords is a best practice and will help enhance security for eBay users.

Information security and customer data protection are of paramount importance to eBay Inc., and eBay regrets any inconvenience or concern that this password reset may cause our customers. We know our customers trust us with their information, and we take seriously our commitment to maintaining a safe, secure and trusted global marketplace.

Cyberattackers compromised a small number of employee log-in credentials, allowing unauthorized access to eBay's corporate network, the company said. Working with law enforcement and leading security experts, the company is aggressively investigating the matter and applying the best forensics tools and practices to protect customers.

The database, which was compromised between late February and early March, included eBay customers' name, encrypted password, email address, physical address, phone number and date of birth. However, the database did not contain financial information or other confidential personal information. The company said that the compromised employee log-in credentials were first detected about two weeks ago. Extensive forensics subsequently identified the compromised eBay database, resulting in the company's announcement today.

The company said it has seen no indication of increased fraudulent account activity on eBay. The company also said it has no evidence of unauthorized access or compromises to personal or financial information for PayPal users. PayPal data is stored separately on a secure network, and all PayPal financial information is encrypted.

Beginning later today, eBay users will be notified via email, site communications and other marketing channels to change their password. In addition to asking users to change their eBaypassword, the company said it also is encouraging any eBay user who utilized the same password on other sites to change those passwords, too. The same password should never be used across multiple sites or accounts."

A matter of fact, 'don't panic', 'nothing to see here' statement.  Then came the scrutiny.

 

“No more secrets, Marty.”
Cosmo, Sneakers (1992)

The press release did not mention the extent of the "compromised" database.  Although on 21 May 2014 eBay INC clarified:

""For the time being, we cannot comment on the specific number of accounts impacted. However, we believe there may be a large number of accounts involved and we are asking all eBay users to change their passwords," eBay spokeswoman Kari Ramirez said."

And on 22 May 2014 eBay INC provided more clarification:

EBay hack, 2nd largest in U.S. history, leaves questions unanswered
Chicago Tribune, Reuters, 22 May 2014

“EBay Inc's description of how hackers got access to its entire database of 145 million user records leaves many questions unanswered as to how cyber criminals orchestrated what appears to be the second-biggest data breach in U.S. history.”

"“They've been pretty tightlipped. They've barely provided any information. They should be more forthcoming about what happened,” said David Kennedy, chief executive of TrustedSEC LLC, an expert in investigating data breaches.

In particular, Kennedy wants to know why it took eBay three months to detect the intrusion."

 

"Missed it by that much"
Maxwell Smart (Don Adams), Get Smart

"Computer security experts say the biggest breach was uncovered at software maker Adobe Systems Inc in October 2013, when hackers accessed about 152 million user accounts."

 

“The day ain’t over yet…”
Curly, City Slickers (1991)

In eBay INC's press release they promised, "Beginning later today, eBay users will be notified via email."  Has any reader received any email warning of the database breach? Apparently that email has yet to be sent.

"Some customers complained on eBay Community forums that they had not received much information about the breach from eBay and have yet to get notifications by email, which the company has promised to do."

And what did the "145 million user"s affected by the database incursion immediately see?

U.S. states probe eBay cyber attack as customers complain
Reuters, 22 May 2014

"As of Thursday afternoon, eBay did not have information on the attack visible on its market home page, www.ebay.com.

"That's really poor incident response," said David Kennedy, a cyber forensics expert who is CEO of TrustedSEC LLC. "EBay should be held to a higher standard.""

 

The eBay Hack: They Haven't Only Hacked Your Security, They've Hacked Your Brand
Patrick Hanion, Forbes, 22 May 2014

"The eBay Hack" brings to mind the recent Target INC hack.

Missed Alarms and 40 Million Stolen Credit Card Numbers: How Target Blew It
Michael Riley, Ben Elgin, Dune Lawrence, Carol Matlack, Businessweek, 13 March 2014

"The biggest retail hack in U.S. history wasn’t particularly inventive, nor did it appear destined for success. In the days prior to Thanksgiving 2013, someone installed malware in Target’s (TGT) security and payments system designed to steal every credit card used at the company’s 1,797 U.S. stores."

"On Saturday, Nov. 30, the hackers had set their traps"

"Target stood by as 40 million credit card numbers—and 70 million addresses, phone numbers, and other pieces of personal information—gushed out of its mainframes."

"More than 90 lawsuits have been filed against Target by customers and banks for negligence and compensatory damages. That's on top of other costs, which analysts estimate could run into the billions."

The time between hack and notification?

"Federal investigators warned Target of a massive data breach on Dec. 12."

Note this is not Target INC notifying it's customers. It's the U.S. Government notifying Target INC.

Notification to consumers was much much later.

14 January 2014

Dear Target Guest, As you may have heard or read, Target learned in mid-December that criminals forced their way into our systems and took guest information, including debit and credit card data. Late last week, as part of our ongoing investigation, we learned that additional information, including name, mailing address, phone number or email address, was also taken. I am writing to make you aware that your name, mailing address, phone number or email address may have been taken during the intrusion.

I am truly sorry this incident occurred and sincerely regret any inconvenience it may cause you. Because we value you as a guest and your trust is important to us, Target is offering one year of free credit monitoring to all Target guests who shopped in U.S. stores, through Experian’s® ProtectMyID® product which includes identity theft insurance where available. To receive your unique activation code for this service, please go to creditmonitoring.target.com and register before April 23, 2014. Activation codes must be redeemed by April 30, 2014.

In addition, to guard against possible scams, always be cautious about sharing personal information, such as Social Security numbers, passwords, user IDs and financial account information. Here are some tips that will help protect you: Never share information with anyone over the phone, email or text, even if they claim to be someone you know or do business with. Instead, ask for a call-back number. Delete texts immediately from numbers or names you don’t recognize. Be wary of emails that ask for money or send you to suspicious websites. Don’t click links within emails you don’t recognize.

Target’s email communication regarding this incident will never ask you to provide personal or sensitive information.

Thank you for your patience and loyalty to Target. You can find additional information and FAQs about this incident at our Target.com/databreach website. If you have further questions, you may call us at 866-852-8680.

Gregg Steinhafel

Chairman, President and CEO

Compare and contrast the actions and timeline of Target INC and CEO Gregg Steinhafel to eBay INC and CEO John Donahoe.

Time from breach to customer notification.

• Target Inc, customer emails, 1 month +
• eBay Inc, Press Release, 2-3 months

Message from CEO to customers.

• Target Inc, 1 month +
• eBay Inc, none

Credit protection.

• Target Inc, "Target is offering one year of free credit monitoring"
• eBay Inc, none

While eBay INC has stated,"no evidence of unauthorized access or compromises to personal or financial information", one may or may not want to take that with a grain of salt.

"Someone posted a batch of emails, scrambled passwords, phone numbers and addresses of more than 12,000 people on the Internet, saying it was a sample of data stolen from eBay and offering to sell the full batch for 1.453 bitcoin, or a little more than $750.

EBay's Miller said the information was not authentic.

Reuters spoke to six people whose phone numbers were included in that batch. While only four said they had eBay accounts, all of them said the data was correct"

If eBay INC can't identify it's own users, what assurance is there that eBay INC can identify the condition of it's own data.

The fate of Target INC CEO Gregg Steinhafe?

Target's CEO Steps Down Following The Massive Data Breach And Canadian Debacle
Forbes, 8 May 2014

“Target CEO, President and Chairman Gregg Steinhafel resigned from all his positions after extensive discussions with the board.”

 

“I’ve never seen worse corporate governance than eBay”
Carl Icahn, 5 March 2014

The fate of eBay INC CEO John Donahoe remains to be seen.

/*

“And because of current synergies, a lot of data is traded between eBay and PayPal.” JP Mangalindan, Fortune

“Why would you divide up the data?! Everyone is paying millions to get to the data. Why would you divide up the data?”
John Donahoe, 10 March 2014

/*

Technorati Profile

EventHorizon1984 Log

//

Musing Bytes 4 - Science Fiction

Musing Bytes 4 - Science Fiction
EventHorizon1984
16 March 2014


“Is this Doctor the sort who needs flattery?  Or can I leave him to it?”  Jyoti Cutler
“I just let him talk.”  Flip Jackson
“I am still here you know.”  The Doctor
“You are so brilliant.  I don’t know what I’d have done without you.”  Jyoti Cutler
“Hmmm”  The Doctor
Doctor Who, "Scavenger"
Big Finish, 14 March 2014


On 14 March 2014 Big Finish released the Doctor Who audio adventure “Scavenger” featuring The 6th Doctor, Colin Baker.  The synopsis reads:

“Thursday 28 May 2071: the day the Anglo-Indian Salvage 2 rocket launches. Its mission: to clean up space; to remove from Earth’s orbit over a century’s worth of man-made junk…

From the viewing window of a nearby space station, the Doctor and Flip have a unique view of Salvage 2 as it sets about its essential task – and of the disaster that unfolds when Salvage 2 encounters something it’s not been programmed to deal with. Something not of human manufacture…

Back on Earth, the Doctor fights to save Flip from becoming part of a 500-year tragedy being played out in orbit, hundreds of miles above. And millions will die if he fails.”

    © 2014 Big Finish Productions

Big Finish is known for “producing high-quality audio drama” “based on popular TV series such as Doctor Who” and others.

Now that is the public relations view.  (Ed.) In my opinion, that view is rather understated.

If you’re a Doctor Who fan, “Scavenger” is an excellent ‘listen’.  As are other Big Finish products.

If you’re another type of fan, there is a nice Easter egg included in the audio drama.  Salvage 2???

“I’ve been wondering.  What happened to Salvage 1?”  The Doctor
“Some Moon project from a hundred years ago.  Nothing to do with us.”  Jyoti Cutler

Well.

“Jettison Control this is Salvage 1.  The Vulture has landed!”
Melanie “Mel” Slozar from the Lunar surface, Salvage (January 1979)

A very nice tribute to the 35th anniversary of the TV movie Salvage and the TV series that followed.

Thank you Big Finish.

        © 2014 Sony
"... Jettison Salvage ..."           "... Jettison Salvage ..."
Harry Broderick (Andy Griffith), Salvage (1979)

/*

“So are you seriously telling me.  All those blokes.  Old man white hair, Beetle’s haircut, frilly shirt, long scarf big eyes, cricket boy, Joseph and his Amazing Technicolor Dreamcoat, and Lord Byron.  Are all of them?  They were you?”
“ah Yes.” The Doctor
“Wicked.”  Ace
Doctor Who, The Light At The End  
Big Finish, October 2013


And speaking of Big Finish. 

The Doctor Who 50th Anniversary show, “The Day Of The Doctor” was not the only official multi-Doctor show.  In October 2013 Big Finish released their 50th Anniversary audio adventure “The Light At The End.”  Featuring the voice talents of Doctor Who original (20th Century) cast members:

Tom Baker  (The Fourth Doctor)
Peter Davison  (The Fifth Doctor)
Colin Baker  (The Sixth Doctor)
Sylvester McCoy  (The Seventh Doctor)
Paul McGann  (The Eighth Doctor)
Louise Jameson  (Leela)
Sarah Sutton  (Nyssa)
Nicola Bryant  (Perpugilliam “Peri” Brown)
Sophie Aldred  (Dorothy Gale “Ace” McShane)
Susan Foreman  (Carole Ann Ford)
Vicki  (Maureen O’Brien)
Steven Taylor  (Peter Purves)
Sara Kingdom  (Jean Marsh)
Polly Wright  (Anneke Wills)
Jamie McCrimmon  (Frazer Hines)
Zoe Heriot  (Wendy Padbury)
Jo Grant  (Katy Manning)
Tegan Jovanka  (Janet Fielding)
Vislor Turlough  (Mark Strickson)
Geoffrey Beevers  (The Master)

And many more.

Buy it.


Two Doctors observing The Sixth Doctor.
“Do I really end up with such a terrible sense of fashion?”  The Doctor  (Tom Baker)
“Says the man in the impractical scarf.  It’s all a question of taste I suppose.”  The Doctor  (Paul McGann)
“Well I suppose that would explain your Wild Bill Hickok costume?”
“Most people think it has something to do with Byron.”
Doctor Who: The Light At The End (2013)

/*

“… Code name Lovely Angel?!  Dirty Pair!”
The soon to be ex-object of Yuri’s affection.

“LOVELY ANGELS!”
Yuri and Kei, The Dirty Pair  (1979- )


Meanwhile in Japan, SF Magajin published a story by Haruka Takachiho.  It was titled “Daatipea no Diabouken”, or known in English as "The Dirty Pair's Great Adventures".  Featuring The Dirty Pair Lovely Angels, Trouble Consultants Yuri and Kei of the World Welfare Work Association (3WA)

From then to now, the 1979 serialized book would spawn anime, manga, and comics of their adventures.

The Dirty Pair
Top Left, Clockwise

• 1979-    - (c) Haruka Takachico, Yoshikazu Yasuhiko
• (L-R)  Yuri 1, Kei 1, Mughi/Mugi 1
• 1985-1994 - (c) Sunrise, Nozomi Entertainment, Toshifumi Yoshida
• (L-R)  Kei 2, Yuri 2
• 1988-2002 - (c) Adam Warren, Haruka Takachiho, Eclipse Comics, Dark Horse Comics
• (L-R)  Kei 3, Yuri 3
• (L-R)  Kei 3, Yuri 3.0, Yuri 3.1
• 2010-    - (c) Hisao Tamaki
• (L-R)  Kei 5, Mughi/Mugi 5, Yuri 5
• 1994-1996 - Dirty Pair Flash (c) Sunrise, Bandai, Nozomi Entertainment
• (L-R)  Kei 4, Yuri 4

 Happy Birthday Dirty P Lovely Angels.

“What happened?  Or should I ask, what disaster have you initiated?”
3WA Department Chief Soranaka to Kei and Yuri ... after devastating the WWWA home city.
The Dirty Pair Strike Again (2008)

/*

"It's no secret that Japanese science fiction was greatly influenced by the Western sci-fi authors of the '50s. That became the foundation of Japanese sci-fi. All science-fiction writers were influenced by the "Big Three": Arthur C. Clarke, Isaac Asimov, and Robert A. Heinlein. That started with my generation. You won't find an author who wasn't touched by Clarke, Asimov, and Heinlein."
Haruka Takachiiho

/*

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Sony EverQuest Next Landmark Hacks, The No Hacker Help Version

Sony EverQuest Next Landmark Hacks, The No Hacker Help Version
EventHorizon1984
1 March 2014


The fledgling EverQuest Next Landmark  MMORPG began it’s paid Alpha access on 31 January 2014.  Initially buggy and wipe prone the Alpha version has mostly stabilized.  ‘Mostly’ stable as there will be a constant stream of updates. 

With the ‘mostly’ stable server and client software, hi-jinks from a few players became noticeable. 

Enter EverQuest Director of Development Dave “Smokejumper” Georgeson.

"Hi, folks,

Some innocent, and not-so-innocent, poking around in our build files has been happening recently.

Let us be perfectly clear here. This is NOT okay.

We are in Alpha right now. That means that things are not as secure as they will be later. When you go into the build and change things, you are creating bug situations that can cause serious problems with the game and/or consternation amongst its players.

That is not cool, and it's not acceptable. We will ban folks that do that. Really. There's no appeal process. You're just gone.

You'll know exactly when you're doing something wrong. You're opening up a menu via LUA that can't be opened up from within the game, or you're using a third-party tool to comb through compressed files, or you're crafting things that aren't available to other players yet. Stuff like that. There's no question that you're aware of what you're doing when you're doing these things because you can't do them accidentally.

So be a good person instead, please. Let us know that the vulnerability exists, we'll take care of things, and you will have made Landmark a better, stronger game for your efforts.

Later we will be creating a "white hats" list for people that love doing stuff like this and want to officially work with us. Details for signing up for that list will be made available at a later date, and we welcome any of you that are inclined to do those sorts of things to work with us in that regard.

But any sort of destructive or exploitative behavior during this Alpha phase will simply not be tolerated.

Sorry for being stern when I'm usually Mr. Excitement. But this is a serious matter. I hope you all understand."

Followed by:

 

"I've heard this argument countless times. Sorry, folks. It doesn't hold water. Work with us and play by the rules, or don't play.

Yes, you can datamine that stuff all that you want to, that's your right because the files are on your computer, but if we find out, we are not required to let you continue to disrupt the game. And we won't."

Followed by a caveat:

"Although we don't recommend altering these files, the *.ini files and the *.xml files in the game directory are benign files if you want to adjust your key settings (as an example) before we get the user key settings into the game.

HOWEVER, I strongly recommend that you back up those files before altering them, and if you do alter them, and you experience ANY bugs, you should revert them back to original and test again before reporting those bugs, please.

That's pretty much why we don't want folks to poke around in the files. These games are so complicated that you rarely have an idea what value touches what features.

We understand that key config is a big issue. That's why we have it as a high priority in the roadmap. Soon! "

In it's current state, EverQuest Next Landmark Alpha is little more than Minecraft with gorgeous graphics, and stripped down mining and crafting, no combat, no chat, etc.  Very slim pickens, so to speak.

("How can I take screenshots of the game?!?!")

Why some "players" have the need to cheat at something so simple is pathetic.

But not unexpected.

“If you ain’t cheating, you ain’t trying!”
Attributed to Mark Grace

Cheating in MMORPGs is not confined to Sony products.

Which can be seen here.

But as this article began with a Sony game, we'll finish with another Sony MMORPG, EverQuest 2, and a small issue of die roll cheating.

“Wait for all players to make a choice or until the timer, shown underneath the "Loot" window, runs out.”
Laughable advice on “How to Beat the Need Before Greed Loot in EQ2”

A common feature in MMORPGs is the random die roll for loot.  The "loot" being something of value.  In EverQuest II, the basic die roll command is "/ran".

'Aplayer', types "/ran" and the game server returns a numeric value from 1 to 100.

/ran
(Loot) [12:12 PM] Random: Aplayer rolls from 1 to 100 on the magic dice…and scores a 76!

'Aplayer' types "/ran 10000" and:

/ran 10000
(Loot) [12:13 PM] Random: Aplayer rolls from 1 to 10000 on the magic dice…and scores a 5332!

Unless one is actively hacking the game server, there no way to change the outcome of the roll.

Of course, the computer generated random number is not random.

Can A Computer Generate A Truly Random Number? "If you go to an online poker site, for example, and you know the algorithm and seed, you can write a program that will predict the cards that are going to be dealt."

But that's another topic, for another day.

Getting back on subject.  If you're a player, have you ever noticed the same people "accidentally" making multiple loot rolls?

(Loot) [06:47 AM] Random: Dieroller rolls from 1 to 100 on the magic dice…and scores a 33!
(Loot) [06:47 AM] Random: Dieroller rolls from 1 to 100 on the magic dice…and scores a 2!
(Loot) [06:48 AM] Random: Dieroller rolls from 1 to 100 on the magic dice…and scores a 97!

Or the same people winning loot by rolling last?

You may have been punked by a chat hack.

Apparently there's a so-called hack that involves surppressing chat lines.  We're saying "so-called" as that ability is near impossible.  Perhaps as near impossible as hacking the Sony mainframe.  Twice.

Nevertheless there were at least three sites (morte) that at one time claimed to have a hack that would buffer one chat line.  Rendering it invisible to other players.

Simply.  Take the previous rolls.  To an outside observer:

(Loot) [06:47 AM] Random: Player2 rolls from 1 to 100 on the magic dice…and scores a 7!
(Loot) [06:47 AM] Random: Player3 rolls from 1 to 100 on the magic dice…and scores a 31!
(Loot) [06:47 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 33!
(Loot) [06:47 AM] Random: Player4 rolls from 1 to 100 on the magic dice…and scores a 45!
(Loot) [06:47 AM] Random: Player5 rolls from 1 to 100 on the magic dice…and scores a 91!
(Loot) [06:47 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 2!
(Loot) [06:48 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 97!

Oh dear 'Scumbag' wasn't watching the display and forgot to turn on the hack before making the "/ran" roll.  Zip back a minute.  This is Scumbag's chat window:

hackon
(Loot) [06:47 AM] Random: Player2 rolls from 1 to 100 on the magic dice…and scores a 7!
(Loot) [06:47 AM] Random: Player3 rolls from 1 to 100 on the magic dice…and scores a 31!
/ran
(Loot) [06:47 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 33!
(Loot) [06:47 AM] Random: Player4 rolls from 1 to 100 on the magic dice…and scores a 45!
(Loot) [06:47 AM] Random: Player5 rolls from 1 to 100 on the magic dice…and scores a 91!
/ran
(Loot) [06:47 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 2!
/ran
(Loot) [06:48 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 97!
hackoff

An outside observer views:

(Loot) [06:47 AM] Random: Player2 rolls from 1 to 100 on the magic dice…and scores a 7!
(Loot) [06:47 AM] Random: Player3 rolls from 1 to 100 on the magic dice…and scores a 31!
(Loot) [06:47 AM] Random: Player4 rolls from 1 to 100 on the magic dice…and scores a 45!
(Loot) [06:47 AM] Random: Player5 rolls from 1 to 100 on the magic dice…and scores a 91!
(Loot) [06:48 AM] Random: Scumbag rolls from 1 to 100 on the magic dice…and scores a 97!

Possible workarounds.

• Turn on the Need or Greed option for a specific loot item.  Cumbersome but not hackable.
• Everyone rolls, then the raid/group leader or designated randomizer rolls.  Player with a number closest to the second roll wins.  Beatable.  A cheater playing the odds will roll a number between say 33 and 66; long explanation not provided.  A cheater will still win more often than other players, but will no longer be guaranteed an instant win.
• Use a large changing randomly selected seed.  Like raid/group leader types "/ran 10000 32000" and everyone must roll "/ran TheResultsOfLeaderRoll".  And rolls must be completed in two ticks of the system clock.  That is 06:47 to 06:48; a duration of 61 seconds to 119 seconds.  Cumbersome, beatable.  Manual typing a large number takes time.  Because the number is not constant, changing a "ran" macro takes time.  A fast typist can beat this, but this does cut down on the number of rolls the cheater can make.  This does penalize slow typing honest players.
• Everyone who wants the item, types in chat their name or moniker.  Like drawing a name from a hat, the Raid Leader rolls /ran NumberOfNamesInChat.  Winner is the name with the matching number.  Quick, easy, painless.

<shrug>  You can believe it or not.

On the plus side, the sites got taken down.  On the minus side, if this hack or exploit is real, and this is not confined to EQ2, honest online players should keep their guard up.

/*

Updated 1 April 2014.

/*

“The only way to win is cheat”
Suicide Is Painless, Johnny Mandel
The theme from M*A*S*H (1970)

/*

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eBay Stock Is On Fire Meme - 2013 Part Deux

eBay Stock Is On Fire Meme - 2013 Part Deux
EventHorizon1984
1 January 2014


"MasterCard Inc. (MA), the second-biggest bank-card network"
Dakin Campbell and Elizabeth Dexheimer, 10 December 2013

The full quote, from Bloomberg News is:

"MasterCard Inc. (MA), the second-biggest bank-card network, said its board of directors approved an 83 percent dividend increase and a 10-for-1 stock split."

Which got us thinking about previous articles on finance and stock prices.

We'll keep this short.  Here's a list companies and stock prices mentioned over the years.

	3/31/2008*	12/31/2013	$ Increase	% Increase	Dividends
eBay	$29.87	$54.87	$25.00	83.70%	No
Amazon	$70.25	$398.79	$328.54	467.67%	No
Apple	$143.27	$561.02	$417.75	291.58%	Yes
Google	$435.64	$1,120.71	$685.07	157.26%	No
Starbucks	$17.06	$78.39	$61.33	359.50%	Yes
Hewlett-Packard	$47.59	$27.98	-$19.61	-41.21%	Yes
Visa	$62.36	$222.68	$160.32	257.09%	Yes
MasterCard	$222.99	$835.46	$612.47	274.66%	Yes
American Express	$43.72	$90.73	$47.01	107.53%	Yes
Discover	$16.70	$55.95	$39.25	235.03%	Yes

* 31 March 2008 is the date John Donahoe became CEO of eBay INC.

The current CEO of Hewlett-Packard is Margaret Whitman.  Margaret "Meg" Whitman was the CEO of eBay INC prior to John Donahoe.

Meg Whitman became HP CEO on 22 September 2011.  Here's the head-to-head during the appropriate time frame.

	9/22/2011	12/31/2013	$ Increase	% Increase	Dividends
Hewlett-Packard	$22.80	$27.98	$5.18	22.72%	Yes
eBay	$31.67	$54.87	$23.20	73.26%	No

 

Consistent. 

Hope you chose the right stocks.

Happy New Year! 

/*

“He chose poorly.”
Grail Knight (Robert Eddison 1908-1991), Indiana Jones and the Last Crusade (1989)

/*

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Corri McFadden v. Midley, And The Winner Is ...

Corri McFadden v. Midley, And The Winner Is ...
EventHorizon1984
20 December 2013

 

“Well, frankly I told you guys at the start of this matter that it's going to be an expensive case and that's the reason why the parties should resolve it earlier rather than later. And the problem with SLAPP motions in general is that I don't find in my personal experience that SLAPP motions help the situation. SLAPP motions wind up making things more expensive in the long run for litigation. It is a statute which is ill thought out, ill advised, and I understand why Kazinski wants to get rid of it in federal court.”
United States District Court Judge George H. Wu, 20 May 2013

In the matter of eDrop-Off Chicago LLC and Corri McFadden v. Nancy R. Burke; Midley, INC. dba Pursebloge.com; and Does 1 through 10, inclusive, Case No. 2:12-cv-04095-GW

<pause>

and eDrop-Off Chicago LC, et al. v. Midley, Inc., et al., Case No. 1:12-cv-03632

<pause>

Merry Christmas

<pause>

to Edwards Wildman Palmer LLP and Greenberg Traurig LLP.  

As by our humble estimates, the total legal bill for both (May 2012 to December 2013) cases, is between $1,000,000 and $2,000,000.

Oh.

The cases were settled.

United States District Court
Central District of California
Document 145
Filed 12/18/13

“TO THE COURT AND ALL PARTIES IN THIS ACTION:
PLEASE TAKE NOTICE that the parties have reached a settlement of the above-captioned matter and are currently in the process of executing the agreement. The parties anticipate that a stipulation of dismissal will be filed within 15 days.”

United States District Court
Central District of California
Document 146
Filed 12/19/13

“Pursuant to Federal Rule of Civil Procedure a1(a)(1)(AXii), Plaintiffs eDROP-OFF CHICAGO LLC and CORRI MCFADDEN (collectively, "eDropoff' or "Plaintiffs") and Defendant MIDLEY, INC. dbc PURSEBLOG.COM ("Purseblog" or "Defendant"), by and through their respective counsel of record, hereby stipulate and agree that this action, including all claims asserted by Plaintiffs against Defendant in the complaint and first amended complaint, are hereby dismissed with prejudice as Plaintiffs and Defendant, by confidential settlement agreement, have reached an acceptable resolution of all matters related to this action. Plaintiffs and Defendant are to bear their own costs and attorneys' fees in connection with this action.”

United States District Court
Northern District of Illinois
Document 77
Filed 12/19/13

“MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status
hearing held on 12/19/2013 with attorneys for both sides. Pursuant to settlement, the case is dismissed with prejudice and without costs. Civil case terminated.”

Documents obtained through the services of PACER, Public Access To Court Electronic Records.

For the moment, publishing protections under Section 230 of the Communications Decency Act remain intact.

“the Court is no party’s advocate”
United States District Court Judge George H. Wu, 19 September 2013

On a final note, eBay INC’s involvement was solely a matter of past history.

Greenberg Traurig LLP

Ian C. Ballon

• "Lead counsel for eBay, Inc. in Inman v. Technicolor USA, Inc., 2011 WL 5829024 (W.D. Pa. 2011) in obtaining judgment in a toxic tort and product liability case brought in the Western District of Pennsylvania based on federal preemption under the Communications Decency Act (CDA)."
• "Lead counsel to eBay, Inc. in copyright infringement, DMCA, and Lanham Act cases in the Central District of California."

And here is the opinion of Tabberone about Greenberg Traurig.  Tabberone having won "80%" of their Federal cases.  Abet the opinion is directed toward an attorney who no longer works for the firm.

Edwards Wildman Palmer LLP

The sister company Edwards Wildman Palmer UK LLP had represented eBay INC.

• "Acting for eBay in eBay v L’Oreal Trade mark litigation matter before the High Court of London"

That's All Folks.

/*

“Court would make several observations designed to advance the parties' discussion at the status conference. Due in no small part to the added procedural complexities impacting an anti-SLAPP motion filed in federal court (and the parties' strategic calculations and miscalculations in the opening weeks of this litigation), the Court is utterly convinced that the parties have already spent far more time and money on this case (and this motion) than warranted. To the extent a limited amount of further briefing on this motion could avoid an exponential increase in the devotion of time and resources that would be necessary on an appeal, the option is inherently attractive.”
United States District Court Judge George H. Wu, 10 October 2013

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Stories PayPal Told Me; Would You Believe??

Stories PayPal Told Me; Would You Believe??
EventHorizon1984
26 November 2013

“I have you surrounded by the entire mounted 17th Bengal Lancers.”
“I don’t believe you.”
“Would you believe the First Bengal Lancers?”
“No.” Khan (Bill Dana)
“How about Gunga Din on a donkey?” Faversham (Don Adams)


Recently in a 72 hour time frame, various associates had their online sites hit by multiple "PayPal shoppers". 

The typical modus operandi was:

• Direct email contact.
• Made a 25% or so offer on a product, with free shipping.
• And/Or the buyer tells the shop, if they had PayPal the buyer would have bought the item.
• Buyer gives one or more reasons why the shop should carry PayPal.

The commonality was the sites did not offer PayPal.

Years back one enterprising individual, unrelated to this site, moved off eBay and setup two online shops with no name connection to their eBay store.  Both sites had mostly the same products.  Both were setup with merchant accounts to accept major credit cards.  One had Google Checkout as an additional payment option, the other had PayPal as an additional checkout option.

The site without PayPal was hit by "PayPal shoppers", the other site was not.  Nothing unusual there, but a few days later a purchase was made from the shop hosting PayPal.  The owner figuratively scratched her head; something was familiar with the item purchased. 

Hmmm.

• It was one of the items fingered by a "PayPal shopper".
• Direct checkout.  Paid full price.  Paid full shipping.
• Same IP address.
• Payment was not through PayPal.  Something about Karl Malden.

Moving along, and just what were the pithy PayPal pitches spread by the "PayPal shoppers"?

Read on.

"Life is pain, Highness. Anyone who says differently is selling something."
Man in Black/Wesley, Princess Bride (1987)

'Most shops accept PayPal.' ("PayPal shopper" paraphrased)

In the United States (U.S.), False.

The actual answer to what most United States shops do not accept is surprising:

According to the Forbes 16 August 2013 article, "Why Don't More Small Businesses Accept Credit Cards":

• “55 percent of the nation’s 27 million small businesses do not accept credit cards.”

To restate, ‘most U.S. shops do not accept PayPal, or any form of credit.’

In the United Kingdom (U.K.), False.

According to the Tamebay 13 November 2013 article "PayPal: SMEs that don't take cards are missing out on £800m", this is what PayPal says about credit acceptance in the U.K.:

• “A PayPal survey”
• “The research says that just over a third (36%) of the businesses surveyed currently accept card payments”

To restate, According To PayPal ‘most U.K. shops do not accept PayPal, or any form of credit.’

On the other hand if you happen to be a seller who only accepts PayPal, be aware of this tip from Community Merchants USA:

“69% of consumers aged 18-34
58% of consumers aged 35-44
say they will only shop at businesses that take multiple forms of payment"

PayPal exclusivity has a price.

What about the rest of Planet Earth?

As whether PayPal is most used by the rest of the planet, read the next section.

“Don’t leave home without it.”
Roger Daltrey, American Express (1985)

'PayPal is the most used form of credit.' ("PayPal shopper" paraphrased)
'PayPal is the most popular form of credit.' ("PayPal shopper" paraphrased)

World wide, False.

PayPal public relations provides these statistics:

• Q1 2012 - "net Total Payment Volume" "$34 billion", "555 million transactions"
• Q2 2012 - "net Total Payment Volume" "$34 billion", "565 million transactions"
• Q3 2012 - "net Total Payment Volume" "$35 billion", "589 million transactions"
• Q4 2012 - "net Total Payment Volume" "$41.5 billion", "692 million transactions"

The 2012 total net Total Payment Volume is $144.5 billion", or as PayPal put it "PayPal’s net Total Payment Volume for 2012, the total value of transactions, was $145 billion”.

The 2012 total transaction count was 2,401 million.

And PayPal, at the end of 2012, had "110 million active accounts".

Impressive, but let's put this in global context.

Visa ("more people go with Visa.") filed their 10-K annual report to the United States Security and Exchange Commission on 22 November 2013.

This is their 2012 view of the competition:

PayPal is not missing from the Visa annual report.  Visa does have one statement about PayPal:

• “We may face increasing competition from emerging players in the payment space, many of which are non-financial institution networks that have departed from the more traditional business model. The emergence of these potentially competitive networks has primarily been via the online channel with a focus on eCommerce and/or mobile technologies. PayPal, Google and Isis are examples.”

To understand this corporate equivalent of a yawn, let’s insert the appropriate PayPal amounts in the Visa competition chart:

                     Payment        Total        Cards/Accounts
                      Volume     Transactions
                    (billions)    (billions)          
Visa                 $4,018          81.6         2,128 million
MasterCard           $2,693          46.3         1,158 million
American Express       $884           5.9           102 million
PayPal                 $145           2.4           110 million
Discover               $122           2.1            62 million
JCB                    $179           1.6            79 million
Diners Club             $27           0.2             6 million


For the moment, it appears PayPal is a footnote to Number 1 Visa.  Or PayPal is considered part of the MasterCard network.  After all, take a look at the logo on your PayPal credit/debit card.  It’s not PayPal or eBay.  It is MasterCard.

Or for some of you, Wells Fargo.

As PayPal put it about credit card networks:

• “PayPal does not directly access payment card networks, such as Visa and MasterCard”
• “While the regulations adopted by the Federal Reserve Board in June 2011 do not treat PayPal as a “payment card network,” future changes to those regulations or to PayPal’s business could potentially cause PayPal to be treated as a payment card network”
• “PayPal is dependent on the processing companies and banks that link PayPal to the payment card and bank clearing networks to process transactions.”

"I was gathering information….."
Neal Caffrey, White Collar (2009- )

'PayPal is the safest …' ("PayPal shopper" paraphrased)

False.


As of 23 November 2013 PayPal said:

“PayPal's industry-leading loss rate is less than 0.5%.”

As of 26 November 2013 PayPal said:

“PayPal maintained a very low loss rate of 0.30% or approximately one third of 1%.”


In 2000 the fraud rates for Visa and MasterCard were:

• “From eMarketer of November 2000 we learn that Visa and MasterCard report overall rates of credit card fraudulent transactions of 0.08% and 0.09% respectively.”

The paragraph continues with:

• “As far as e-commerce credit card transactions are concerned, eMarketer from January 2001 reports tht of 60,320,000 online B2C transactions in 1999, only 18,600 (i.e. 0.03%) were fraudulent.”

Better numbers than 2013 PayPal, but definitely old statistics.

Moving to 2013, The Wall Street Journal 11 March 2013 article "Visa Says Big Data Identifies Billions of Dollars in Fraud" states:

• “Visa’s fraud detection efforts moved into the digital world 20 years ago”
• “6 cents out of every $100 in transactions are believed to be fraudulent.”

That’s a 0.06% fraud rate for Visa, versus PayPal’s "0.5%" err "0.30%".


“What’s Love Got To Do With It”
Tina Turner

“PayPal. The world’s most-loved way to pay and get paid.”  PayPal

Well ….

When PayPal shows the cold statistics proving the claim, we’ll mark it true.

 

"What is love" was the most searched phrase on Google in 2012"
Google

Then again, “love” is unquantifiable.  Let’s do something TONGUE-IN-CHEEK IRREVERANT.

Here’s a Google search using “love”.  These are the numbers:

“love paypal” - About 447,000,000 results

“love visa credit card”* - About 532,000,000 results

* Excludes the nomenclature visa as in passport related.

“love mastercard” - About 147,000,000 results

“love american express” - About 280,000,000 results

Winner 'most loved', Visa.

Okay.  Let’s try this:

'PayPal. The world’s least-despised way to pay and get paid.'

Doing a Google search using “hate”, these are the numbers:

“hate paypal” - About 14,100,000 results

“hate visa credit card”* - About 109,000,000 results

“hate mastercard” - About 6,650,000 results

“hate american express” - About 43,500,000 results


Winner 'least hated', MasterCard.

Sorry PayPal.

/*

“I’ll tell you the truth and its up to you to live with it.”
William Goldman, The Princess Bride:  S. Morgenstern's Classic Tale of True Love and High Adventure (1973)

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eBay Stock Is On Fire Meme

eBay Stock Is On Fire Meme
EventHorizon1984
10 October 2013


"well-biased samples can be employed to produce almost any result anyone may wish."
Darrell Huff, How To Lie With Statistics

A recent variation of the meme "eBay INC is a long term stock" was made by eBay INC seller FurryFriend702 on EcommerceBytes.

To quote:

• "Ebay stock has been on fire"

This FurryFriend702 continues cherry picking data with:

• 
• "The fact is, Ebay stock has done extremely well over the last several years.  This is a five year chart: http://finance.yahoo.com/q/bc?s=EBAY+Basic+Chart&t=5y> All of you should wish you owned this stock during this period."

Here's the chart FurryFriend702 wants you to see:

Chart from Yahoo! Finance

Since John Donahoe became CEO of eBay INC on 31 March 2008, don't you wonder about what's missing?

"And you're in good, or at least respectable, company.  A news magazine has used this method to show the stock market hitting a new high, the graph being so truncated as to make the climb look far more dizzying than it was."
Darrell Huff, How To Lie With Statistics

Years ago disingenuous stock analysts hyping a favorite stock, would point to the massive increase in stock price over the years.  They would use as a base the price of a stock in 2009.

Well ... Wall Street "crashed" in September 2008, sending stock prices diving.

Chart from Money.CNN.com

Spoiler Alert, stock prices rose after the "crash."

Chart from Money.CNN.com

Any similarity between the above five year rise in the DJIA (Dow Jones Industrial Average) and the five year rise in eBay INC stock price is not coincidental.

Of course it would be equally disingenuous to show a stock price diving, with the end point being after September 29 2008.

To be fair, here's eBay INC's stock price over it's lifetime:

Chart from Yahoo! Finance

Included is the missing left side of the FurryFriend702's trough.

We find it amazing that people still attempt to fool others by using "crash" stock prices to make a point.

"Place little faith in an average or a graph or a trend when those important figures are missing."
Darrell Huff, How To Lie With Statistics

Our focus is on eBay INC stock price performance during CEO John Donahoe's entire tenure.  A stewardship that began on 31 March 2008.

Here's how our usual four stock group, plus Google, starting with share price on 31 March 2008.

	3/31/08	10/10/13	$ Increase	% Increase	Dividends
eBay	$29.87	$53.42	$23.55	78.84%	No
Amazon	$70.25	$305.17	$234.92	334.41%	No
Apple	$143.27	$489.64	$346.37	241.76%	Yes
Google	$435.64	$868.24	$432.60	99.30%	No
Starbucks	$17.06	$77.12	$60.06	352.05%	Yes

How do you think John Donahoe is performing stock wise?

If you sell high and buy low, there is money to be made keeping track of a stock's highs and lows.  If you held on to a particular stock as a 'long term investment', hope it was the right stock.

/*

"You got to know when to hold 'em, know when to fold 'em,
Know when to walk away and know when to run.
You never count your money when you're sittin' at the table.
There'll be time enough for countin' when the dealin's done."
Kenny Rogers, The Gambler

/*

Related articles:

eBay INC Stock Price During CEO John Donahoe's Tenure

eBay INC Stock Has Turned Around Under CEO John Donahoe; Really?

The eBay INC Is A Long Term Stock Meme

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How Old Are We? Do Not Go Gentle Into That Good Night?

How Old Are We? Do Not Go Gentle Into That Good Night?
EventHorizon1984
18 September 2013

 

"How old are you, Chiun. I mean really, you must be pretty old, right?"
"For an apricot, yes. For a head of lettuce, even more so. For a mountain, I have not even begun. For a man, just right." Chiun
Remo Williams: The Adventure Begins (1985)

It's that irritating nagging feeling when real life mimics fiction; something forgotten was bothering me (Ed.)  This mental itch was the equivalent of Tommy Albright hearing singing towards the end of Brigadoon.  (Ed. no music, but you'll get the idea.)

The 'oh yea' light popped on after reading the story of a man claiming to be 160 years old.   (Ed. likely he's remembering WWII, not 1895).

Before that epiphany there was a late night viewing of The New Avengers part 1 and 2 of "K Is for Kill" episodes.  Briefly described as "1945 Russian soldier Stanislav stole the secret of longevity from a Tibetan monk."

Preceded by catching up on Red Dwarf season 10.  The trope being, "Lister can be safely released from stasis three million years later."  i.e. the character David Lister is chronologically over three million years old.

Before Red Dwarf there was the viewing of the films Dr. Who and the Daleks (1965) and Daleks' Invasion Earth: 2150 A.D. (1966).  The television series Doctor Who will be fifty years old in November 2013.  The Doctor, the show lead, is over eleven hundred years old.

And more before.

"I worry. I mean, little things bother me. I'm a worrier. I mean, little insignificant details - I lose my appetite. I can't eat. My wife, she says to me, "you know, you can really be a pain."  Lt. Columbo

Eventually the 'subconscious' got through to the 'conscious mind', hence this short article.

One question we frequently receive is 'what happened to the [fill in the blank] article?'.  The short answer is 'they've been archived.'  Years ago, with over fourteen hundred articles, maintenance was a PITA.  They were archived because there was too much work involved in article management.  Also articles were archived because the subject matter was obsolete, or had been overcome by events.

Back then the plan was prune the number of articles down to a manageable one hundred.  That didn't happen, but we got close.  Today the number of articles is over two hundred on the TypePad main site, and twenty-some-odd on the WordPress mirror.

At this point you're thinking 'What does this have to do with age!?'.  It's relevant in the context of another question we receive, 'how old is this blog?'.  With other sites, that question is answered with a link and a comment 'here's our first article.'  We can't do that as our very first article was, well, archived.

"In the beginning there was darkness. And the darkness was without form and void. And in addition to the darkness there was also me."  Bomb #20
Dark Star (1974)

That article was published 2 June 2006 and briefly noted eBay's "expansion of item ID numbers to 12 digits", and eBay's advice to developers "to support eBay item IDs of up to 19 digits".  That change is a historical footnote, but is not relevant today.  The article was designated non-relevant, and (in haste) was archived and removed from public view.

Shrug.

"One little mistake ..."

/*

"Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light."
Dylan Thomas

"Do not go gentle into .. into .. into that good night,
Old age should burn and rage at .. at close of day;
Rage, rage against the dying of the light."
Thornton Mellon (Rodney Dangerfield) quoting Dylan Thomas incorrectly, but giving a magnificent reading.
Back to School (1986)

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Musing Bytes 3

Musing Bytes 3
EventHorizon1984
2 September 2013

 

"This is the story of a time long ago. A time of myth and legend."
Hercules: The Legendary Journeys - Hercules and the Circle of Fire (1994)

Mythbusters is an entertaining show. The leads, Adam Savage and Jamie Hyneman, use somewhat reasonable scientific methodology to simulate real life conditions.  For example, the Surfboard Killer episode:  "In Lethal Weapon II, an SUV carrying a surfboard on its roof crashes into a car launching the surfboard into still another car"

After multiple trials the Mythbusters concluded a surfboard, "couldn't bust through the energy-absorbing windshield glass".  Essentially they stated a surfboard WILL NOT penetrate a modern car windshield no matter what.

Well ...

Sunday 1 September 2013

"A surfboard smashed into the windshield of a car while on the freeway Sunday."

This was an oddball incident. The surfboard fell on a school bus and ricocheting horizontally to impact the 2011 Honda.

The surfboard slammed through the passenger side of the windshield, missing the driver's head by inches. Had the surfboard impacted on the driver's side, the tip would have been at or past the driver's side head rest.

Moral? There are limits to simulations.

Myth Busted, Busted.

"Failure of imagination." ... "We just didn't think of it."
Frank Borman (David Andrews) on Apollo 1, From the Earth To The Moon (1998)

Will keep the following relatively spoiler free.

 In 1954 Astounding Magazine published Tom Godwin's (1915-1980) short story "The Cold Equations".  The protagonist had a sole solution, based upon the fixed laws of physics.  It would be decades before an alternate solution to this life and death space science fiction tale would be written.  Don Sakers wrote "The Cold Solution", which Analog published 1991.

The complaints about the short story, naturally most appearing after Tom Godwin's passing, were basically 'wouldn't happen in real life.'

A surfboard crashing through a windshield 'wouldn't happen in real life' too, right?

The "The Cold Equations" universe describes space flight and spacecraft as relatively common place.  One old general complaint is 'no engineer would design the space systems' of that universe.

Almost sixty years after the story was written, space travel remains not widely available.  There is no simple comparison to space flight in that universe and "real life."  We'll have to settle for this statement from Test Pilot and Space Shuttle Astronaut Bryan D. O'Connor.

NASA Johnson Space Center Oral History Project
Oral History Transcript
Bryan D. O'Connor
Interviewed by Sandra Johnson
Washington, D.C. - 20 April 2006

"JOHNSON: I read on that flight, also—there was an article that talked about the fact that one of the hatches was padlocked. Do you want to just talk about that for a second? Was that something that was normally done?

O’CONNOR: Well, for me it was. We had done that on my first flight—Brewster [H.] Shaw [Jr.]
being the commander and me the pilot—padlock on the hatch, the rationale being that you’ve got a couple of people on this flight that you don’t know that well. They’re the “payload
specialists.” They’re not career aviators. They haven’t been through all the training we have.
We try to make sure they don’t hurt themselves or anybody else. It was a due diligence thing,
because, in theory, although it would be tough to do it inadvertently, there was a button and a
turn of a knob that could actually open up that hatch, and the hatch was very dangerous, because it was an out-opening hatch.

There were probably a lot of good reasons why they did that, one of which might be room
in the cabin or whatever, but one of the bad things about that is that the pressure in the cabin will blow that hatch off if the latches aren’t latched. You would like to have a system where the
pressure will keep the hatch closed, not open it. But that’s not the way that one was structured.
So that was a risk area. Some of the other commanders before had had concerns about that
hatch, and so when it came time for my second flight, I ordered up the lock"

Yes, engineers do create things that have a potential for disaster, for "probably a lot of good reasons."

Another story complaint revolves around fuel.  As in the fuel alloted would always be sufficient to get from point A to point B.

Can't use "real life" space transportation to make an equivalent comparison.  We'll use the next best thing, commercial air transport.

The United States Federal Aviation Administration (FAA) provides this guideline for reserve fuel.

• Fly from that airport to the alternate airport [if one is required]; and
• Fly after that for 45 minutes at normal cruising speed
  

Meaning people who go 'by the book' will not have the problem of fuel exhaustion or having insufficient fuel reserves.  In theory, yes.  In real life, no.  A few examples:

• Eurocopter AS350 B2 Medical Helicopter, "pilot, flight nurse, flight paramedic and patient were killed", 26 August 2011
• British Airways Flight 38, 152 passengers and crew survived, 17 January 2008
• Tuninter Flight 1153, 39 passengers and crew, 16 died, 6 August 2005
• Avianca Flight 52, 158 passengers and crew, 73 died, 25 January 1990

The first crash is ironically relevant to "The Cold Equations"; the flight would have likely culminated in a safe landing with one less person onboard.

While the blame for the crashes vary, aircraft have failed to reach a destination due to insufficient fuel.  And circumstances.

Another cry goes, 'large organizations would not cut corners on fuel and safety'.

Well.

• Pilots claim airlines forced to fly with low fuel, 2008
• "concern among pilots that airlines are compelling them to fly with too little fuel."
• "airlines are emphasizing "economy to the detriment of safety""

• Ryanair is 'courting disaster' by flying planes with near-empty fuel tanks to cut costs, 2012
• "flying planes with near-empty fuel tanks to cut costs."
• "Ryanair denies any wrong-doing and insists its planes are safe with sufficient fuel reserves."

Finally there's the big complaint that 'people can't enter a secured craft without being noticed.'

Post 9/11 airport security, means it should be impossible to sneak aboard a heavily guarded and secure commercial airplane.

Well.

• Body Fell From Plane, Authorities Say, 2010
• ""It appears more likely than not that" ... "was able to breach airport security and hide in the wheel well of a commercial jet airliner with being detected by airport security," William R. Keating, Norfolk County district attorney"
• "It's a terrible tragedy what happened to this young man, but if that was someone with a different motive"
• "found handprints in the left wheel well of a Boeing 737 that was scheduled to leave Charlotte Douglas International Airport"

• How often do plane stowaways fall from the sky?, 2012
• "No-one saw the body fall from the sky" ... "It is not the first incident of this kind on the Heathrow flight path."
• "Dr. Stephen Veronneau, of the US Federal Aviation Administration, has identified 96 individuals around the world who have tried to travel in plane wheel wells since 1947. The incidents happened on 85 flights."

•  Plane flew seven flights with dead stowaway in wheel well, 2013
• "jet made seven flights carrying a dead man in its wheel well"
• "Authorities say the stowaway boarded the plane four days before he was found dead."

It is sadly amusing that the complaints about "The Cold Equations", 'not being true to real life' are visions of a perfect world.  A flawless world that does not exist, and has never existed.

In that world, Apollo 1 (204) would have been the first successful Apollo manned spaceflight.

Instead Apollo 1 has this reference: "NASA's Apollo program began with one of the worst disasters the organization has ever faced."

Frank Borman, Apollo 1 investigator, would say to Congress:

• "I don't believe that any of us recognized that the test conditions for this test were hazardous"
• "We did not think, and this is a failing on my part and on everyone associated with us"

Almost sixty years after publication of "The Cold Equations", humans remain fallible.  Systems and organizations have faults.  Despite the best intentions, despite the best by the book safeguards, unfavorable outcomes can happen and do happen.  With monstrous regularity. 

To say otherwise is Fantasy.

/*

"If we slide into one of those rare moments of military honesty, we realize that the technical demands of modern warfare are so complex a considerable percentage of our material is bound to malfunction even before it is deployed against a foe. We no longer waste manpower by carrying the flag into battle. Instead we need battalions of electronic engineers to keep the terrible machinery grinding."
Ernest K. Gann

"It is found that anything that can go wrong at sea generally does go wrong sooner or later, so it is not to be wondered that owners prefer the safe to the scientific. It is also found that it is almost as bad to have too many parts as too few; that arrangements which are for exceptional and occasional use are rarely available when wanted, and have the disadvantage of requiring additional care. Their very presence, too, seems in effect to indispose the engineer to attend to essentials. Sufficient stress can hardly be laid on the advantages of simplicity. The human factor cannot be safely neglected in planning machinery. If attention is to be obtained, the engine must be such that the engineer will be disposed to attend to it."
Alfred Holt, 1878

"If anything can go wrong, it will."
Murphy's Laws

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The Corri McFadden eDrop-Off Chicago LLC Lawsuits Drag On

The Corri McFadden eDrop-Off Chicago LLC Lawsuits Drag On
EventHorizon1984
8 August 2013

 

There have been topics of greater interest to write about.  For example the new Doctor for the science fiction television series Doctor Who.  Or the fascinating article Space-Time Loops May Explain Black Holes.  Or the latest reveal by Sony Online Entertainment about the EverQuest Next project, and the beta sign-up.

Alas we're goofing off playing the Dragon's Prophet open beta, so please excuse the following reheated leftover.  And yes, "Drag On", pun intended.

A few things have happened with the two Corri McFadden lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Case 2:12-cv-04095-GW-FMO
  • Date Filed 05/10/2012
  • PDF Copy Civil Docket 05/10/2012-06/26/2013
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Case 1:12-cv-03632
  • Date Filed 05/11/2012
  • PDF Copy Civil Docket 05/11/2012-08/05/2013

The case in Illinois is stayed, pending resolution of the California case.

On 20 May 2013 there was "Dominique R. Shelton's -- lead counsel for Plaintiffs eDrop-Off Chicago LLC and Corri McFadden (collectively, "Plaintiffs") -- departure from Edwards Wildman Palmer LLP".  And the 14 June 2013 declarations:

"WHEREAS, the other primary partner representing Plaintiffs, Mark Durbin, announced his departure from Edwards Wildman Palmer LLP last week;

WHEREAS, the issue of Plaintiffs' representation going forward has yet to be resolved and Plaintiffs need additional time to consider their options."

There was a proceeding held on 29 July 2013, but those contents are not available to the public until later this year.

"TRANSCRIPT for proceedings held on Monday, July 29, 2013; 9:57 A.M. Court Reporter: Wil S. Wilcox, phone number 213-290-2849. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/5/2013. Release of Transcript Restriction set for 11/3/2013. (Wilcox, Wil) (Entered: 08/05/2013)"

We're taking a leap of faith that Corri McFadden will have legal representation before that transcript is released.

The departure of both Corri McFadden's attorneys is curious ...

FIVE DAYS EARLIER

15 May 2013

Judge George H. Wu opened the "Initial Tentative Ruling" with:

"This case has been a case study in strategic procedural maneuvers – some shrewd and some, perhaps, ill-advised. The present proceeding maintains that hallmark."

To recap, the Plaintiffs Corri McFadden and eDrop-Off Chicago LLC cause of actions are:

• First Cause of Action - Violation of the Lanham Act - Federal false Advertising, Unfair Competition, and False Designation of Origin
• Second Cause of Action - Illinois Unfair Trade Practices
• Third Cause of Action - Illinois Consumer Fraud and Deceptive Business Practices
• Fourth Cause of Action - Defamation
• Fifth Cause of Action - Trade Libel
• Sixth Cause of Action - Intentional Interference With Contractual Relations
• Seventh Cause of Action - Intentional Interference With Prospective Economic Advantage
• Eighth Cause of Action - Breach of Contract
• Ninth Cause of Action - Promissory Estoppel
• Tenth Cause of Action - Intentional Infliction of Emotional Distress
• Eleventh Cause of Action -Declaratory Relief

Judge George H. Wu proceeded to the Anti-SLAPP issue:

"A. Anti-SLAPP as to the Now-Superseded Original Complaint"
"Of course, this entire question of whether Midley should be awarded fees under California Code of Civil Procedure § 425.16(c) with respect to the initial complaint would be pointless in any respect if Midley is able to successfully demonstrate an entitlement to fees in connection with the FAC. It is to that analysis, therefore, that the Court now turns.

B. Anti-SLAPP Directed at the FAC
The first question that must be answered is whether California’s anti-SLAPP law (the only one Midley has attempted to use in its motion) would even apply to Plaintiffs’ claims. Plaintiffs argue that California’s anti-SLAPP statute does not apply to claims under federal law or to the two claims they have specifically asserted under Illinois statutory law. They also allege that the remaining state law claims – at least claims 4 through 10 – should be interpreted under Illinois law because of choice of law principles."

The abbreviation "FAC" stands for "First Amended Complaint."

The abbreviation "SLAPP" stands for "Strategic Lawsuit Against Public Participation."

Judge George H. Wu ruled:

"1. Lanham Act"
"The answer is simplest with respect to Plaintiffs’ one (or two ¹¹) federal claim(s). Midley could not prevail on its anti-SLAPP motion insofar as Plaintiffs’ Lanham Act claim is concerned because “the anti-SLAPP statute does not apply to federal law causes of action."

"11  Claim 11 is a claim for declaratory relief in which Plaintiffs invoke the Declaratory Judgment Act, 28 U.S.C. §2201."

"2. Illinois Statutory Claims"
"the Court will not apply California’s anti-SLAPP statute to Plaintiffs’ second and third claims."

"3. Common Law Claims"
"at this point in time, the Court concludes California’s anti-SLAPP statute would apply to the common law claims Plaintiffs have advanced in the FAC."

We have a PDF copy of the 14 May 2013 Initial Tentative Ruling here.

We're loosely interpreting this ruling as, First, Second, Third Cause of Action are not subject to the California anti-SLAPP statute.  Three for the Plaintiff, Corri McFadden and eDrop-Off Chicago LLC.  While all other Cause of Actions are subject to the California anti-SLAPP statute.  Eight for the Defendant, Midley INC.

What does this mean?  According to the writers of the California anti-SLAPP statute:

"This bill states that a cause of action against a person arising out of the person's exercise of his or her constitutional rights of petition and free speech "in connection with a public issue shall be subject to a special motion to strike," unless the court determines that the plaintiff has established that there is a "probability" that the plaintiff will prevail on the claim.

Defendants who prevail on the motion to strike are entitled to attorney fees and costs. This provision does not apply to "enforcement actions" brought by public prosecutors. Plaintiffs may be awarded attorney fees if the court determines that the special motion to strike was "frivolous" or "solely intended to cause unnecessary delay."

Upon the filing of a special motion to strike, discovery shall be stayed, unless authorized by the court."

The rough translation, Plaintiffs Corri McFadden and eDrop-Off Chicago LLC will be facing California's anti-SLAPP statute for eight cause of actions, and not the Illinois anti-SLAPP statute.

"This is a classic SLAPP suit – strategic litigation against public participation – and McFadden should have to face California's tough anti-SLAPP law, which lets defendants move to strike frivolous lawsuits and recover costs and fees if they win," said EFF Senior Staff Attorney Marcia Hofmann. "The plaintiffs set the stage by choosing to file their suit in California. The court should finish the case there as well, protecting Purseblog.com's speech rights by applying California law."
Electronic Frontier Foundation, 29 May 2012

Or the Ken White of Popehat loose translation, as applicable to California:

"you've sued me for defamation and BIFD. I file an anti-SLAPP motion. First, that stays discovery in the case — no more bleeding me dry or harassing me with depositions and document demands and third-party subpoenas. Second, once I file the motion, your die is cast as a plaintiff — even if you drop your suit at this point, I can insist on pressing forward, getting a ruling, and seeking the fees ..."

20 May 2013

FIVE DAYS LATER ...

Following this 15 May 2013 Initial Tentative Ruling, on 20 May 2013 and 14 June 2013 Corri McFadden's principle lawyers left Edwards Wildman Palmer LLP.

To be continued ...

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Dragon's Prophet
"I thought you said this was gonna be easy."
Snails, Dungeons & Dragons (2000)

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Musing Bytes 2 Malshandir

Musing Bytes 2 - Malshandir
EventHorizon1984
26 July 2013

 

"I'm laughing at the superior intellect."
Admiral James T. Kirk, Star Trek II: The Wrath of Khan (1982) 

To paraphrase Rod Serling, this is Thomas 'Malshandir' Freyer, "age thirty-eight, a man protected by a suit of armor held together by one bolt." 

Mr. Freyer's claim to Internet fame is his threat of "legal actions" against the blog EQ2Wire.  EQ2Wire is a very popular EverQuest 2 "News & Commentary" site, and EverQuest 2 is a Massively Multiplayer Online Role-Playing Game (MMORPG).

Before we get further, let's hightlight the article that brings all this to light.

Character Blocked from EQ2U Due to Trademark Claim
http://eq2wire.com/2013/07/24/character-blocked-from-eq2u-due-to-trademark-claim/#comment-86207
EQ2Wire, 24 July 2013
Feldon

"Thomas Freyer of Freyer Consulting in Frankfurt Germany" opened with:

"We demand by law the deleting of this profile as the owner of the trademark “Malshandir” we gave you no permission to use is.

If this profile is deleted within the next 6 hours we will not take further legal actions against you."

It went downhill for Mr. Freyer after that.  Lots of LOUD comments, and at least two attorneys (real ones, not fake Internet ones), a Vladislav Arkhipov and "Ken" posted on the matter.  More on "Ken" in a bit.

Read the article.  Read the comments.  Especially the comment Thomas Freyer made as "Jo".  And the EQ2Wire response:

"Hello Mr. Freyer. Welcome to EQ2Wire.

Unmistakeable writing style, disposable e-mail address, also the IP address (93.186.31.97) shows the writer is in London."

About "Ken", he's Ken White of Popehat.  If you want the short description of Ken White, read Popehat unmasked: For a good cause.  For a long description, Google his body of work.

Or read his article on Malshandir.

Listen, Don't Mention The Malshandir. I Mentioned It Once, But I Think I Got Away With It All Right.
http://www.popehat.com/2013/07/25/listen-dont-mention-the-malshandir-i-mentioned-it-once-but-i-think-i-got-away-with-it-all-right/
Popehat, 25 July 2013
Ken White

The article is reminiscent of United States District Judge Otis Wright's wording of Prenda Law. 

Ok, Mr. White's wordsmithing is funnier.  And his article, along with EQ2Wire article, has made Malshandir (Thomas Freying) famous.  Mr. White's article currently tops the Google search for "malshandir".  Followed by I'm Malshandir and So's My Wife! and the EQ2Wire article.  With The Escapist article Everquest 2 Fan Site Harassed By Trademark Claim making a run for position number four.

"Elaine, you're a member of this crew. Can you face some unpleasant facts?" Dr. Rumack
"No."  Elaine Dickinson
Airplane (1980)

Not that trademark infringement is a laughing matter.  Because it is not.  But, and here's a big tip, the 'infringee' should go directly after the 'infringer'. 

With the case of "Malshandir" the alleged infringement is by Sony Online Entertainment, a part of well Sony er Global.  And to some degree the creator of the EverQuest 2 Elf Malshandir.  EQ2Wire merely presents data made available from Sony.  Which is nominally covered by the Communications Decency Act Section 230.

All well and good if you own the trademark.  And Thomas Freyer claims he owns the trademark. 

The first point is the 29 May 2009 filing of Malshandir in Germany.  The second point is the company Malshandir Ltd "was registered on 18 Jun 2008" in London, Great Britain.

It all goes downhill after these points.

We credit EQ2Wire commenters for the following data points.

The EverQuest 2 character Malshandir was created on "2008-01-07".  That's 7 January 2008, five months before the tradename/trademark Malshandir was established.  The Elf's good name is being besmirched/infringed on, so to speak.

The eBay INC seller malshandir created the account and trade name on 8 June 2001.  That's seven years before Malshandir of Great Britain, or eight years before Malshandir Germany.  The seller malshandir is in Switzerland, and perhaps would have a good European Union civil case.

The Refuge of Stone/Myth Weavers has text on a character named Malshandir.  The document was published on 17 July 2006, almost two years before Thomas Freyer's claims.  And that Canadian creation has the usual copyright protections.  Like "Copyright exists automatically when an original work or other subject-matter is created" and "copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, plus 50 years following the end of that calendar year."

Canadians are sterotypically nice and would welcome Mr. Freyer to tour the Canadian Court System.  The tenacious type, like the world wide fans of Canadian artist Rich Morris of The ComixBlog, shunned the Courts and simply ran the copyright infringer out of existence.

Of course we in the United States do not approve of vigilante justice, tsk, tsk.

"And the Hits Just Keep on Comin'"
Michael Nesmith

Google search is a funny sort of animal.  A little used search phrase can have few references.  The Google machine logic being 'people aren't looking for "It", we don't need "It" much.'  But make a search phrase popular, have multitudes looking for "It", and the Google engines go into overdrive scouring the Internet for "It".

For now "malshandir" is "It".  We wonder what else will show up in Google.

"Deja Moo.  The feeling you have heard this bull before."
Tabberone

Finally, does Thomas Freyer know that the name "Freyer Consulting" is copyrighted by Ola Hanssens Vei of Norway?  And Freyer Consulting INC of Minnesota, U.S., 2010?  And Freyer Consulting of New Mexico, U.S. 

And ...

/*

"The tools of conquest do not necessarily come with bombs, and explosions, and fallout. There are weapons that are simply thoughts, ideas, prejudices, to be found only in the minds of men. For the record, prejudices can kill and suspicion can destroy. A thoughtless, frightened search for a scapegoat has a fallout all its own for the children and the children yet unborn. And the pity of it is, is that these things cannot be confined to the Twilight Zone."
Rod Serling, The Monsters are Due on Maple Street (1960)

"I pity the fool."
Clubber Lang (Mr. T), Rocky 3 (1982)

/*

Update 26 July 2013.

Figured out where the mysterious "Malshandir" name originates from.

Reference The Shadow Elves Players' Guide, "An Official Dungeons & Dragons Game Supplement", by Carl Sargent and Gary Thomas.  Copyright 1990, 1995 TRS, Inc./Wizards of the Coast.

Or http://www.pandius.com/gaz13_dm.html
"for Dungeon Masters running D&D(R) Known World or HOLLOW WORLD(R) campaign"

A Dungeons & Dragons Hollow World Campaign Set is available for purchase at Amazon.  Published by Wizards of the Coast, Copyright August 1990.

Wizards of the Coast was founded in 1990, and remains in operation today.

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"Breakdown, takedown, you're busted"
Bob Seger, Shakedown, Beverly Hills Cop II (1987)

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Musing Bytes

Musing Bytes
EventHorizon1984
24 July 2013

 

"Nothing is troublesome that we do willingly."
Thomas Jefferson

Awhile back we were politely asked to remove an article.  It was not a pernicious type of request.  Although it made no sense at the time, we agreed with the reasons and pulled the article.

Recently there was a bit of clarity on the matter.

Cyclist pleads guilty to first U.S. felony vehicular manslaughter by bike
Chicago Tribune, 23 July 2013
Laila Kearney

In U.S. First, Cyclist Pleads Guilty to Felony Vehicular Manslaughter
Slatest, 24 July 2013
Josh Voorhees

Chris Bucchere, Bicyclist Pleads Guilty To Manslaughter Death Of Hutchi Sui In California
Huffington Post Crime, 23 July 2013
Terry Collins

"Under the unusual plea deal last week, Chris Bucchere, 37, would not serve any jail time and instead would be sentenced to three years of probation and sentenced to 1,000 hours of community service in the death of Sutchi Hui"

Chris Bucchere getting a slap on the wrist was surprising, but what happens next is not a surprise.

"Hui's family has filed a civil suit against Bucchere regarding the fatality."

There was a California car driver hits bicyclist trial, and in 2012 Robert Schiro was sentenced to three years.  The bicyclist, Ashley Nelson, barely survived the 2009 collision and "was awarded $3 million in a legal settlement".

What's a broken helmet and a human life worth Chris Bucchere?

"The Endorsement Guides also state that if there is a connection between the endorser and the marketer of a product that would affect how people evaluate the endorsement, it should be disclosed."
The FTC's Endorsement Guides: Being Up-Front With Consumers

Anyone who's been around eBay INC long enough has seen the kind of post typified by one "birdieman".

"As both an avid buyer and seller on eBay, the whining that goes on because"
birdieman, 24 July 2013

The same droll cookie cutter comment about eBay INC sellers.  Apparently given once too often.

"@birdieman
Does eBay know that you are using their IP to post on our blog? I suspect they wouldn't be too happy with an employee posting incognito on EcommerceBytes. Just looking out for you and all...
David Steiner
EcommerceBytes"

United States Federal Trade Commission (FTC) violations can be reported at:

www.ftc.com/ftc/contact.shtm

State of California Unemployment Insurance can be filed at:

www.edd.ca.gov/unemployment

"Oh Boy"
Samuel Beckett, Quantum Leap

Years ago we had an "oh boy" moment when 'racy' ads appeared on the site.  Apparently we are not the only place receiving the gift of ads unrelated to a site.  PowerSellersUnite recently received an interesting batch of Google ads. 

We find this annoying.  Their racy ads are much better looking than our racy ads.

/*

"Would you believe ..."
Maxwell Smart

/*

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LiveWorld INC Ends Contractual Relationship With eBay INC

LiveWorld INC Ends Contractual Relationship With eBay INC
EventHorizon1984
10 June 2013

 

It was 24 May 2013 when LiveWorld INC  made a brief announcement about terminating services to eBay INC.

LiveWorld Transitions Out of Community Center Business And Reconfirms 2013 Guidance

San Jose, CA, & New York – May 24, 2013 – LiveWorld, Inc. (OTC Markets: LVWD), today announced that it is focusing on its broader social media presence and will spend fewer resources on the development and deployment of its Community Center solution set.  Consistent with this transition, the company expects its contractual relationship with eBay to end during the summer 2013.

“We have had a wonderful working relationship over the years, and we look forward to their continued success,” said David Houston, Chief Financial Officer of LiveWorld. “This transition is consistent with our continuing business shift from solutions based on our proprietary central community web platform to solutions focused on the greater social web.”

We maintain a positive outlook for 2013, and our backlog as of April 1st was approximately $9.0 million for the remainder of the year, as compared to the $8.3 million in backlog for the same period in 2012. The $9.0 million includes revenues from eBay of approximately $621,000 as the associated contract is expected to end June 30, 2013.  The $8.3 million in backlog for 2012 included approximately $1.7 million from eBay.  We are continuing our strategy to transition from solutions focusing on community sites to solutions focusing on the broader social web, which now represent the majority of our revenue growth. We therefore anticipate revenues from our community center business to continue to diminish over time.

As expected the news replicated across the Internet.  For example, two of hundreds:

• BusinessWire, 24 May 2013 4:30 PM
• Daily Finance, 24 May 2013 4:50 PM

Two days later EcommerceBytes ran the story, describing it later as "we broke the story last month".

Of course two weeks later, we wouldn't be any better if we were only reporting the breakup.  Let's get started with the other associated bits, shall we?

"We were incorporated in California on April 10, 1996 as LiveWorld Productions and reincorporated in Delaware in July 1999. In April 1999 we changed our name from LiveWorld Productions to Talk City, Inc. On May 8, 2001,when we sold our Talk City consumer site, we changed our name from Talk City, Inc. to LiveWorld, Inc."
LiveWorld INC Form 10-K For the Fiscal Year Ended December 31, 2007

The lack of a prompt formal response from eBay management, gives the appearance that this termination, from an experienced seventeen year-old corporation, caught eBay INC by surprise.

Until recently the official response from eBay INC was silence.

There was no announcement on the eBay Announcements page.

There was no announcement on the eBay INC Blog.

And for some individuals on the eBay Forums,

 

their posts vanished.

Eventually posts stopped disappearing.  And eBay INC broke its self-imposed silence with this short post:

"No. eBay has terminated the contract with LiveWorld."
[email protected]
5 June 2013 1:58 PM

It's a minor quibble, but were're left wondering who dumped whom? 

We'll hazard a guess it's the first story ; LiveWorld dropped eBay as a client.  Why would LiveWorld INC drop a perfectly good client?  Profits perhaps?

"Since inception, LiveWorld has not generated sufficient funds through operations to support its business."
LiveWorld 22 March 2002

Circa 1996, Peter Friedman, previously of "Apple's Internet Services Division", "founded LiveWorld, raised over $100 Million in private rounds and an IPO". Of course at the time investors expected to reap a good return.

Then comes the work of generating revenue (among other things), to reach the goal of net profitability.  As the "not generated sufficient funds" statement noted,  the first few years were an uphill battle.

LiveWorld, INC
	Total	eBay Revenue
Year	Revenue	% Total	Amount
1996	$14,000	n/a	n/a
1997	$208,000	n/a	n/a
1998	$1,453,000	n/a	n/a
1999	$7,732,000	n/a	n/a
2000	$14,842,000	n/a	n/a

The profit side of the ledger was excluded, because our focus today is revenue.

Enter eBay INC.

"Significant contracts recently have been signed including a major expansion of LiveWorld’s business with eBay"
LiveWorld INC Form 8-K July 10, 2002

 It was 23 May 2001 when eBay INC made a brief announcement about teaming up with LiveWorld INC.

eBay Names LiveWorld as Provider of Community-Based Marketing Services

Premier online trading community teams up with leading relationship marketing services company 

CAMPBELL, Calif., May 23, 2001 – LiveWorld, Inc. ( www.liveworld.com ), formerly Talk City Marketing Group (OTCBB: TCTY), a leading provider of online relationship marketing services, announced today that it has been selected by eBay Inc. (NASDAQ: EBAY; www.ebay.com ), the world's premier online trading community, to be eBay’s provider of community-based marketing services. The agreement will give eBay the ability to rapidly scale the range of interactive services it provides to its international user community, including moderated forum-based discussions and online polls. "Under the multi-year agreement, LiveWorld will provide it's services to eBay including community discussion forums covering specific local language implementations for the United States, England, Australia, Canada, France, Germany, Italy and Spain."

“We are pleased to be working with LiveWorld and providing eBay members with a host of new and exciting community features,” said Bob Hebeler, eBay Vice President of Categories and Community. "LiveWorld has an outstanding track record in producing and delivering compelling community features and interactive dialogue which will enhance the user experience for our 29 million members.”

Since 1996, LiveWorld has provided online relationship marketing services using community-based applications to more than 100 Fortune 1000 organizations, including industry leaders such as Disney, Time Warner, American Express, Sears, Kodak, NBC, ABC, HBO, American Express, Chrysler, Toyota, BMW, Home Depot, The Gap, Starbucks, Coca-Cola, Palm, and IBM. In addition to webcast events, chat, discussions forums, and club tools; the Company’s integrated suite of services includes ongoing market research for evaluation of customer relationships, community moderation and consulting services.

“We are extremely proud to be working with eBay in bringing a new range of services to one of the online world’s most passionate and dedicated user communities,” said Peter Friedman, chairman and CEO of LiveWorld. “We look forward to helping eBay reach out to its community and helping eBay members reach out to each other in new and innovative ways.”

This was not a large partnership, as no "single customer" of LiveWorld INC "accounted for 10% or more of" their "total revenues in 2001 or 2000."

This would change

"As a cost savings measure in Q4 2002, the Company adjusted its status to remain a public company but without the requirements to file SEC reports.  This saved the company over $200,000/year."

After a few lean years, LiveWorld INC's revenue stream exploded in 2004.

It was 25 May 2004 when LiveWorld INC  made a brief announcement about renewal of contract with eBay INC.

LiveWorld Announces Renewal of Contract to Provide eBay with Technology Services

LOS GATOS, Calif., May 25 /PRNewswire-FirstCall/ -- LiveWorld, Inc.
 (Pinksheets: LVWD.PK) today announced it has signed a renewal contract to continue providing technology services to eBay. LiveWorld's services assist eBay in managing its Community forums, such as their discussion and chat boards, eBay groups, Live Events, and eBay's member-to-member Answer Center.
     These forums are provided on a global basis and in multiple languages including English, French, German, Spanish, Italian, Dutch, and Chinese.
     "Our user community has built eBay," said Henry Gomez, Vice President of Corporate Communications.  "LiveWorld continues to be key partner. They have helped us expand the eBay Community around the world."
     "eBay's services are the industry benchmark for how to build a business by engaging partners and customers," said Peter Friedman, Chairman & CEO of LiveWorld.  "We are delighted that LiveWorld's services contribute to the strong underlying culture of the eBay economy."
     LiveWorld's signed revenue for 2004 is a mixture of contracts with new clients as well as renewals and expansion from existing clients.  As previously announced, the Company said that it has already signed $4.1 Million in revenue for 2004 compared to $2.6 total revenue for 2003.  The $4.1 Million includes the renewal of the eBay contract.   The Company expects continued growth in revenue for Year 2004 and it will continue to manage financials tightly with the expectation of having approximately breakeven results. Actual results may vary quarter to quarter as it invests more in overall growth of the business.

eBay INC revenue would go from a possible 10% to "approximately 26%" of LiveWorld INC's revenue for "fiscal 2005."

LiveWorld, INC
	Total	eBay Revenue
Year	Revenue	% Total	Amount
1996	$14,000	n/a	n/a
1997	$208,000	n/a	n/a
1998	$1,453,000	n/a	n/a
1999	$7,732,000	n/a	n/a
2000	$14,842,000	n/a	n/a
2001	$4,862,000	unk	unknown
2002	$2,120,663	unk	unknown
2003	$2,577,628	unk	unknown
2004	$5,235,181	unk	unknown
2005	$9,635,000	26%	$2,505,100
2006	$9,834,000	31%	$3,048,540
2007	$10,863,000	31%	$3,367,530

And possibly due to experience with eBay's AOL forum section,

LiveWorld INC secured a contract with AOL. 

• "Our revenues are concentrated between our two largest clients, AOL US and eBay. For fiscal 2007, revenues from AOL US comprised approximately 13% of our total revenues and eBay accounted for approximately 31% of our total revenues. For fiscal 2006 and 2005, AOL US revenues accounted for approximately 36% and 51% of our revenues, respectively, and eBay revenues accounted for approximately 31% and 26% of our revenues, respectively. Our revenues from these clients can change rapidly with little notice, and our revenues from AOL US has declined in recent years and we do not expect any revenues from AOL US in fiscal 2008."

Temporarily eclipsing the amount of revenue from eBay INC.

This would change.

"Our contract with AOL US ran out at the end of 2007. We do not anticipate AOL US being a material client of ours in the future. Our business relationship with eBay began in 2001 and our current contract runs through 2009."
LiveWorld INC Form 10-K For the fiscal Year Ended December 31, 2007

Had eBay INC been paying attention to LiveWorld INC's financial statements, they would have noticed the growing revenue courtship.  With someone else.

Unfortunately for LiveWorld INC, AOL became moot.  AOL imploded, throttling down LiveWorld INC's revenue stream.

Fiscal 2009 came and went.  LiveWorld INC's contract extended itself.  But revenue from eBay INC took an interesting path.  Perhaps eBay INC was paying attention to LiveWorld's infidelity.

LiveWorld, INC
	Total	eBay Revenue
Year	Revenue	% Total	Amount
1996	$14,000	n/a	n/a
1997	$208,000	n/a	n/a
1998	$1,453,000	n/a	n/a
1999	$7,732,000	n/a	n/a
2000	$14,842,000	n/a	n/a
2001	$4,862,000	unk	unknown
2002	$2,120,663	unk	unknown
2003	$2,577,628	unk	unknown
2004	$5,235,181	unk	unknown
2005	$9,635,000	26%	$2,505,100
2006	$9,834,000	31%	$3,048,540
2007	$10,863,000	31%	$3,367,530
2008	$11,761,000	25%	$2,940,250
2009	$9,774,000	30%	$2,932,200
2010	$7,300,000	35%	$2,555,000
2011	$8,300,000	23%	$1,909,000
2012	$13,557,000	13%	$1,700,000
2013	unknown	unk	$621,000

Over time eBay INC's valued partner LiveWorld INC, received less and less revenue.  Perhaps not coincidentally, LiveWorld INC added a new client.

• "For the twelve months ended December 31, 2011, revenues from eBay comprised approximately 23% of our total revenues while Walmart made up approximately 10% of our total revenues and all other clients represented approximately 67% of our total revenues. This compares to the twelve months ended December 31, 2010 where revenues from eBay comprised approximately 34% of our total revenues and all other clients represented approximately 66% of total revenues."

LiveWorld INC's revenue from eBay INC shrunk, while Walmart INC revenue grew.

"For the Twelve months ended December 31, 2012, revenues from eBay and Walmart together comprised 56% of our total revenues while all other clients represented approximately 44% of our total revenues. This compares to the Twelve months ended December 31, 2011 where revenues from eBay and Walmart together comprised 43% of our total revenues and all other clients represented for 57% of total revenues."

The companies separated on 24 May 2013. 

Was the breakup between LiveWorld INC and eBay INC inevitable?  Well, consider the clients.

An oranges to tangerines comparison between the two LiveWorld INC clients:

• Walmart INC 2012 net sales - $443.9 billion
• eBay INC 2012 GMV (Gross Merchandise Volume) - $67.8 billion

And 2012 revenue stream.

• Walmart INC, 43% of total revenue
• eBay INC, 13% of total revenue

Were you LiveWorld INC, a profit-making venture, where would you focus your energies?  On a large client, or a small one?  On a client with increasing revenue potential, or a client reducing it's payments to you?

It's only business after all. 

/*

jilt
"To deceive or drop (a lover) suddenly or callously."

/*

"From a marketing perspective, storytelling is about changing our perspective as marketers – our customers are already telling stories every day about our products or services to their friends, relatives, co-workers and sometimes even to strangers, and most research tells us that they are more credible than brand stories.  Yet customer stories are often ignored and not told at all by brands."
Mark Williams, Director, Social Strategy and Content Programming at LiveWorld

/*

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Amazon Studios Presents Zombieland The Series

Amazon Studios Presents Zombieland The Series
EventHorizon1984
19 April 2013

Zombieland (2009, Woody Harrelson, Jesse Eisenberg, Emma Stone, Abigail Breslin) was a very entertaining zombiepocalypse horror comedy film.  It's one of those movies, like Shaun of the Dead (2004, Simon Pegg) or Army of Darkness (1992, Bruce Campbell), you show the uninitiated to give a taste of the horror flick genre.  Adding to the Zombieland fun, there's now Zombieland The Series.

Amazon Studios, yes part of Amazon.com, financed Zombieland The Series and has just made the twenty-nine minute pilot available free to the public.  According to the promo, the series is "from the original creative team behind the hit movie."

The answer to the question, 'will there be more', is up to the viewers.

In a method reminiscent of The NBC Mystery Movie format, Amazon Studios has presented fourteen pilots ¹⁵ on it's Pilot Season page.  Whether all, some, or none of these pilot episodes become series is based on feedback from the viewers.

Zombieland fans, get your cardio on.  View and vote.

Oh, and expect the next innovation (copying Amazon) from eBay; eBay Videos.

/*

15 - Amazon Instant Video Pilots

1. Anniebots   (Katie Griffin, Addison Holley)
2. Creative Galaxy   (Susan Roman, Amariah Faulkner)
3. Positively Ozitively   (Andrea Libman, Nicole Oliver)
4. Sara Solves It   (Nicole Oliver, Shannon Chan-Kent)
5. Teeny Tiny Dogs   (John Tartaglia, Colleen Smith)
6. Tumbleaf   (Gary Littman, Christopher Downs)
7. Alpha House   (John Goodman, Mark Consuelos)
8. Betas   (Joe Dinicol, Karan Soni)
9. Browsers   (Bebe Neuwirth, Brigette Davidovici)
10. Dark Minions   (Clancy Brown, Phil LaMarr)
11. Onion News Empire   (William Sadler, Jeffrey Tambor)
12. Supanatural   (Jameeliah Garrett, Lily Sparks)
13. Those Who Can't   (Nikki Glaser, Kyle Kinane)
14. Zombieland   (Tyler Ross, Kirk Ward, Maiara Walsh, Izabela Vidovic)
    

/*

Swiss Army Knife
Zombieland Rule #33

/*

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Corri McFadden eDrop Off v. Midley Cases 2:12-cv-04095-GW-FMO and 1:12-cv-03632

Corri McFadden eDrop Off v. Midley Cases 2:12-cv-04095-GW-FMO and 1:12-cv-03632
EventHorizon1984
24 March 2013

This month we received a flurry of new hits ¹ referencing these two lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Case 2:12-cv-04095-GW-FMO
  • Date Filed 05/10/2012
  • PDF Copy Civil Docket 05/10/2012-02/12/2013
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Case 1:12-cv-03632
  • Date Filed 05/11/2012
  • PDF Copy Civil Docket 05/11/2012-01/09/2013

Curious about the hits, we looked up the cases on PACER.  As expected, the cases remain ongoing. 

• Illinois
  
  • "MOTION by Defendant Midley, Inc. to vacate And Reschedule Status Hearing
    (Unopposed) (Citera, Francis) (Entered: 10/09/2012)"
  • "MINUTE entry before Honorable Matthew F. Kennelly:Status hearing held on and
    continued to 4/3/2013 at 09:30 AM. (or, ) (Entered: 01/09/2013)"
• California
  • "Motion Hearing held before Judge George H Wu: Settlement is not reached." 10/29/2012
  • "FIRST AMENDED COMPLAINT against Defendants Midley Inc, Does 1-10
    inclusive (Discovery) 1 ,filed by Plaintiffs eDrop Off Chicago LLC, Corri McFadden
    (pj) (pj). (Additional attachment(s) added on 11/26/2012: # 1 Exhibit A, # 2 Exhibit B,
    # 3 Declaration C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (pj). (Additional
    attachment(s) added on 12/4/2012: # 7 Exhibit G Part 1, # 8 Exhibit G Part 2, # 9
    Exhibit G Part 3, # 10 Exhibit G Part 4, # 11 Exhibit G Part 5) (pj). (Additional
    attachment(s) added on 12/4/2012: # 12 Exhibit G Part 6, # 13 Exhibit G Part 8, # 14
    Exhibit G Part 8, # 15 Exhibit G Part 9, # 16 Declaration G Part 10) (pj). (Additional
    attachment(s) added on 12/4/2012: # 17 Exhibit G Part 11, # 18 Exhibit G Part 12, #
    19 Exhibit G Part 13 1 of 2, # 20 Exhibit G Part 13 2 of 2, # 21 Exhibit G Part 14, # 22
    Exhibit G Part 15) (pj). (Additional attachment(s) added on 12/4/2012: # 23 Exhibit G
    Part 16, # 24 Exhibit G Part 17 1 of 2, # 25 Exhibit G Part 17 2 of 2, # 26 Exhibit G
    Part 18 1 of 2, # 27 Exhibit G Part 18 2 of 2, # 28 Exhibit G Part 19, # 29 Exhibit G
    Part 20, # 30 Declaration G Part 21) (pj). (Additional attachment(s) added on
    12/4/2012: # 31 Exhibit G-1 PART 1, # 32 Exhibit G-1 PART 2, # 33 Declaration G-1
    PART 3, # 34 Exhibit G-1 PART 4) (pj). (Additional attachment(s) added on
    12/4/2012: # 35 Exhibit H, # 36 Exhibit I, # 37 Exhibit J) (pj). (Entered: 11/08/2012)" (Ed. The Amended Complaint was included, but not the Exhibits.)
  • "TRANSCRIPT for proceedings held on Monday, October 29, 2012; 9:11 A.M.." 11/08/2012
  • "Plaintiffs' Opposition to Electronic Frontier Foundation's Application for Leave to File
    Brief Amicus Curiae Brief Opposition" 11/08/2012
  • "The Amicus Curiae's application is DENIED." 12/03/2012

Regardless that the cases remain ongoing, there are interesting tidbits in the November "First Amended Complaint", and in the October 29, 2012 transcript.

"Anyone care to guess who is included in Does 1-10?"
24 July 2012 03:02 PM
Exhibit G-1

Dominque R. Shelton and Erin L. Pfaff, "Attorneys for Plaintiff, Edrop-Off Chicago LLC and Corri McFadden", dropped Nancy R. Burke, but have not dropped the "DOES 1-10 inclusive" from the case.  As they have stated:

• "6. The true names and capacities, whether individual, corporate, associate, partnership, limited liability company, or otherwise, of Doe Defendants 1-10, are unknown to Plaintiffs, who therefore sues said Defendants by such fictitious names and will ask leave to amend this Complaint to show their true names and capacities when the same have been ascertained. Plaintiffs allege on information and belief that each of the fictitiously-named Defendants are responsible in some manner for the wrongful conduct herein alleged, and that such wrongful conduct caused harm to Plaintiffs."
• "many others who Plaintiffs do not know their true identities, but will amend the complaint to include them once the identities are known"

When the "individual, corporate, associate, partnership, limited liability company" etal described elsewhere in various legal documents are excluded, we're left with some names.

Just the Amended Complaint document contains the "names" of:

• Four (4) Edrop Off customers
• Six (6) posters to Plaintiff exhibited thread(s)
• One (1) poster to Plaintiff exhibited thread(s), named in Exhibit G

And the attached Exhibits contain many many more "names".

• "evidenced by over 1,000 (and counting) responsive comments"
• "spawned hundreds of additional defamatory comments"

At this moment the answer to 'who is a Doe?' is pure speculation.  Only the Plaintiff (Corri McFadden, "Edrop-Off Chicago LLC") attorneys know if any or none of the names in the Amended Complaint and Exhibits are potential "Does", or merely witnesses.

Should the California case reach the discovery phase, then expect real names on the complaint.

"As for that PurseBlog link that Ina published, It's still active."
18 May 2012

Then there's the matter of mentioning the specific web addresses of the threads known as "First Defamatory Thread" and the "Second Defamatory Thread."  (Ed. The Plaintiff presents those addresses in available to public court documents.)

The Plaintiff Attorneys link those threads to this statement, "as well as false and defamatory comments posted on other online discussion forums that hyperlink to the defamatory thread."  Which presents the possibility of posters "on other online discussion forums" being flagged as potential "Does."  Not to mention the possibility of "other online discussion forums" being tagged as "Does."

There are a few "other" websites that have posted those thread addresses.  Our unofficial survey indicates most of those "other" websites and threads have vanished. The ones that remain ... we'll see what happens at discovery.

"you might really still want to settle this case.  In the end this is just going to go on and on.  And there is going to be a huge bill at the end."
Judge George H. Wu, 29 October 2012

The transcript of the forty page 29 October 2012 Court proceeding provides a bit of insight into the settlement process.  And costs.

• Dominque R. Shelton, for Plaintiffs:
  • "we wrote in our confidential brief to Magistrate Olguin that we would be willing to walk away.  And it's also a statement that PurseBlog sent us letters saying we understand that in putting your demand you are trying to get to a walk-away which is unacceptable to them."

• Ian C. Ballon, for Defendants:
  • "my client doesn't want to accept the walk-away at this point.  Because while we had proposed it many times and we had several runs of settlement negotiations, the walk-away proposal came once the legal fees exceeded $300,000.  At that point my client wanted some compensation."
  • "the reason we didn't have the mediation -- we were going to mediate even knowing that the plaintiff wanted a walk-away.  When the plaintiff changed their position and sent us a letter saying that our position now is we want you to pay $500,000"

Taking an overly simplistic view, over a period of five months at two venues the Defendants legal fees were "$300,000."  Or $60,000 a month.  While the Plaintiffs legal fees might be "$500,000", or $100,000 a month.

With the case at the ten month mark, imagine what the legal fees are now.

As Judge George H. Wu put it:

• "After this point in time it's going to get even more expensive, because you are talking about two litigations, one here and one in Illinois."  29 October 2012

THE COURT: Before I do that, what's the status at this point in time of the Illinois litigation, anything, or is it still stayed or what?
Ms. Shelton: It's stayed pending resolution of this action, Your Honor.
Mr. Ballon: Your Honor, it's not actually stayed. The plaintiffs' have agreed to continue the hearing in that case after this hearing.
THE COURT: Okay. But what's the pending hearing there?
Mr. Ballon: No pending hearing.
THE COURT: There is no pending hearing.
Mr. Ballon: There is no pending hearing.

Incidentally the transcript contains mentions of actions involving SLAPP and Anti-SLAPP, Communications Decency Act, discovery, case dismissal, case amendment posts, related cases, fascinating discourse, and a good sprinkling of common sense.  Far too much to give a good summary.  If you want a "feeling" of the case, we recommend reading this document.

We'll close this article, with Judge George H. Wu's closing words:

"The mere fact that some party is unreasonable in their settlement doesn't necessarily mean that there is going to be an adverse consequence because they may ultimately prevail.  So that's just what happens in a settlement.  And sometimes one party that has the better case decides not to settle and they lose.

That's not uncommon too.  So all that being said, the parties should seriously talk about trying to resolve the case.  And if you want to I can get involved.  I don't mind getting involved but you have to have a written permission from your clients.

Okay.  So we have future dates now.  We have everything.  So go ahead and try to settle.  But if not, then there is the dates that we have."

The cases continue.

Stay.

Continue.

/*

(1)  See:

1. eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets
2. Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

/*

"Stop. Stop. Stop. Don't keep on saying "with all due respect." It's really kind of insulting."
George H. Wu, United States District Judge
Case 2:12-cv-04095-GW-FMO Document 97 Filed 11/08/12
eDrop Off Chicago LLC and Corri McFadden vs. Nancy R. Burke, Midley, Inc. d/b/a Purseblog.com, and Does 1-10 inclusive

/*

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The eBay INC Is A Long Term Stock Meme

The eBay INC Is A Long Term Stock Meme
EventHorizon1984
1 February 2013

Every few weeks an investment article comes out touting eBay INC as a long term stock.  The article typically spins the strength of the company and the stock price over the last quarter or two.  Like clockwork this is followed by a small buying frenzy; raising the price.  Followed by quick profitable sales within the week; the price dips.  Followed by another article ...

We like to think of 'long term' as years, not days.  So how has eBay INC been doing 'long term'?

John Donahoe became eBay INC CEO on 31 March 2008.  Let's use that as a starting date, and the opening bell share price of $29.87.  Then let's add the mix of companies we've been using, that have been compared to eBay INC as competitors or peers.

		Share Price
	3/31/08	1/31/13	$ Increase        (1)		% Increase   (2)		Dividends
eBay	$29.87	$55.97	$26.10	$5.40	87%	18%	No
Amazon	$70.25	$265.50	$195.25	$40.40	278%	58%	No
American Express	$43.21	$58.81	$15.60	$3.23	36%	7%	Yes
Apple	$143.27	$455.49	$312.22	$64.60	218%	45%	Yes
Discover	$16.00	$38.39	$22.39	$4.63	140%	29%	Yes
Google	$435.64	$755.69	$320.05	$66.22	73%	15%	No
MasterCard	$218.00	$518.40	$300.40	$62.15	138%	29%	Yes
Starbucks	$17.06	$56.12	$39.06	$8.08	229%	47%	Yes
VISA	$62.60	$157.91	$95.31	$19.72	152%	32%	Yes
Walmart	$52.20	$69.95	$17.75	$3.67	34%	7%	Yes
(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

Do keep in mind most of the 'lower' return companies pay a dividend, while there is no dividend income from eBay INC.  The eBay INC's official investor page states:

Are you getting your money's worth holding on to eBay INC long term?

/*

"The long term used to mean three-, five- or 10-year holding periods for stock investors looking to wring out risk and boost their odds of making money."
"Performance statistics going back 60 years suggest that holding stocks for 20 years — yes, 20 years — may be what it really takes to ride out the market's ups and downs, smooth out returns and make a buy-and-hold investment pay off."
Adam Shell, 8 June 2011

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Electronic Arts Q3 FY2013 Earnings Call and Star Wars: The Old Republic

Electronic Arts Q3 FY2013 Earnings Call and Star Wars: The Old Republic
EventHorizon1984
31 January 2013

The January 30th "Q3 2013 Electronic Arts Inc. Earnings Conference Call" had sparse information about the BioWare MMORPG Star Wars: The Old Republic.

Here are the first SW:TOR comments from Electronic Arts Inc CFO Blake Jorgensen:

• "Total Q3 non-GAAP net revenue was $1.18 billion which was approximately 9% below the midpoint of our guidance. Compared to the same period last year, net revenue was down 28% due to the tough comp of Battlefield 3 and the launch of Star Wars: The Old Republic."
• "Breaking the digital revenues down by type for Q3 shows the following. First, full game downloads contributed $44 million, down 57% compared to the same period last year. Full game downloads have typically been driven by PC products such as Battlefield and Star Wars, and this quarter we did not have any PC-centric titles. "
• "Extra content and free-to-play contributed $185 million, up 50% led by FIFA and Madden Ultimate Team and Star Wars: The Old Republic. These revenues relate to businesses on PC or consoles, where consumers pay for additional digital content -- including virtual characters, map packs and micro-transactions associated with browser based games or MMO’s – like Star Wars.  As a reminder, on November 15th we launched our free-to-play option for Star Wars: The Old Republic. Very early indications have been positive and we are pleased with the initial results but it is too early to know how successful this will be in the long term."
• "And last, subscriptions, advertising, and other digital revenue contributed $79 million, growing 18% over the same period last year. The current year includes a full quarter of Star Wars subscriptions, but it was offset by a decline in other licensing digital revenue."

Along with his observation on gamers:

• "these transactions are direct to consumers, helping us develop and foster our relationship with our gamers. This digital momentum continues to build and we see this as the future."

On the matter of EA (Electronic Arts, Inc.) subscription revenue:

• Peter Moore - Electronic Arts Inc. - COO
  "Digital revenue related to PC games, including full-game downloads, PDLC, social gaming and subscriptions grew at approximately 20%"

Will SW:TOR remain in EA's rotation?

• Brian Karimzad - Goldman Sachs - Analyst
  "I know you guys don't like to talk about individual game profitability, but I think we can all back into the fact that FIFA and Battlefield probably represent substantially all, if not more, of the profit of the Company at least over the last year or two."
• Black Jorgensen - Electronic Arts Inc. - CFO
  "I think we are going to continue to try to maintain a smaller slate of titles than we had historically. Does that go up or down one title or two a year? It depends."

Probably. EA has no problem quickly terminating a poorly performing game.

• Peter Moore - Electronic Arts Inc. - COO
  "Now turning to EA in the holiday quarter, we struggled with two challenges, the slowdown that impacted the entire sector and poor critical and commercial reception for Medal of Honor Warfighter. Medal of Honor was an obvious miss. The game was solid, but the focus on combat authenticity did not resonate with consumers. Critics were polarized and gave the game scores, which were, frankly, lower than it deserved. This one is behind us now. We are taking Medal of Honor out of the rotation"

And SW:TOR continues to generate revenue.

• Ryan Gee - BofA Merrill Lynch - Analyst
  "going back to the digital, it has accelerated substantially quarter over quarter, and even if you go back and factor in the Battlefield 3, 15% growth, what else is driving that deceleration?"
• Blake Jorgensen - Electronic Arts Inc. - CFO
  "The reminder is that full-game downloads are really PC-centric. And so when you have a title like Battlefield, which was a substantially bigger title than anything we had in this quarter, and you have a title like Star Wars that starts up -- so we had the startup of Star Wars in Q3 last year -- those two combined are primarily PC-based businesses, and that drove a huge amount of extra content -- excuse me, full-game downloads during the quarter.
  
  So if you look at the slides that we distributed with our earnings package, on page nine can see it pretty clearly -- $103 million in Q3 full-game downloads versus $44 million in this quarter. Almost all of that is driven by Battlefield and Star Wars startups in that quarter.
  
  The other is just pure math, right?  We are now north of $400 million a quarter in digital business."

But we'll see what happens next quarter.

/*

"We have accounted for every probable outcome." Dr. Boll
"It's the improbable that concerns me, Doctor." Mace Windu
Star Wars: The Clone Wars

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Doctor who 50th Anniversary, 13 Doctors?

Doctor Who 50th Anniversary, 13 Doctors?
24 December 2012
EventHorizon1984

The BBC nonchalantly made this statement about the longest running science fiction television series, Doctor Who:

• "Drama on BBC One takes another big leap in 2013 in the shape of some major event dramas, including The Village, Ripper Street, Luther, The White Queen and the Doctor Who 50th Anniversary Special. These shows will bring a rich range of tones and worlds to BBC One's fiction."
  Danny Cohen, Controller of BBC One, 3 December 2012

Despite the lack of empathy, this brief announcement mildly confirms the comments from the current executive producer of Doctor Who.  With a twist.

• "Why talk in the singular? The plans are at a very early stage, but we have some very clear ideas about some of the things that we're doing, and I think Doctor Who fans and kids will think it's the best thing ever. We've got a load of very big plans - the mere fact that we’re talking about this two years before the event should tell you how seriously we’re taking it."
• Steven Moffat, 20 December 2011

Indeed.  Why have one multi-Doctor episode when the entire 2013-2014 season is available?

Technically Steven Moffit did an 11 Doctors episode, "The Eleventh Hour. (3 April 2010)"  In a ten second montage, all past ten Doctors and Doctor 11, Matt Smith, were presented to the viewers.

"Is this world protected?  Because you're not the first lot to have come here.  Oh, there have been so many.  And what you've got to ask is, 'what happened to them?'.
<dead silence from the Atraxi>
Hello.  I'm the Doctor.  Basically.  Run."
The Doctor, Doctor Who, "The Eleventh Hour", 3 April 2010

To be off-topic for a moment, we'll rank this scene up there with a similar scene in a Hugo Award winning science fiction episode.

"This is Ambassador Delenn of the Minbari. Babylon 5 is under our protection. Withdraw .. or be destroyed."
"Negative. We have authority here. Do not force us to engage your ship."  Captain Drake
"Why not? Only one human captain has ever survived battle with a Minbari fleet. He is behind me. You are in front of me. If you value your lives, Be Somewhere Else."
Ambassador Delenn, Babylon 5, "Severed Dreams", 1 April 1996

About those nagging death and age issues or past Doctors?  The Tor.com article, Determining Which Doctors Would Return for Doctor Who's 50th Anniversary, spoke at length on the availability of past actors.  As to the rest, well this is a time travel show.

So here's our partial fantasy list of the actors for a "Eleven Doctors".  Or should we say "Thirteen Doctors"?

01  The First Doctor

William Hartnel  (1908-1975)

• Doctor Who, 1963-1966
• Doctor Who, The Three Doctors, 1972-1973
• Doctor Who, The Five Doctors, 1983*

Richard Hurndall  (1910-1984)

• Doctor Who, The Five Doctors, 1983

Peter Cushing  (1913-1994) *

• Dr. Who and the Daleks, 1965
• Daleks - Invasion Earth: 2150 A.D., 1966

Being the new first Doctor would be a 'tough act to follow'.  But we'll take our cue, and suggestion, from Karen Gillan (Amy Pond):

San Diego Comic Con 2011:

• Question -  "If you could cross over Doctor Who with any show, except for Torchwood, what would it be and why?"
• Karen Gillan - "Star Trek Next Generation"

#1 Sir Patrick Stewart

This pick would fit in quite nicely with the Doctor Who, Star Trek: The Next Generation crossover comic.

02  The Second Doctor, first regeneration

Patrick Troughton  (1920-1987)

• Doctor Who, 1966-1969
• Doctor Who, The Three Doctors, 1972-1973
• Doctor Who, The Five Doctors, 1983
• Doctor Who, The Two Doctors, 1985

Who best to play the second Doctor?  Why not an actor who's already played the Doctor.  And played a character with a similar haircut.

#2 Rowan Atkinson
Doctor Who and the Curse of Fatal Death, 1999

03  The Third Doctor, second regeneration

Jon Pertwee  (1919-1996)

• Doctor Who, 1970-1974
• Doctor Who, The Five Doctors, 1983
• Dimensions In Time, 1993  

We'll be lazy with this pick and pronounce that Pertwee will play the part of the third Doctor.  That is Sean Pertwee, the son of Jon Pertwee.

04  The Fourth Doctor, third regeneration

Tom Baker  (1934-

• Doctor Who, 1974-1981
• Doctor Who, The Five Doctors, 1984*
• Dimensions In Time, 1993

This one is easy.  First, Tom Baker is still with us.  Second, age is not a factor.  That is when the Fourth Doctor is pulled from the time stream of the episode "The Leisure Hive."  After the little accident with the rejuvenator, when the Doctor is shown several centuries older.

*  The Watcher, fourth regeneration

Adrian Gibbs

• Doctor Who, Logopolis, 1981

A projection of the Fourth Doctor's future incarnation.

05  The Fifth Doctor, fourth regeneration

Peter Davison  (1951-

• Doctor Who, 1981-1984
• Dimensions In Time, 1993
• Time Crash, 1993

Here the we pull the fifth Doctor out of the time stream, right after the events of "Time Crash."

06  The Sixth Doctor, fifth regeneration

Colin Baker  (1943-

• Doctor Who, 1984-1986
• Doctor Who, The Two Doctors, 1985
• Dimensions In Time, 1993

Take the regeneration scene from the beginning of the episode "Time And The Rani" and reverse the flow of time.  Or in the real world, run the film backwards.  Conclude the reverse time stream regeneration with the Sixth Doctor.  A bit older but no less wiser.

07  The Seventh Doctor, sixth regeneration

Sylvester McCoy  (1943-

• Doctor Who, 1987-1989
• Doctor Who, 1996
• Dimensions In Time, 1993

Let's whisk away the Seventh Doctor from the movie Doctor Who 1996.  The beginning of the film during the record playing scene.  The one between the Doctor sealing the Master's remains in a box, and where he sits down in the comfy chair.

08  The Eighth Doctor, seventh regeneration

Paul McGann (1959-

• Doctor Who, 1996

The Eighth Doctor is available anytime after he leaves Earth.

09  The Ninth Doctor, eighth regeneration

Christopher Eccleston (1964-

• Doctor Who, 2005

The Ninth Doctor is available before he is first seen on Earth.

10  The Tenth Doctor, ninth regeneration, tenth regeneration.

David Tennant (1971-

• Doctor Who, 2005-2010

If you're keeping track, the ninth regeneration is the transformation of the Ninth Doctor into the Tenth Doctor.  The tenth regeneration takes place at the end of the episode "The Stolen Earth" and the beginning of "Journey's End".

11  The Human Doctor, tenth regeneration

David Tennant (1971-

• Doctor Who, Journey's End, 2008

Mix hand of The Doctor with Donna Noble and get another Doctor with human psychology.

"I grew, out of you." The Doctor

12  Doctor-Donna

Catherine Tate ( -

• Doctor Who, Journey's End, 2008

Donna Nobel mixed with the mind of the tenth Doctor.  And one hell of a performance by Catherine Tate. 

13  The Eleventh Doctor, eleventh regeneration

Matt Smith (1982-

• Doctor Who, 2010-

Now in the episode "Let's Kill Hitler" River Song (Alex Kingston) gave up her remaining regenerations to save the Doctor.  Bringing up a question important to the last entry, 'how many regenerations does the Doctor really have left?".

*  The Valeyard

Michael Jayston (1935-

• Doctor Who, The Trial of a Time Lord, 1986

In The Trial of a Time Lord: The Ultimate Foe, the Valeyard is described as being "somewhere between the Doctor's twelfth and final incarnations" .  Vaguely meaning the Valeyard could be a future incarnation of the Doctor, or a projection like the Watcher.  Or the Master was lying.

While the Doctor-status of the Valeyard is unknown, nevertheless at the time the Valeyard was a physical entity.

Doctor Who 50th Anniversary 2013

And what will Steven Moffat do for the Doctor Who 50th Anniversary? 

Humanity will find out after the 2012 Christmas Special.

/*

"What exactly is your beef with humanity?"
Marshall Mann, In Plain Sight

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Electronic Arts Q2 FY2013 Earnings Call and Star Wars: The Old Republic

Electronic Arts Q2 FY2013 Earnings Call and Star Wars: The Old Republic
EventHorizon1984
30 October 2012

When the MMORPG Star Wars: The Old Republic game went retail in December 2011, it pulled in "over one million subscribers" in the first week.  By February 2012, "over 1.7 million players" had subscribed. 

However by 31 July 2012 the subscription numbers changed.  At the Quarter 1 Fiscal Year 2013 earnings call, Frank Gibeau, Electronic Arts President of Labels presented this:

• "Although it launched well, subscriptions have been on a declining trajectory and have now slipped below on million.  Last year we announced that the breakeven point was roughly 500,000 subscribers.  And while we are well above that today, that's not good enough"

Electronic Arts held their Q2 FY2013 today, and the Star Wars: The Old Republic subscriber numbers are missing.  Here is what Electronic Arts said about SW:TOR:

• "Subscriptions, advertising, and other digital revenue grew 48%, driven by Star Wars: The Old Republic. As we mentioned on the last call, a free-to-play option for this game will be available this quarter, and we will provide more insight regarding the results of this change in future calls."
• "Non-GAAP revenue for the quarter is expected to be between $1.25 and $1.35 billion, a decline in comparison from last year's $1.65 billion, which included the launches of Battlefield 3 and Star Wars: The Old Republic. Both titles drove packaged goods and full-game digital download revenue."

What does this all mean?

From our point of view it means, see what is said about SW:TOR at its one year anniversary in December 2012.  And what Electronic Arts reports in its Q3 FY2013 earnings call.

Addendum 31 October 2012

Here are additional comments on Star Wars: The Old Republic from the Seeking Alpha transcript of the earnings call:

Sean P. McGowan - Needham & Company, LLC, Research Division

• "I was hoping you could give us a little update on where things stand with Star Wars: The Old Republic, the changes that you've made to the business model and how that's working, or anything you can give us on that. And then remind us on the Battlefield Premium. You've given us some great color on the revenue that's coming. What costs might have been deferred on that or might show up in Q4 against that revenue?"

Frank D. Gibeau - President of The EA Labels

• "Yes, this is Frank, I'll start with the Star Wars question. As we announced in our last call, we are pivoting that business to open up a new free-to-play part of that business model. That starts this November. And so I think it's a little premature to be able to give you too much color on how that's going to go until we deploy it. In Blake's remarks, he mentioned that we'll have an update on a future call and give you guys some more information on how the free-to-play conversion went on Star Wars. So…"

Sean P. McGowan

• "How's the existing business going?"

Frank D. Gibeau

• "It's vibrant and positive in Star Wars. The game is continuing to release content. People continue to be subscribing to the product. So for that part of the business, the premium subscription side of the business is very stable, and we're excited about the potential and the free-to-play option."

Sean P. McGowan

• "Okay. And the people hanging out, those that already signed up or are kind of staying?"

Frank D. Gibeau

• "Like I said, we feel good about stability in the community and people are excited about the new content, actually, we've been releasing. So yes."

Atul Bagga - Lazard Capital Markets LLC, Research Division

• ... "You talked about what's going down, but what's going up there?"

John S. Riccitiello - Chief Executive Officer and Executive Director

• ... "We feel good about our numbers. But you're right, we've had -- I mean, the principal downside this year were Medal of Honor, NBA and frankly earlier, Star Wars has underperformed. But that's really the balanced equation."

/*

"Excellent idea.  Just let me update my will."
Smuggler, Star Wars: The Old Republic

/*

See also:  Star Wars: The Old Republic Beta Test Observations

/*

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Do You Know What Your Amazon Cloud Is Up To?

Do You Know What Your Amazon Cloud Is Up To?
EventHorizon1984
26 October 2012

The Amazon Web Service (AWS) had an East Coast service outage on October 22nd.  The interruption of service lasted several hours. 

According to TechCrunch:

• "What started as a small issue affecting some instances of Amazon’s Elastic Cloud Compute (EC2) in North Virginia became a full-blown outage of AWS in North Virginia. Major services, such as Reddit, Foursquare, Minecraft and Heroku, are down. GitHub, imgur, Pocket, HipChat, Coursera and others are affected"

In brief, the usual short-term whoops that happens with all large computer systems.  But what c|net added was interesting:

• "Amazon isn't saying what happened, but a spokesperson said the problem isn't due to an attack, as some have speculated. A member of hacker group Anonymous claimed responsibility for the outage via a tweet, but the Amazon spokesperson said that's not accurate and that no attack occurred."

While the claim is likely an Anonymous wannabe or puffery, the hackability of some Amazon services is not fictional.

It was almost a year ago when this article appeared:

Amazon's EC2, Eucalyptus hacked
SC Magazine
Darren Pauli, 28 October 2011

• “Effectively, a successful attack on a cloud control interface grants the attacker a complete power over the victim's account, with all the stored data included,” researchers at Germany’s Ruhr University wrote in a paper.
• "We had full access to all customer data, including data authentication, tokens, and even passwords in clear text," researcher Mario Heiderich said.

The article had this warning at the end:

• "Critical infrastructure and services are making ever more use of cloud computing," he said. "It is therefore an urgent need to identify the security gaps in cloud computing".
  Juraj Somorovsky

Don't comfort yourself believing this is theoretical.  As we noted in May 2011, there was this incident:

Sony Network Breach Shows Amazon Cloud's Appeal for Hackers
Bloomberg
Joseph Galante, Olga Kharif, Pavel Alpeyev, 16 May 2011

• For three pennies an hour, hackers can rent Amazon.com Inc. (AMZN)’s servers to wage cyber attacks such as the one that crippled Sony Corp. (6758)’s PlayStation Network and led to the second-largest online data breach in U.S. history.
• A hacker used Amazon’s Elastic Computer Cloud, or EC2, service to attack Sony’s online entertainment systems last month, a person with knowledge of the matter said May 13.

This article had this warning at the end:

• The episode will cause individuals and companies to rethink what data to put on the cloud and force companies to potentially double what they spend on application security, said Murray Jennex, an associate professor at San Diego State University who specializes in computer systems security. In the long run, it will be cheaper than being hacked, he said.
  “This puts cloud computing into proper perspective,” Jennex said. “Everybody’s been thinking it’s chic and ignoring the security aspect. I think this reminds companies that things that make them great need to stay under their control.”

Our point is not that Amazon's Cloud is more vulnerable that other systems.  It isn't; ask Sony about THEIR data security.  Our point is that we see far too many people buy into the hype of the safety and security of Cloud Computing.  And when they** move to Cloud Computing, do the computer equivalent of leaving their house keys under the door mat.*

*  Then too, we do see people** getting a web site and putting the keys under the mat.
**  Yes, this article is partially directed to 'you know who you are'.

In security matters, treat Cloud Computing no differently from other computer services.

"No boom today.  Boom tomorrow.  There's always a boom tomorrow."
Susan Ivanova

Now we do have a small bone to pick with Amazon AWS Services - Cloudfront.

Previous emails to Amazon Cloud customer service about their problem users have always resulted in mixed results.  Translation:  No Response.

Here's our public comment about the Amazon Cloud user from IP 46.137.248.139, who is using the Amazon AWS Services - Cloudfront - FRA.  This is what he did recently to an associated site.

46.137.248.139 /MyAdmin/scripts/setup.php 10/26/12 1:03 PM 0 404 GET ZmEu
46.137.248.139 /myadmin/scripts/setup.php 10/26/12 1:03 PM 0 404 GET ZmEu
46.137.248.139 /pma/scripts/setup.php 10/26/12 1:03 PM 0 404 GET ZmEu
46.137.248.139 /phpmyadmin/scripts/setup.php 10/26/12 1:03 PM 0 404 GET ZmEu
46.137.248.139 /phpMyAdmin/scripts/setup.php 10/26/12 1:03 PM 0 404 GET ZmEu
46.137.248.139 /w00tw00t.at.blackhats.romanian.anti-sec:) 10/26/12 1:03 PM 0 404 GET ZmEu

We do realize Amazon, that this had no effect on that site.  And virtually all web sites are immune to this not ready for amateur hour attack.  But maybe he'll learn and try something else, on someone bigger.

Could you have a talk with this Amazon Cloud customer?

Pretty please.

/*

"Captain Gideon, 'security' happens to be my middle name." Captain Elizabeth Lochley
"That's all well and good, but just in case your last name is 'breach' it won't hurt for me to double-check." Captain Matthew Gideon
Crusade (1999)

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Maine GOP versus World of Warcraft - Welcome to Fantasy Island

Maine GOP versus World of Warcraft - Welcome to Fantasy Island
EventHorizon1984
5 October 2012

The race for Maine's District 25 Senate seat, incumbent Thomas Martin JR (R) versus Colleen Lachowicz, according to Forbes magazine went to "supremely stupid" when the Maine GOP (Grand Old Party) posted a press release titled "Candidate's Bizarre Double Life Raises Questions."

You can view the press release at:
https://www.mainegop.com/2012/10/candidates-bizarre-double-life-raises-questions

Well you would be able to view the site (at the time of publication), if the site builders had a modicum of computer expertise:

"503 Service Temporarily Unavailable"

Here is a cache of the page.

And here is Colleen Lachowicz's response.

Then again, when the voting for District 25 is measured in the thousands,

Thomas Martin JR (R) - 1,195
Colleen Lachowicz (D) - 827
Dana Hernandez (D) - 755

and that site is build to accommodate the local electorate.  Hundreds of thousands of hits would be problematic.

"There's no such thing as bad publicity except your own obituary."
Brendan Behan

If not millions of hits.  Hits from hundreds of articles like the sample below:

On Video Games as a Political Liability
Paul Tassi, Forbes Magazine *
"The central idea here is that Colleen is lost in a fantasy world of violence, which in effect, can be claimed about anyone who has ever played an M-rated video game. It’s offensive to gamers, which are an increasingly large segment of the population, but that’s not the kind of vote the Maine GOP is going for here. That would be the hearts and minds of those too old to even lift a Wiimote, most likely."

Is Being a Gamer a Political Death Sentence?
Michael Peck, Forbes Magazine
"The central idea here is that Colleen is lost in a fantasy world of violence, which in effect, can be claimed about anyone who has ever played an M-rated video game. It’s offensive to gamers, which are an increasingly large segment of the population, but that’s not the kind of vote the Maine GOP is going for here. That would be the hearts and minds of those too old to even lift a Wiimote, most likely."

Maine GOP Attacks Candidate's Right to Choose Horde
Carol Pinchefsky, Forbes Magazine
"I would prefer to vote for a candidate based on issues of their policies rather than their personal lives."

* Forbes magazine, as in the late Malcolm Forbes, and two time Presidential candidate Steve Forbes (R).

Orc Assassination Rogue Running for Main State Senate
Dennis DiClaudio, Comedy Central
"I'm not quite sure that America is ready for an "orc assassination rogue" in one of our state legislatures…"

Democratic candidate slammed for playing World of Warcraft
Earnest Cavali, Digital Trends
"normally we’d hate to take sides in such an obliquely political argument as this — we write about video games, so who wants to hear our thoughts on governmental propriety? —  but our ability to reason logically and read through biases forces us to point out the absurdity of this attack."

GOP: World of Warcraft player should be barred from office
Chris Matyszczyk, c|net
"Oh, come now. It's not as if her name is Lash-o-Witch and you can hire her at $100 per hour -- as you can some politicians."

Maine Political Race Focuses On World of Warcraft
Stephen Johnson, G4TV
"Lachowicz posts that she "loves poisoning," likes to stab people and has an alt who is an undead warlock. This all seems pretty common for a WoW player, but out-of-context, such revelations could make non-gamers a bit nervous."

When World of Warcraft Met the World of Politics
Alexander Abad-Santos, The Atlantic Wire
"It's supposed to be a smear, not because WoW is addictive and time-consuming and could possibly ruin your social life, but because her character in the World of Warcraft likes to stab things and steal from people.  That, of course, is sort of silly."

State Senate politics enters 'fantasy world'
Michael Shepherd, Morning Sentinel
"the Republican website, which prominently displays a large picture of Lachowicz's "World of Warcraft" character, is "one big joke," Dixon said. "It's just going to be bad publicity for the (Republican) Party.""

The GOP press release also got a bit of international attention.

World of Warcraft hobby sparks US political row
BBC  (Great Britain)
"the Republican party in the state created "Colleen's World" - a website that compiles information about Ms Lachowicz's orc rogue Santiaga. An orc is a mythical human-like creature, generally described as fierce and combative."

Republican attack on World of Warcraft backfires
The Week  (Great Britain)
"A REPUBLICAN campaign to expose a Democratic candidate’s penchant for playing the World of Warcraft has been described as "absurdly pathetic" by gaming fans."

Republican Party wants to ban Warcraft player from office
Nic Healey, c|net Australia
"incumbent Republican Senator Tom Martin has seemingly distanced himself from his party's attacks, saying that he was unaware of the press release and that when he met Lachowicz, she "seemed like a nice lady""

"Bite the Hand That Feeds You"
Steven Colbert

Then there's the 'bite the hand that feeds you' aspect.

According to the U.S. Federal Election Commission:

Activision Blizzard individual contributions (total):
$2,500 - Romney, Mitt / Ryan, Paul (R)
$950 - Obama, Barack (D)
$600 - Paul, Ron (R)
$3,000 - Boehner, John (R)

Ok, these amounts are peanuts to the GOP.

Number wise, what is not peanuts, are the over 10 million subscribers to the World of Warcraft.

Definitely not all Maine voters, but a rather potentially large number of people to annoy.

"A billion here, a billion there, pretty soon, you're talking real money."
Everett Dirksen

The owner of World of Warcraft is not a small company to push around.  Activision Blizzard, had a second quarter 2012 GAAP net revenue of $1.08 billion. 

A multi-billion dollar company might object to having one their biggest money maker products slammed.

Compare this revenue to the State of Maine's "expected yearly revenue of just under $3 billion."

Incidentally the video game industry global market is "$67 billion" and forecast to grow "to $82 billion in 2017."  As stated by Forbes magazine, "This is good news for all companies involved in gaming including Sony, Microsoft, Activision, Electronic Arts, Disney, and even Nintendo"

Let's not forget that World of Warcraft and other online computer games are not played in thin air.  You Need A Computer.

Hint to the technologically ignorant, the millions of U.S. World of Warcraft customers use computers.

"We love platforms that are hundreds of millions of users"
Jens Begemann

Perhaps they use World of Warcraft compatible computers from U.S. companies like:

HP ** - "Second quarter net revenue of $30.7 billion"

** The current HP CEO is Meg Whitman (R).

Dell - "Revenue of $62.1 billion for the fiscal year"

Apple - "quarterly revenue of $35.0 billion"

And what about that software company that has their Windows operating system running on the bulk of those computers?

Microsoft - "quarterly revenue of $18.06 billion"

Finally, what about the companies that connect millions of online gamers together?

Like the cable industry?

Cable Industry Revenue 2011:
$38,310,000,000 - All Other Revenue

Was it not conventional political wisdom, that taking pot shots at the revenue streams of large corporations is not a good idea?

"You are fools."
Colossus

Perhaps the technologically inept individual that thought up the World of Warcraft attack, should look up "infrastructure" and "collateral damage."

Infrastructure - "the basic, underlying framework or features of a system or organization."
Collateral Damage - "Collateral damage occurs when something incidental to the intended target is damaged during an attack."

And he should also look up World of Warcraft's customers.

Such as Chuck Norris (R):

• "There are 10 million people in the World of Warcraft... because Chuck Norris allows them to live!"
• "I'm Chuck Norris, and I approved this game."

You're interfering with Mr. Norris's revenue stream too.  Bad idea.

/*

"The billionaire philanthropist said there are lessons to be learned from the enthusiasm kids have when playing video games, including that winning can be a motivator and that students should be able to move to the next level when ready.
“We’re not saying the whole curriculum turns into this big game. We’re saying it’s an adjunct to a serious curriculum”"
Bill Gates: Getting schools into the game to engage students

/*

Addendum 13 November 2012

The voting is over, and MMORPG won.

Maine State Senator Playing Orc on World of Warcraft Elected Despite Opponents Attacks On Her Gaming Hobby

• "Colleen Lachowicz, Democrat for Maine state senate, won"

For the slightly tongue in check analysis:

How The Republican Party Should Have Attacked Colleen Lachowicz

• "it’s fair game to judge any politician based upon their personal life these days, so Lachowicz should expect some judgement when it comes to her WoW character. Does she have a reasonable excuse as to why her character has the achievement The Descent Into Madness two entire years after Ulduar’s release? Or what about the fact that she’s never completed a Onyxia run without a member of her party being hit by Deep Breath? If she believes she’s the right candidate to represent an entire state’s worth of people why has she never successfully completed 25 man Icecrown Citadel?"
• "Either way you look at it the accusations previously pitted against Lachowicz making the assumption that gaming would keep her out of touch with society's needs is as wrong as it is insulting. Her recent placement into Maine’s senate and the incredible support she’s received from gamers all over the world show that despite the gritty details that may make her a casual WoW player it’s important to the people that our politicians share the same human interests as us. Not everyone enjoys golf after all."

Colleen Lachowicz, Maine's World of Warcraft-Playing State Senate Candidate, Wins Office

• "Turns out, however, that Maine voters either didn't care, or are a big fan of orcish rogues."
• "Lachowicz, as you may have guessed, won her race for State Senate."

The British weighed in, apparently having some deep seated European connection with dragons.

Democrat candidate attacked for having 'disturbing double life' as an orc assassin in World of Warcraft wins key battleground district

• "It turns out most voters don't see a history of killing dragons in your free time as an impediment to holding office."
• "Lachowicz took the office with a final vote of 8,666 to 7,753 over incumbent Republican Tom Martin"

This election was the hard mode way to score a reward:

• "She says Blizzard sent her copy of the latest "World of Warcraft" expansion — "Mists of Pandaria." It was signed by the entire development team. After she catches up on her sleep, she plans to give it a play."

As a voting demographic, WoW subscriptions slipped to 9.1 million from 10.2 million.

/*

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eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets

eDrop-Off Corri McFadden California and Illinois Lawsuit Dockets
EventHorizon1984
10 September 2012

Over the past months we've noticed an unusually large number of hits regarding two lawsuits:

• eDrop Off Chicago LLC et al v. Nancy R Burke et al
  • United States District Court for the Central District of California
  • Plaintiff
    • eDrop Off Chicago LLC
    • Corri McFadden
  • Defendant
    • Nancy R Burke
    • "Midley Inc, doing business as Purseblogcom"
    • "Does 1-10 inclusive"
• eDrop-Off Chicago LLC et al v. Burke et al
  • United States District Court - Northern District of Illinois
  • Plaintiff
    • eDrop-Off Chicago LLC
    • Corri McFadden
  • Defendant
    • Nancy R Burke
    • Midley, Inc. doing business as PurseBlog.com

Hits happen when various articles ¹ are written about eBay INC sellers and their legal proceedings.

Yesterday we looked up the cases on PACER to check their progress  The brief version:  The cases are ongoing. 

The short non-lawyer version:

• Illinois
  • "Action is stayed pending resolution of the Los Angeles case." 07/24/2012
  • "Claims against Nancy Burke are dismissed." 07/10/2012
  • "Ms. Burke is dismissed with prejudice." 07/24/2012
• California
  • Plaintiff (eDrop-Off, Corri McFadden) is maneuvering to block Defendant's (Midley, Inc.) anti-SLAPP move, and reverse the drop case denial.
  • "APPLICATION for Leave to File Amicus Curiae Brief In Support Of Defendant
    Midley's Special Motion to Strike the Plaintiffs' Complaint filed by Amicus Curiae
    Electronic Frontier Foundation." 07/16/2012
  • Discovery motions filed.
  • The case has moved to the settlement phase; "Parties are referred to Magistrate Judge
    Fernando M. Olguin for settlement."  Note this discussion is part of the legal process, and does not mean a settlement has been reached.
  • Dismissed without prejudice; "NOTICE OF DISMISSAL filed by Plaintiff eDrop Off Chicago LLC, Corri McFadden pursuant to FRCP 41a(1) as to Nancy R Burke, Does." 05/12/2012

For the longer version of the legal proceedings, here are PDF copies of the court dockets:

California (05/10/2012-08/21/2012) - Civil Docket For Case #: 2:12-cv-04095-GW-FMO

Illinois (05/11/2012-08/20/2012) - Civil Docket For Case #: 1:12-cv-03632

Carry on.

/*

(1)  See also:

Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.

Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech
Electronic Frontier Foundation

eBay Account Rep Defends Reality TV Star Accused of Shill Bidding
eCommerceBytes

Reality TV Star Accused of eBay Shill Bidding Sues Her Accuser
eCommerceBytes

Judge Grants Restraining Order against eBay Seller's Critic
eCommerceBytes

/*

"To the extent Plaintiffs complain about the risk of inconsistent judgments and duplicative litigation, they have only themselves (and, perhaps, a fast-acting defendant) to blame. It is up to Plaintiffs to determine how to smooth out the creases in the bed they made."
George H. Wu, United States District Judge
Case 2:12-cv-04095-GW-FMO Document 42-1 Filed 06/12/12
eDrop Off Chicago LLC et al v. Nancy R Burke et al

/*

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eBay INC Stock Has Turned Around Under CEO John Donahoe; Really?

eBay INC Stock Has Turned Around Under CEO John Donahoe; Really?
EventHorizon1984
31 August 2012

The bulk of this article was originally scheduled for publication on July 31st.  Then, 'life happened'.  It is now August 31st, but the updated numbers are just as interesting.

While much is said about eBay INC's stock, there is one fact rarely presented.  The matter of eBay INC stock dividends.  According to eBay INC's official investor page:

Which means for the average investor to materially benefit from eBay INC stock, they must sell and/or buy the stock.  In other words, 'buy low, sell high', short, et al.

Many analysts (who make money on fees You pay them) give the advice 'eBay stock is a long term investment.'  Is this stale, and cliche advice a bad thing?

Well ....

• "Ebay will blow all estimates away!
  The stock has NO choice but to go up
  I predict this will hit $50 before the end of July. . ."
  Ebay Pays My Bills, 11 July 2012

When John Donahoe became eBay INC CEO on 31 March 2008, the opening bell share price was $29.87.  At the 31 July 2012 closing bell, the price was $44.30.

Various organizations tooted "eBay's Comeback".  Our thoughts were ....

• "Sure.  Fine.  Whatever."
  Dana Scully, X-Files, Syzygy

Under the tenure of CEO John Donahoe, eBay INC's share price numbers are fairly cut and dry.

			Share Price
	3/31/2008		7/31/2012		$ Increase        (1)		% Increase   (2)			Dividends
eBay	29.87		44.3		$14.43	$3.33	48%	11%		No

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

This is considered a major turnaround.  At least to the people who want to sell you more eBay INC stock.

But it is amusing to see how eBay INC's numbers compare to the stocks of companies that are considered to be in a downturn or the doldrums. 

For example, two companies that eBay INC is constantly compared to:

			Share Price
	3/31/2008		7/31/2012		$ Increase        (1)		% Increase   (2)			Dividends
eBay	29.87		44.3		$14.43	$3.33	48%	11%		No
Google	435.64		632.97		$197.33	$45.54	45%	10%		No
Walmart	52.20		74.43		$22.23	$5.13	43%	10%		Yes

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

Percentages look the same, don't they?

• "50% to 60% of PayPal's transactions are funded with a credit or debit card, so Visa, MasterCard, and the other card brands still get their normal fees more than half of the time PayPal is used."
  Greg Smith, Jennifer Dugan

What about the financial portion of eBay INC, PayPal?  After all John Donahoe said, "PayPal is a business that will be bigger than eBay".  And PayPal, an eBay INC company, recently announced partnering with Discover.

What is the tale of the tape for eBay INC share price versus the major credit card companies?

			Share Price
	3/31/2008		7/31/2012		$ Increase        (1)		% Increase   (2)			Dividends
eBay	29.87		44.3		$14.43	$3.33	48%	11%		No
VISA	62.60		129.07		$66.47	$15.34	106%	25%		Yes
MasterCard	218.00		436.57		$218.57	$50.44	100%	23%		Yes
American Express	43.21		57.71		$14.50	$3.35	34%	8%		Yes
Discover	16.00		35.96		$19.96	$4.61	125%	29%		Yes

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

With one exception, and that by a small margin, buying stock in a major credit card company was a better long term investment.  And do notice that in addition to the large share price gains, the credit card companies pay a dividend.  eBay INC does not.

Incidentally, the news that gets buried in the 2013 PayPal and Discover partnership spin; Discover partners with Google. 

It is not John Donahoe boldly leading PayPal into credit card territory.  It's Discover aggressively expanding into e-commerce by partnering with BillToMobile (3/27/2012), Google (8/16/2012), and PayPal (8/22/2012, 2013).  PayPal got swept up.

• "Why is Apple so Cheap?"
  Andres Cardenal, 12 July 2012

Almost finally, here are the numbers of the three companies we've used in previous eBay INC share price comparisons.

			Share Price
	3/31/2008		7/31/2012		$ Increase        (1)		% Increase   (2)			Dividends
eBay	29.87		44.3		$14.43	$3.33	48%	11%		No
Amazon	70.25		233.3		$163.05	$37.63	232%	54%		No
Starbucks	17.06		45.28		$28.22	$6.51	165%	38%		Yes
Apple	143.27		610.76		$467.49	$107.89	326%	75%		Yes

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

 

Had you bought stock from our mini-trio of Amazon, Starbucks, Apple, you would have made more than the amount you sunk into eBay INC.

• "eBay is bigger than Madagascar"
  Vincent Trivett

To be fair, this is August 31st not July 31st.  Today's stock prices are:

			Share Price
	3/31/2008		8/31/2012		$ Increase        (1)		% Increase   (2)			Dividends
eBay	29.87		47.47		$17.60	$3.98	59%	13%		No
Amazon	70.25		248.27		$178.02	$40.31	253%	57%		No
American Express	43.21		58.30		$15.09	$3.42	35%	8%		Yes
Apple	143.27		665.24		$521.97	$118.18	364%	82%		Yes
Discover	16.00		38.73		$22.73	$5.15	142%	32%		Yes
Google	435.64		685.09		$249.45	$56.48	57%	13%		No
MasterCard	218.00		422.90		$204.90	$46.39	94%	21%		Yes
Starbucks	17.06		49.61		$32.55	$7.37	191%	43%		Yes
VISA	62.60		128.25		$65.65	$14.86	105%	24%		Yes
Walmart	52.20		72.60		$20.40	$4.62	39%	9%		Yes

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

Given the overall changes of non-eBay INC share prices versus eBay INC stock price, it may have been kinder not to include this chart.

If you had heeded the call of your analyst to buy eBay stock on 31 March 2008, as a long term investment?  Today, almost four and a half years later, eBay INC stock is at a sustained price, higher than your purchase price.  You are now $3.98 a share per year ahead.

Temper that $3.98 with the fact that had you instead purchased stocks in aggregate from companies considered to be eBay INC competitors or peers, your investment would have been significantly larger than your eBay INC investment.

As an average investor, the question you face is today 'buy, hold, or sell?'.  Based on the four year stock price track record of the companies above, is 'buy, hold?' really a question that needs to be asked?

eBay INC's next Earnings Call is scheduled for 17 October 2012.

Where will eBay INC's stock price be then?  And what will be the share prices of eBay INC's competitors and peers?

We're projecting an eBay INC $50 share price by early 2013.  The other companies?  Much more of the same.

• "28 years of social media experience with Fortune 500 global brands"
  LiveWorld.com

Finally, do you know that LiveWorld, a corporation that "works with eBay on its active website social venues" has stock?  With eBay INC and Walmart providing LiveWorld "approximately 51% of" it's total revenue, perhaps this is a stock worth checking.

			Share Price
	3/31/2008		7/31/2012		$ Increase      (1)		% Increase   (2)			Dividends
eBay	29.87		47.47		$17.60	$3.98	59%	13%		No
LiveWorld	0.19		0.25		$0.06	$0.01	32%	7%		No

(1)	Average Yearly Increase Per Share
(2)	Average Yearly Percent Increase

 

Affordable too.

/*

"investors may be getting impatient with companies that show no sign of profit, such as Amazon. Its stock has dropped from more than $200 a share in April to around $135 today, while eBay's has only eased from a high of $234 in late April to around $195"
Robert Hof, BusinessWeek, 31 May 1999

/*

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Neil Armstrong, First Moon Walker, Passes Away at 82

Neil Armstrong, First Moon Walker, Passes Away at 82
EventHorizon1984
25 August 2012

Neil A. Armstrong, Astronaut, the first man to step¹ upon the surface of the Moon, died today at the age of 82.

Except for those taking the view "history is myth" or the 6% 'fooled twice' type or Internet Trolls, the planetary population knows about Neil Armstrong and the history making Apollo 11 flight.  And over the next few news cycles, people will know much more.

Such as occasional brushes with death.

"If we die, do not mourn for us.  This is a risky business we're in, and we accept those risks."  Virgil "Gus" Grissom

20 April 1962 - X-15

• "The only other alternative at that point would have been Palmdale and I didn't want to get into their traffic pattern."  Neil Armstrong
  

Perhaps not so much as a brush, but more of a 'here's my card' event.

Test pilot Neil Armstrong was flying the X-15 when on the return segment, "the X-15 pulled up and essentially skipped off the top of the atmosphere, returning to space."  In short, instead of final approach to a near-deserted landing area, the X-15 was "gliding" somewhat near or over Los Angeles.

Piloting skill turned a possible disaster into a safe flight home.

"I began to turn back home"
Neil Armstrong

16 March 1966 - Gemini 8

• "We have serious problems here" David Scott

After the first successful docking in space, Gemini 8 Astronauts Neil Armstrong and David Scott experienced a serious thruster problem.

"After backing away from the Agena, the spacecraft had started to whirl at a dizzying rate of one revolution per second. Armstrong suspected that the maneuvering thrusters were about finished. He and Scott were also having trouble seeing the overhead panel dials; their physiological limits seemed near. They were dizzy, and their vision was blurred."

You can view the government style documentary of Gemini 8:

• Gemini 8, This is Houston Flight

Or the dramatized version:

• From The Earth To The Moon

Suffice to say, both men returned safely to the Earth.

6 May 1968 - LLRV

When Landing on the Moon, Practice Makes Perfect

The above photo from NASA, shows what a Lunar Landing Research Vehicle (LLRV) looks like after it crashes.  With the parachutist being Neil Armstrong.

As described:

• "Armstrong made his 21st flight in the vehicle. It was a disaster." ... "about 230 feet above the desert floor the LLRV started pitching forward and picking up speed." ...  "Within seconds Armstrong was flying on his side and realized ejecting was his only recourse.  A little less than 200 feet from the ground he separated from the LLRV." ... "the crash wasn’t related to the design of the LLRV but a problem with the propellant."

20 July 1969 [GMT] - Apollo 11

• "I thought we had a 90% chance of getting back safely to Earth on that flight but only a 50-50 chance of making a landing on that first attempt."  Neil Armstrong

If you're thinking, there was all the time in the world for Neil Armstrong to land the Lunar Module Eagle:

• Mission time 102:45:31  Duke:  "30 seconds."

The "30 seconds" was time remaining until "Bingo"; which meant 'land in 20 seconds or abort.'

• Mission time 102:45:40  Aldrin:  "Contact Light."

Now suppose you're a pilot that manages to land their craft with 21 seconds² of fuel.  Was that all the time in the world?

For video of the landing, from the view of "Buzz" Aldrin's window:

• http://www.hq.nasa.gov/alsj/a11/A11Landing.mov

When asked about the reason for closing the Lunar Module hatch:

• "To avoid having somebody say 'Were you born in a barn?'" Neil Armstrong

"Pretty sure the law of the land states that everyone has the right to be an idiot."  Gregory House, M.D., House (2004-2012)

Apparently as Fate would have it, his death was not career related, but more a pernicious ala George S. Patton, Jr.-type event"

• "His family announced the death in a statement and attributed it to “complications resulting from cardiovascular procedures.”"

Routine surgery mind you.

• Neil Armstrong recovers after heart bypass surgery
• BBC News, 8 August 2012
• "Mr Armstrong, who turned 82 on Sunday, had surgery to relieve four blocked coronary arteries."

Much as we would love to comment on this ... and then promptly get sued ... we close with a collection of first words from Neil Armstrong's peers.

First thing said from the surface of the Moon is "Contact ..."

• "Lunar Surface Sensing Probes extended from three landing legs. A sensor on the tip indicated when the lunar surface was touched."

What Apollo Astronauts said when they first set foot upon the Moon:

Apollo 11 - 21 July 1969 [GMT]
Neil Armstrong (1930-2012)
"That's one small step for (a) man, one giant step for mankind."
Edwin "Buzz" Aldrin, Jr.  (1930- )
"Beautiful view!  Magnificent desolation."
"Looks like the secondary strut had a little thermal effects on it right here, Neil."

Apollo 12- 19 November 1969 [GMT]
Charles "Pete" Conrad, Jr. (1930-1999)
"Whoopie!  Man, that may have been a small one for Neil, but that's a long one for me."
"Off the ... Oooh, is that soft and queasy."  or "(s)quishy"
Alan Bean  (1932- )
"Okay?  Okay.  My, that Sun is bright."

Apollo 14 - 5 February 1971 [GMT]
Alan Shepard  (1923-1998)
"Okay, you're right. Al is on the surface. And it's been a long way, but we're here."
Edgar Mitchell  (1930- )
"That last one is a long one."

Apollo 15 - 31 July 1971 [GMT]
David Scott  (1932-  )
[long awed silence]
"Ok.  Ah.  Ok Houston as I stand out here in the wonders of the unknown at Hadley, I sort of realize there's a fundamental truth to our nature.  Man must explore.  And this is exploration at its greatest."
James Irwin  (1930-1991)
"Boy, that front pad is really loose, isn't it?"

Apollo 16 - 21 April 1972 [GMT]
John Young  (1930-  )
"Okay.  There you are: Mysterious and Unknown Descartes. Highland plains. Apollo 16 is gonna change your image. I'm sure glad they got ol' Brer Rabbit, here, back in the briar patch where he belongs."
Charles Duke  (1935-  )
"Fantastic! Oh, that first foot on the lunar surface is super, Tony!"

Apollo 17, 11 December 1972 [GMT]
Eugene Cernan  (1934-  )
"I'm on the footpad. And, Houston, as I step off at the surface at Taurus-Littrow, we'd like to dedicate the first step of Apollo 17 to all those who made it possible."
"Jack, I'm out here. Oh, my golly! Unbelievable! Unbelievable; but is it bright in the Sun."
Harrison "Jack" Schmitt  (1935-  )
[Harrison Schmitt - "At some point, and maybe it's here, I stepped down off the ladder onto the sloping side of a boulder which had little balls of glass and debris that made it very slick. And I slipped and my left leg went out from under me. Fortunately, I was still hanging onto the ladder."]
"You landed in a crater!"
"Why don't you come over here and let me deploy your antenna."

/*

"People love conspiracy theories ... but they were never a concern to me -- because I know that one day somebody's going to fly back up there and pick up that camera I left there."
Neil Armstrong

/*

1  One will see erroneous articles of Neil Armstrong being the first man to "land" on the Moon.  An error because both Neil Armstrong and Edwin "Buzz" Aldrin were in the Apollo Lunar Module, Eagle, when she landed on the lunar surface.

2  "Post-flight analysis indicated that Neil landed with about 770 pounds of fuel remaining." ... "the remainder would have been enough for about 45 seconds, including about 20 seconds for an abort"

See also:
The 40th Anniversary of the Apollo 11 Moon Landing. Why Bother With Columbus Day??

/*

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ChannelAdvisor Fined $150,000 For Unlicensed Microsoft Software

ChannelAdvisor Fined $150,000 For Unlicensed Microsoft Software
07 August 2012
EventHorizon1984

 

CEO Scot Wingo's ChannelAdvisor made the news late last week.  For a "private software-as-a-service company", which has eBay as an investor, it was rather embarrassing news.

• ChannelAdvisor pays $150K in software settlement, by Lauren K. Ohnesorge
• "Morrisville-based ChannelAdvisor has agreed to pay $150,000 to settle claims that it had pirated software installed on its computer."
• "ChannelAdvisor had also agreed to delete from its computers all unlicensed software, to acquire any licenses necessary to be compliant and to take measures to ensure the situation won’t happen again."

ChannelAdvisor's response to the Business Software Alliance findings and fine, were as usual professional and to the point.  As stated by ChannelAdvisor General Counsel Scot Alridge:

• ChannelAdvisor pays $150,000 to settle software dispute, by WRAL Tech Wire
• "As a software vendor ourselves, we take licensing very seriously"
  "ChannelAdvsior underwent a voluntary internal audit after BSA brought to our attention a potential shortfall in one of our software licenses."
  "We found that we had acquired an insufficient number of licenses to support our recent growth."

The formal response from the Business Software Alliance was equally cut and dry:

• "ChannelAdvisor agreed to pay $150,000 to settle claims that it had unlicensed copies of Microsoft software installed on its computers. The company also agreed to delete from its computers all unlicensed software, acquire any licenses necessary to become fully compliant, and take measures to ensure its future compliance, one of the foundational principles of proper software asset management (SAM)."

Essentially a slap-on-the wrist, at least for a company that secured $20 million in funding and had "recent growth", because the penalties could have been much worse.

• Business Software Alliance:  "Unauthorized file-sharing of copyrighted work consumes system resources and violates federal law. The liability and risk involved with using pirated software now reach far beyond copyright infringement, and its $150,000 penalties per violation. Pirated software can now result in Sarbanes-Oxley violations, which can mean millions in fines and as much as 20 years in prison for executives."

At this point you're asking, 'who is the Business Software Alliance', and why would anyone answer to them?

• "The Business Software Alliance (BSA) is the voice of the world's software industry and its hardware partners on a wide range of business and policy affairs."
• "BSA is the largest and most international IT industry group, with policy, legal and/or educational programs in 80 countries."

BSA's members include notables Adobe, Apple, AVG, CA Technologies, Intel, Intuit, McAfee, Microsoft, Sybase, Symantec.

Or put another way, BSA's clout can be measured in the billions of dollars of corporate legal services their members can bring to bear.

How did extra unlicensed copies of Microsoft software get installed on secure computers without following, one presumes, a set-in-stone corporate procedure?  We'll leave the reader and ChannelAdvisor to ponder that question.

As to how BSA found out about the unlicensed software?  Anonymous tip.

The Business Software Alliance has a page for submitting tips:

• BSA - Report Piracy Now:  Report

With rewards for tips:

• "A reward may be payable only if BSA pursues an investigation and, as a direct result of the information provided by you, receives a monetary settlement from the reported organization. The amount you may receive is based on a sliding scale as outlined in the Terms and Conditions available on the BSA website."

According to BSA, a settlement paid by a company of $100,001 to $200,000 earns a potential reward of "Up to $10,000".

Not a bad reward for filling out an anonymous tip report. 

/*

"Tsk. Tsk. Tsk."
Fred Flintstone, The Flintstones:  Fred's Second Car (8 January 1965)

/*

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The Checks Were In The Mail - CLRB Hanson LLC et al. v. Google

The Checks Were In The Mail - CLRB Hanson LLC et al. v. Google
01 August 2012
EventHorizon1984

Were you one of those affected by the CLRB Hanson Industries, LLC et al v. Google Inc. class action lawsuit?  A case that had been winding it's way through the Court system since 2005?

Well, wait no more.  Were you marginally affected by this class action, and filed out the online paperwork, you and your company should have received the settlement checks.

Like these (redacted images:

I'm (Ed.) framing these.

However this copious bounty pales in comparison to the multiple settlements eBay/PayPal due (us).  Like this action (redacted) from 2004:

To date, the total of all eBay/PayPal settlements paid is $0.00.

Perhaps not coincidentally, the settlement checks from a HP class action suit are "pending".  After all the new HP CEO, Meg Whitman, was the eBay CEO during the PayPal class action lawsuit.

We expect nothing less from the same manager.

/*

"All this happens Real Soon Now."
Jerry Pournelle

/*

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Last Generation

Last Generation
31 July 2012
EventHorizon1984

As said on Monty Python's Flying Circus:
"And now for something completely different."

This is a fan fiction draft.  No rights to characters below should be inferred.

"In confusion there is profit."
Lt. Nicholas Holden, Operation Petticoat (1959)

The starship moved in powered orbit around a glowing world.  The cruiser remained invisible to millions of other orbiting ships, being for the most part ignored.  It was the lull before a pre-known planetary chaos.  Taking advantage of this moment, nearly all her crew were foraging for parts on the surface.  Shopping takes an extrodinary priority, on a starship traveling the multiverse.

One of her skeleton crew was able to enjoy a rare moment of quiet.  Mostly.

"Captain we have to go down there!" Ash
"You know how this plays out.  We don't interfere."  Captain DeCarlo.
"Request permission ..."
"Denied."
"Try and stop me."
Ash stormed off the bridge.
DeCarlo sat down, and slowly sipped a mug of coffee.  When the mug was empty,  "Security.  Do not prep a shuttle, do not leave it unguarded, and do not permit the shuttle egress from the landing bay."
"Our last shuttle departed five minutes ago." toned one of mobile AI units.
"Where?"
"The planetary capital.  And sir, a fighter launched with orders to pursue."
Silence.
"Sir?"
"Stand down from security alert." 

The last of the skeleton crew looked at the main view screen. "Good luck gentlemen."

"We stand between the darkness and the light."
Ambassador Delenn, Babylon 5

Planetary Capital.  The beginning of the long twilight.

"This is A Number One the dumbest move you're ever going to make." said Ash as he strode toward a building.

He entered, paused to listen, then moved toward the scampering noises in the semi-darkness.  "It's ok.  I'm here to help."

Boot steps echoed behind Ash.  He whirled, shotgun aimed at chest level.

"I knew you hated me." said Jack Deth.
"Get back on your ride, and get the hell out of Dodge!"
"YOU got me stuck on that rust bucket." Deth pulled out a micro-gun from his pack.  "I'll be damned if you run off and leave me there.  What the hell has got you spooked?"
"Do you have any idea where we are?"
"Not a clue."
Ash raised an eyebrow, "Surely you jest."
"I kid you not.  And don't call me Shirley."

The sound of footsteps in the darkness grew louder and closer.  Figures appeared in the dim light.

"You've got to be kidding me."  Deth
"Now do you get it?"  Ash
Deth looked at the children and snapped his fingers.  Mad Max Beyond Thunderdoom.  We're on Earth?"

"That's "Mad Max Beyond ThunderDOME".   And You Are Clueless."
Deth looked at his sensor pack.  "Bodies on the move outside.  Energy weapons.  Fans of yours?"
"Can you keep them busy?"
"What about skinny over there?"  Deth pointed his M-gun at a man standing at the entrance.
"He's a hostile, and you ARE totally clueless."
Deth let loose with a hail of explosive needle rounds interspersed with the gattling laser bursts.  The stranger deftly moved away from the cloud of fire.
"Okay.  You handle tall geeky and mysterious, and I'll say hello to your fan club."
"Be seeing you death."
Deth headed outside, "Don't get all mushy on me."

Ash pumped both barrels at the approaching man.  LIghtning flashed in the dim light.  Small broken pellets hit the stone floor.

Anakin Skywalker reached out and force pushed Ash into a wall.  Ash slammed into the wall, his shotgun shattering on impact.

Ash extracted himself from the wall.  Bleeding, bruised, and with an insane amount of adrenalin coursing through his system.  With a muscle flex his chainsaw roared into life.  Adamantium blades humming on their tracks.

"Come get some." Ash

Outside Deth was partially preoccupied with crowd control, and partially listening to the sounds echoing from the building.

Whoosh, Wirrrrr, Bussk
Varoom, Wirrrr Brrrrr, Bussk
Wirrr, Vroom, Wirrr, Vroom Vroom, Wirrr.

Long agonizing minutes later, the outside courtyard was silent.  But the battle inside raged.

Vroom Vroom, Wirrrr, Bussk Bussk.
Vroom, VROOM, Whoosh, Whoosh, Whoosh, Bussk Bussk Bussk BUSSK
...
Wirrr, Brrrrrrk, clatter, WIRRR, WIRRR, WIRRR, WIRRRmm
WRsputtersputter
vroomvroomvroomvroom ... vroomvroomvroomvroom ...
Clunk

The long silence broke when Ash saunted onto the courtyard.  Covered in blood he collapsed.  Deth closed the distance, but sensed movement in the entryway before he could check on Ash.  He pointed M-gun toward the doorway.

Children poured out of the building.  Some crouched over the fallen figure, and laid glowing hands on him.  Ash violently coughed.

"Take it easy Maxy."  said Deth.
Ash pointed at the piles of Stormtroopers, "You really really don't know."
"Perps in ugly armor.  Lousy armor by the way.  So?"
"Star Wars."
"The Imperium's interstellar wars?"
"Jedi. Sith. Freaking lightsabers!"
Deth unclipped a cylindrical object from his belt, "You mean these weird things are weapons not decoration??"  Deth stared into the projector, "Where's the on switch?"

En-mass the Jedi in training propped Ash up.  The oldest turned toward Deth and plucked the lightsaber from his hand, then glided away.   A purple beam vroomed from the projector end, then swiftly disappeared.  Grinning from ear to ear, she carefully handed it back.  Deth shuddered, "Keep it."

"He is clueless."
"I rout an army in the darkness solo handed, and insults are all I get."

Ash stood up weakly and walked toward his shuttle.  The children escorted him.

"Jack I guarantee just for you movie night all this week will have episodes one through nine."
"What happened inside?"

Ash coughed blood, then grinned as he entered the shuttle.

"Director's Cut."

/*

"Can't make the same mistake this time.
We are the children
The last generation
We are the ones they left behind."
Tina Turner - We Don't Need Another Hero
Mad Max Beyond Thunderdome (1985)

/*

Ash (Ashley J. Williams)
Army of Darkness (1992)
Freddy vs. Jason vs. Ash (2007-2008)

             VS          

                                                                                          Anakin Skywalker
                                                                          Star Wars:  Episode III - Revenge of the Sith (2005)

Ash is the property of Sam Raimi ETAL.
Anakin Skywalker is the property of George Lucas ETAL.
Jack Deth is the property of Charles Band ETAL.
Mad Max is the property of George Miller ETAL
Captain DeCarlo is the property of David Stroup ETAL.

/*

Freddy vs. Jason vs. Ash

"Come get some."
Ash, Army of Darkness (1985)

See also "Freddy vs Jason vs Ash" Fan Film by Trent Duncan.

/*

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Twelve Days In July - IT WAS the best of times, it was the worst of times

Twelve Days In July - IT WAS the best of times, it was the worst of times
Friday The Thirteenth July 2012 Edition
EventHorizon1984

The eclectic news of the first part of July was eye opening and sad.

5.  Do you know what is one of PayPal's (owned by eBay INC) largest expenses?

Visa, MasterCard reportedly close to settling retailers' lawsuit
6 July 2012

• "swipe fees, mostly for credit cards, constituted about 38% of PayPal's expenses in 2011"
• "In mid-morning trading, Visa lost 0.91% to $125.86, Mastercard fell 0.24% to $442.97, and eBay retreated 0.83% to $40.59."

4.  Keep telling yourself that "Foundation" ¹ and "Person of Interest" are fiction.  For now.

Sci-fi policing: predicting crime before it occurs
Associated Press - Greg Risling - 1 July 2012

• "Los Angeles police are aiming to beat suspects to the scene of a crime by using computers to predict where trouble might occur."

¹ Psychohistory - Isaac Asimov's Foundation series and short stories are where the predictive science of Psychohistory originates.  Psychohistory being, "combined history, psychology and mathematical statistics to create a (nearly) exact science of the behavior of very large populations of people".
Incidentally Isaac Asimov's short story "Foundation" was published in May 1942.

"Now any dogma, based primarily on faith and emotionalism, is a dangerous weapon to use on others, since it is almost impossible to guarantee that the weapon will never be turned on the user."
Ankor Jael, Foundation (1951), Isaac Asimov

3.  Change your Yahoo! passwords lately?

Yahoo investigating reported mass password breach
Associated Press - 12 July 2012

• "Yahoo Inc. said Thursday it is investigating reports of a security breach that may have exposed nearly half a million users' email addresses and passwords."
• "Technology news websites including CNET, Ars Technica, and Mashable cited hackers calling themselves the D33D Company as claiming responsibility for the attack, adding that data posted to the group's website carried more than 453,000 login credentials"

2.  Higgs Boson Discovered.  Or not.

Higgs boson-like particle discovery claimed at LHC
BBC News - Paul Rincon - 4 July 2012

"Prof Peter Higgs, after whom the particle is named, wiped a tear from his eye as the teams finished their presentations in the Cern auditorium.
"I would like to add my congratulations to everyone involved in this achievement," he added later.
"It's really an incredible thing that it's happened in my lifetime.""

Higgs Boson Imposters?  It's Possible, Say Scientists
PCWorld - James Mulroy - 12 July 2012

• "some scientists have suggested that CERN's experimental results may be the result of impostor particles, albeit Higgs-like impostors."
• "The preprint explains that the particle discovery at CERN could be either a generic Higgs doublet, a Higgs triplet, a mixture of particles including the Higgs and another particle, or of course, the Higgs boson as the Standard Model predicts."

And what is the exact mass of the Higgs Boson?

131.313 GeV?

1.  Ernest Borgnine passes away at age 95.

Ernest Borgnine, Oscar-Winning Actor, Dies at 95
The New York Times - Anita Gates - 8 July 2012

"Ermes Effron Borgnino was born on Jan. 24, 1917, in Hamden, Conn., near New Haven. His father was a railroad brakeman. His mother was said to be the daughter of a count, Paolo Boselli, an adviser to King Victor Emmanuel of Italy.

The boy spent several years of his childhood in Italy, where his mother returned during a long separation from her husband. But they returned to Connecticut, and he graduated from high school there.

He joined the Navy at 18 and served for 10 years. During World War II he was a gunner’s mate. After the war he considered factory jobs, but his mother suggested that he try acting. Her reasoning, he reported, was, “You’ve always liked making a damned fool of yourself.”"

Not enough can be said about the classic and classy actor Ernest Borgnine.

We'll let Mr. Borgnine do it.

On The Road with Ernest Borgnine

Ernest Borgnine Remembers

Ernest Borgnine on working with Tim Conway

• McHale's Navy
• McHale's Navy Sing along

Ernest Borgnine discusses "Airwolf"

• Airwolf

Ernest Borgnine on voicing "Mermaid Man" on SpongeBob SquarePants

• Mermaid Man and Barnacle Boy

Ernest Borgnine Lifetime Achievement Award

/*

"I've been driving a cab here for 30 years and I'm telling you: you don't walk around here at night! Yes, sir! Those Crazies'll kill you and strip you in ten seconds flat!"
Cabbie (Ernest Borgnine), Escape From New York (1981)

/*

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Harry Broderick Of Jettison Salvage Passed Away At Age 86

Harry Broderick Of Jettison Scrap & Salvage Passed Away At Age 86
3 July 2012
EventHorizon1984

 

We're not fond of obituaries.  Especially the passing of Andy Griffith, who portrayed many iconic characters. 

Our first Andy Griffith character memory was Will Stockdale of the movie No Time For Sergeants.  Followed by Onionhead. 

Much later he would make memorable television marks in his career with The Andy Griffith Show and Matlock.

Yet with the death of Andrew Samuel Griffith, and the mention of a few famous characters, we've created a Harry Broderick tiny pseudo-obituary.  If you're asking 'Harry who?', this short piece isn't for you.

"I want to build a spaceship, go to the moon, salvage all the junk that's up there, bring it back and sell it."
Harry Broderick (Andy Griffith), Jettison Scrap & Salvage Company, Salvage (1979)

For the few science fiction fans, of course Harry Broderick was the character portrayed by Andy Griffith in the television movie Salvage and the television series Salvage 1.

Not to be confused with Charles Farmer (Billy Bob Thornton) of the movie The Astronaut Farmer.  Charles Farmer built a rocket (2006), put himself into low Earth orbit and returned safely. 

Harry Broderick built a spaceship (1979), sent two people to the Moon and back.

"He's not really dead. As long as we remember him."
Leonard McCoy, Star Trek II: The Wrath of Khan (1982)

And it is in science fiction that Andy Griffith's legacy lives on. 

On the television show Eureka (2006-2012), Sheriff Jack Carter (Colin Ferguson) was given the nickname "Mayberry".  Initially meant as an insult from Nathan Stark (Ed Quinn), it became less so over time. 

There's the character of Sheriff Andy, now Deputy Andy.  Ostensively "Andy" for "Android", but Sheriff Andy, Sheriff Andy Taylor, but we know better don't we?

Here's to Andy Griffith who gave us decades of fun.

Here's to Harry Broderick (Andy Griffith).  You didn't make it to the Moon, but you took us there. 

And part of you is there now in spirit.

/*

"We are heroes, Ben!"
"But we ain't dead!"  Benjamin B. Whitledge
"Well, that makes it even better don't it?"
Will Stockdale (Andy Griffith), No Time For Sergeants (1958)

/*

See Also Jettison Salvage Was Here.

/*

Update 2013.09.11

We goofed.  Although a newscaster at the beginning of the first episode "Dark Island" describes his location as the "Jettison Salvage yard", and Harry Broderick in the pilot answer's the phone as "Jettison Salvage", that's not the full name of fictional company.  Harry Broderick's company is not the "Jettison Salvage", but "Jettison Scrap & Salvage Company."  Apologies to all fans of the show.

/*

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Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED

Corri McFadden eDrop-Off Chicago LLC California Lawsuit Motion To Dismiss DENIED
16 June 2012
EventHorizon1984

We've been watching the recent action by eDrop-Off to bypass the Federal Communications Decency Act (CDA) with some interest.  If you have an Internet site that allows comments, you should be mildly interested too.

The eDrop-Off news first stated, we think, on EcommerceBytes.com.

eBay Account Rep Defends Reality TV Star Accused of Shill Bidding
Ina Steiner
Thu May 17 2012 22:30:48

Reality TV Star Accused of eBay Shill Bidding Sues Her Accuser
Ina Steiner
May 18, 2012

Judge Grants Restraining Order against eBay Seller's Critic
Ina Steiner
May 18, 2012

Public figure Corri McFadden, the owner of eDrop-Off, filed two lawsuits, California suit 10 May 2012 eDrop-Off Chicago LLC, et al. v. Nancy R Burke, et al. 2:12-cv-04095-GW-FMO, and Illinois suit 11 May 2012 eDrop-Off Chicago LLC et al v. Burke et al 1:12-cv-03632.  Both take action against individuals.  A common legal occurence. 

However both lawsuits also take action against a CDA protected "provider or user of an interactive computer service".  Again CDA, the subject of our interest.

While the CDA does not provide protection against malicious first person defamatory online speech, it does provide this protection for providers:

(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be
treated as the publisher or speaker of any information provided
by another information content provider.

As put by the Electronic Frontier Foundation (EFF):

"Your readers' comments, entries written by guest bloggers, tips sent by email, and information provided to you through an RSS feed would all likely be considered information provided by another content provider. This would mean that you would not be held liable for defamatory statements contained in it."

On 13 May 2012 things got interesting.  There was an "EX PARTE APPLICATION to Dismiss Defendant Midley Inc d/b/a PurseBlog.com filed by Plaintiffs eDrop Off Chicago LLC, Corri McFadden" in California.  In other words "eDrop Off Chicago LLC, Corri McFadden" wanted to drop the California lawsuit.

Good for defendants right? 

On 24 May 2012, "Defendant Midley Inc" opposed the dismissal.

On 25 May 2012, the Electronic Frontier Foundation filed an Amicus Curiae Brief.

Good for defendants??  According to EFF, Wrong.

Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech
Electronic Frontier Foundation
May 29, 2012

• "Corri McFadden, star of the VH1 show "House of Consignment," filed suit against Purseblog.com in a California federal court after a commenter accused McFadden's company, eDrop-Off, of "shill bidding" – making bogus bids to inflate the prices of designer goods the company sells in online auctions. But California has strong legal protections against lawsuits filed to chill participation in publicly significant discussions, and now McFadden is asking the court in California to let her dismiss the lawsuit without any penalty so that she can pursue it in a state with more favorable law. In a friend-of-the-court brief filed Friday, EFF urged the court in California not to let McFadden off the hook."
• ""This is a classic SLAPP suit – strategic litigation against public participation – and McFadden should have to face California's tough anti-SLAPP law, which lets defendants move to strike frivolous lawsuits and recover costs and fees if they win," said EFF Senior Staff Attorney Marcia Hofmann. "The plaintiffs set the stage by choosing to file their suit in California. The court should finish the case there as well, protecting Purseblog.com's speech rights by applying California law.""

On 1 June 2012, Judge George H. Wu ruled, "Amicus Curiae Electronic Frontier Foundation's Application to File Amicus Brief, is DENIED."

Given laws are words subject to interpretation, as are all writings, we did not take the CDA protection as a given in these cases.  Especially after the Amicus Curiae denial.

But while provider protection remains in flux, as of 12 June 2012 it's not dead either.

Below are excerpts, with Court bolding and italics, of U.S. District Judge George H. Wu's 12 June 2012 United States District Court Central District of California Court Order.  The two links are complete PDF copies (fingers crossed) of the Court Order.

United States District Court
Central District of California
Case 2:12-cv-04095-GW-FMO Document 42 Filed 06/12/12

"Attached hereto is the Court's Ruling Re: Ex Parte Application to Dismiss Defendant Midley, Inc. d/b/a Purseblog.com. The ex parte application is DENIED."

United States District Court
Central District of California
Case 2:12-cv-04095-GW-FMO Document 42-1 Filed 06/12/12

"For the reasons expressed in the tentative ruling issued in this case on June 1, 2012, see Docket No. 36 ¹, as supplemented herein, the Court denies the motion to voluntarily dismiss this action."

"2  At best, the Court invited a submission bearing upon whether the parties would stipulate that California’s anti-SLAPP law would be used in the Illinois action, not that the CPA would be an available avenue for Midley. See June 1, 2012, Transcript at 24:8-25:13. Obviously, the Court had its doubts about whether such a stipulation would even be effective.

3  Remarkably, on June 7, two days after they filed their initial improper “Stipulation,” Plaintiffs filed yet another uninvited submission: a “Supplement to Plaintiffs’ Stipulation that Illinois’ Citizen Participation Act Applies to the Allegations of Plaintiffs’ Complaint.” Docket No. 39. That filing seeks to inject into this Court’s consideration a whole new “thread” of comments on Midley’s blog that are not part of the Complaint on file in this action. That new thread has apparently now been injected into the Illinois litigation proceeding between these parties. See Footnote 5, infra . Even if the Court were to consider that thread, it would not change the analysis that follows."

"4  Plaintiffs’ counsel has repeatedly ignored normal practice and procedure in federal court in favor of filing either emergency ex parte proceedings and/or motions or uninvited briefs disguised as one side’s “stipulation.”"

"It is not for this Court (at least not at this stage) to definitively rule on the applicability of the CPA to the allegations pled against Midley. Instead, the Court essentially must predict what it thinks would likely happen in the Illinois case if the Court were to grant voluntary dismissal here and if the anti-SLAPP applied in Illinois to this case would be the CPA, not California’s anti-SLAPP law."

"5  On June 8, 2012, Plaintiffs filed a “Notice of Filing First Amended Complaint in Chicago Action,” Docket No. 41, along with an attachment of (part of) that pleading, see Docket No. 41-1. None of the exhibits referenced in that First Amended Complaint were provided to the Court. However, in their Notice of Filing First Amended Complaint in Chicago Action, Plaintiffs asserted that the new Illinois filing “makes clear that the false and defamatory comments about Plaintiffs, specifically calling for governmental action…are part of, and at issue in, the Chicago action,” particularly calling the Court’s attention to paragraphs 18, 31, 32 and 49 of the First Amended Complaint. What those paragraphs actually make clear – notwithstanding Plaintiffs’ failure to attach to their filing here any of the exhibits to that First Amended Complaint – is that Plaintiffs are referring to some of the same comments Plaintiffs’ counsel emphasized in advance of this Court’s June 1 hearing."

"This raises the question, if an accusation is lodged in the blogosphere, does the U.S. Attorney's Office/Attorney General's Office hear it?"

"Complaining or gossiping amongst a group of people on the Internet does not remotely amount to petitioning the government, in at least this Court’s view. Short of one of the blog’s posters bearing the handle “USAtty” or “FBIguy,” the Court has no confidence that this activity could be reasonably viewed as petitioning the government. If indeed these commenters or posters were actually hoping to initiate or incite a governmental investigation of Plaintiffs, posting on Midley’s blog would be like releasing a captive butterfly in Alaska in the hopes that the beat of its wings would cause a hurricane in the Gulf of Mexico."

"As at least originally pled, Plaintiffs' litigation was not about Plaintiffs' dismay about comments anywhere - let alone on a blog"

"To the extent Plaintiffs complain about the risk of inconsistent judgments and duplicative litigation, they have only themselves (and, perhaps, a fast-acting defendant) to blame. It is up to Plaintiffs to determine how to smooth out the creases in the bed they made.

The Court denies Plaintiffs’ motion for a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2)."

On 13 June 2012 a "STATUS Report by Midley, Inc.", defendant, was filed with the United States District Court Northern District of Illinois.

United States District Court
Northern District of Illinois
Eastern Division
Case 1:12-cv-03632 Document 37 Filed 06/13/12

• "On June 5, 2012, this Court scheduled a telephonic status conference for June 18, 2012 at 9:00 a.m. In advance of that telephonic status conference, Midley, Inc. ("Purseblog") wishes to apprise the Court of a recent order in the California action brought by Plaintiffs against Purseblog."
• "On June 12, 2012, Judge Wu denied Plaintiffs' motion for a voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2)."
• "Following the entry of Judge Wu's order denying Plaintiffs' motion for a voluntary dismisal, Purseblog requested that Plaintiffs dismiss it from the Illinois action. Plaintiffs have so far not done so."

Case To Be Continued Monday 18 June 2012.

/*

"Plato once said that for everything that exists, there is a perfect form of it somewhere. A perfect Human being, a perfect chair, a perfect stick; so that everything is a Shadow of that one perfect form. Now, if we follow that train of thought, that means that somewhere in the universe there exists the perfect form of an absolute and complete idiot. And he left here an hour ago."
CAPT Matthew Gideon, Crusade (1999)

/*

27 June 2012 Adendum

To Certain IP-Address identified Individuals and organizations from Illinois and California,

Interpretation is everything.

You probably located this article using a Google search of 'subject' and "court" or "lawsuit."  Yes we're number one, for now.  Do notice we do not show up on page one when the particulars of your lawsuit, which will not be mentioned, are searched for on Google.  Excluding the Communications Decency Act. 

Those particulars are not the focus of this article.  Our focus is the same as the Electronic Frontier Foundation; the Communications Decency Act.

This and the previous article present available to the public facts and writings.  There is no malicious intent nor actual malice.  Commentary is protected by the 1st Amendment and The New York Times Company v. L. B. Sullivan.

If you feel the need to make a public comment, please do so.

Thank you for your time.

/*

"The first thing we do, let's kill all the lawyers."
Dick the Butcher
William Shakespeare, King Henry VI

http://www.nytimes.com/1990/06/17/nyregion/l-kill-the-lawyers-a-line-misinterpreted-599990.html
"Shakespeare meant it as a compliment to attorneys and judges who instill justice in society."
Debbie Vogel, The New York Times, 17 June 1990

/*

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Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.

Internet Hacking, Legal, and CrazeeNYDriver 4, YouTube Haters 0.
6 June 2012
EventHorizon1984

 

It was a busy two months, and unintentionally we left this online tome fallow.  Now that we're back, the plan was to post backlogged articles.  But a few important items of note came up.

Readers not affected by these three types of situations should consider themselves lucky.

3.  More than 6 million Linkedln passwords stolen, 6 June 2012

Do you have an account on Linkedln?  Change your password.

• "Russian hackers released a giant list of passwords this week, and on Wednesday security researchers identified their likely source: business social networking site LinkedIn. LinkedIn confirmed in a blog post late Wednesday afternoon that some of the stolen passwords correspond to LinkedIn accounts."

Years ago some voiced the opinion that Linkedln was the eBay elephant graveyard.  The joke being that over the years eBay employees gravitated, or "GRAVetated"*, to being Linkedln employees.

* Yes, don't quit our night job.

This incident brings back un-fond memories of Vlad Duiculesco.  Best known as Vlad, during the 2005 to 2007 hackfest of eBay.

2.  Reality TV Star's Lawsuit Flouts Laws Protecting Internet Speech, 29 May 2012

Here lies the theme, 'suing you because I don't like what you say', brought to life.

The above article states:

• "Corri McFadden, star of the VH1 show "House of Consignment," filed suit against Purseblog.com in a California federal court after a commenter accused McFadden's company, eDrop-Off, of "shill bidding"

It is one thing to sue an individual for defamation.  It is another thing to sue a "provider or user of an interactive computer service" for content created by another party.  Specifically comments.

In our opinion, and similar to U.S. Court opinion, the provider has Federal legal protections.

As put by the Electronic Frontier Foundation:

• "Additionally, the federal Communications Decency Act (CDA), as interpreted by the Ninth U.S. Circuit Court of Appeals, contains uniquely strong protections for free speech online, shielding hosts of online forums from liability for the speech of their users."

The California case, EDROP-OFF CHICAGO LLC, et al., v. NANCY R. BURKE, et al. (2:120cv-04095-GW-FMOx) bears watching.  Because if you post anything online, the outcome might cost you dearly.

1. The CrazeeNYDriver Show, 5 June 2012

Speaking of individual defamation.

A YouTube show we enjoy watching is (Joe of) the CrazeeNYDriver show.

CrazeeNYDriver has been making YouTube videos since 30 May 2007.  Some cover New York.  But he is best known for his eBay and PayPal videos.

Joe/CrazeeNYDriver is an eBay seller.  He is informative, to the point (East Cost blunt), and civil.  We highly recommend his show to anyone with an interest in eBay and/or PayPal.

Sadly, due in small part to his YouTube (eBay) videos, Joe because an Internet target.

"Well, this is one time when they just got a little out of hand."
"I went to the New York City Police Department"
"As it happens I went to school with one of the people who is now an Assistant Procecutor in Manhattan."
Joe of the CrazeeNYDriver show

Youtube Haters Unmasked, 5 June 2012

Watch the video.  Thumbs up CrazeeNYDriver.

/*

"Everybody's entitled to an opinion." Montgomery Scott
"That's right, and if I think that Kirk is a Denebian slime devil, well that's my opinion too."  Korax

"You hit the Klingons because they insulted the Enterprise, not because they ..." James Kirk
"Well, sir, this was a matter of pride." Montgomery Scott
Star Trek, The Trouble With Tribbles

"That's all I can stands, I can't stands no more."
Popeye

/*

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The Hype of Mobile Payments

The Hype of Mobile Payments
14 April 2012
EventHorizon1984

 

There is a growing trend of companies playing fast and loose with the "mobile" descriptor.  When these folks talk "mobile" payments, sales, etal., readers/listeners are guided to the assumption that any statistics given are solely for smart phone transactions.  Which is not true.

"There are a lot of people talking about mobile payments these days."
John Donahoe, 2012

"I do not think it means what you think it means."
Inigo Montoya, The Princess Bride (1987)

By example, eBay paid writer Richard Brewer-Hay stated, "eBay Inc. anticipates continued growth in mobile sales and payments in 2012 as shopping on smartphones and tablet devices."  Qualifying "mobile sales and payments" are not only smart phones.

So what is a "mobile" or "mobile payment"?

A standard definition of mobile payment:

"Any payment where a mobile device is used in order to initiate, activate and/or confirm this payment can be considered as a mobile payment.  This definition includes a wide palette of approaches, and points out the fact that mobile payments do not restrict themselves to payments via the mobile phone but virtually any mobile device such as a smartphone, PDA, tablet PC or even merchant-operated mobile terminals."
IEEE Symposium on Trends in Communications (SymptoTIC '04), 24-26 October 2004, Bratislava, Slovikia.

Or if you prefer United States based and short:

"Mobile Payment - Payment initiated from a mobile device."
Mobile Payments in the United States
Mapping Out the Road Ahead
Federal Reserve Bank of Boston, Federal Reserve Bank of Atlanta, BetterBuyDesign, March 25, 2011

Now a few are asking, 'smart phone, mobile, what's the big deal?'

It's a matter of choice to be completely factual, or choosing to be fast and loose with the details.

"we live in a mobile home.  That's a cave that goes places.  Only we never went anyplace." Alex Rogan
"A mobile cave that never went anywhere.  Fascinating."  Grig
The Last Starfighter (1984)

The Merriam-Webster definition of mobile is, "capable of moving or being moved".

By this definition, some companies are loosely telling the truth about "mobile".  While that definition of "mobile" is an excellent means of inflating numbers, it is misleading.

Again by example, selected at random a link to point-of-sale (POS) mobile terminals:

http://www.networksolutions.com/merchant-accounts/retail-pos.jsp

These are POS devices that use cell phones for connectivity.  As written for one device, "mobile payment processing through your 3G/3GS/4G iPhone".

Note they state "mobile payment processing", i.e. mobile payment.

By one standard definition, these are "merchant-operated mobile terminals".

Let's suppose you're small warehouse seller Acme Widgets.   With these mobile devices, in 2011 you processed $1 million in credit card transactions.  Acme Widgets could state factually, mobile payments in 2011 reached $1 million.  Or state they processed $1 million in transactions through smart phones.  Even though they processed zero customer initiated smart phone payments.

Anyone with similar portable, read mobile, POS systems can make the same claims.  It's truthful, but nevertheless inflating the mobile payments numbers.

By the way, next time you're shopping at a brick-and-mortar, check out the wireless POS devices.  Wireless systems are considered Merriam-Webster mobile.  Like your wireless mobile laser printer.

You might ask, 'why bother massaging numbers, mobile payments are huge.'

"eBay's global mobile GMV reached $5 billion in 2011"
Richard Brewer-Hay, 11 January 2012

$6.0 trillion - 2011 total volume of transactions
Visa Inc

While we believe in the future mobile payments will be huge, as a percentage of eCommerce and Commerce today, they are rather small.

The figures for eCommerce as a percentage of total Commerce:

• "E-commerce sales in the fourth quarter of 2011 accounted for 5.5 percent of total sales."

This percentage tracks rather well with numbers from a handful of brick-and-mortar stores:

• "Online share of sales at big brick-and-mortal retailers
• 8.7% Sears
• 7.2% Macy's
• 2% Target
• 2% Walmart"

In the case of Walmart, "2011 online sales amounted to less than 2 percent of its $264 billion in U.S. revenue".

Let's shrink the pie further.

The figures for United States mobile payment/m-commerce:

• In the US, m-commerce revenues are expected to hit $6 billion by the end of 2011, growing to $31 billion by 2016, according to Forrester Research (June 2011).
• But m-commerce will only be 2 percent of e-commerce in 2011 and 7 percent of e-commerce in 2016.
• The average annual spend on mobile purchases was US$300.

Worldwide the numbers are:

• $86.1 billion in 2011

Yes that would be United States eCommerce is 5.5% of Commerce.  With m-commerce being 2% of that 5.5%.

What should you take away from this article?  The next time you see someone waving a smart phone and saying $Blahblah "mobile", look for the specific dollar amount breakdowns attributed to smart phones and other devices by region.

Bet you won't see any.

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"In 2011, PayPal's net total payment volume, or TPV, for transactions using mobile devices reached $4 billion"
eBay INC Form 10-K, 31 January 2012

http://www.frbatlanta.org/documents/rprf/rprf_pubs/110325_wp.pdf
"U.S. financial institutions have not offered mobile financial payments because of a perceived lack of a good business case, although the growth of mobile banking implementations and recent mobile payment trials signal this may be changing."
Federal Reserve Bank of Boston, Federal Reserve Bank of Atlanta, 25 March 2011

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eBay INC 2012 4th Quarter Earnings Call Numbers Of Interest To Small Business Sellers

eBay INC 2012 4th Quarter Earnings Call Numbers Of Interest To Small Business Sellers
18 January 2012
EventHorizon1984

 

eBay INC CEO John J. Donahoe said during the Fourth Quarter Earnings Call, "“We had a strong fourth quarter finish to an excellent year, increasing our confidence in our three-year outlook."  Meanwhile Deutsche Bank analyst Jeetil Patel said, "sell."  Fodder for thought if you live and die by eBay INC stock fluctuations.  Whereas small businesses on eBay are more concerned with, 'How did the Marketplaces section of eBay.com do?'.

Well.                                  

Numbers from eBay's 01/17/2012 SEC 8-K filing show a healthy net total Marketplaces quarter to quarter revenue growth of 7%.  Up from the previous quarter growth of "0%".  It is also a slight improvement over the fourth quarter 2010 growth of 6%.

Edgar Online - eBay Inc - 8-K - 01/18/2012

Marketplace revenues are principally generated through fees paid by users of eBay.com.  The payees being the business who use eBay.com to sell products.

How many products were there during the fourth quarter?.

According to Medved.net eBay started the fouth quarter with approximately 154 million listings per day. 

Auction chart from Medved.net.

Auction chart from Medved.net.

The count peaked at 177 million.  The fourth quarter ended with approximately 162 million products.

If you were selling on eBay.com, were you using PayPal?

Edgar Online - eBay Inc - 8-K - 01/18/2012

The number of PayPal payments made increased a robust "19%", compared to the previous quarter's increase of "6%."  It is also a tiny improvement over the fourth quarter 2010 growth of 18%.

PayPal payment volume was up "14%", compared to third quarter's anemic "2%" increase.  However it is well below the fourth quarter growth of 20%.

According to eBay INC, the "Take rate" declined for the first time in 2011.  The fourth quarter "Take rate", that is the percentage of a PayPal transaction that Ebay INC keeps, stands at "3.71%."  Down from the previous quarter amount of "3.78%"

What about eBay INC's Bill Me Later payment method? 

eBay INC reports Bill Me Later losses increased and decreased and.  The Net charge-off rate, losses, increased slightly to "4.4" from the second quarter's "4.3%."  However the 90-day delinquency rate decreased to "2.4%", compared to the previous quarter's "2.6%."

Once again eBay's payment transaction losses remaining more or less stable.  It still remains to be seen why eBay INC continues to increase the amount of funds held from eBay's customers.  Going from 2010 fourth quarter's $2,550,731,000 to this quarter's $3,967,550,000.  Nearly four billion being held, versus the previous quarter's $3,295,115,000.

What about the merchandise selection on eBay.com? 

Edgar Online - eBay Inc - 8-K - 01/18/2012

eBay INC states Gross Merchandising Volume (GMV) represents the "Total value of all successfully closed items between users on eBay Marketplaces trading platforms during the quarrter, regardless of whether the buyer and seller actually consummated the transaction."

Four quarter being essentially the Christmas shopping season, GMV quarter to quarter growth increased a healthy "12%". A definite improvement from the the rest of the year's growth numbers of "0%", "1%", and "-4%".  But that "12%" is poor in comparison to the fourth quarter 2010 growth of "19%".

Remember last quarter John Donahoe touted a GMV increase of 16%?  Christmas shopping season is the biggest boost to commerce's bottom line.  Fourth quarter should have buried that "16%".  However fourth quarter pulled in a year to year increase of only "10%."  A significant decrease compared to the previous quarter's "16%" and "17%".

The GMV for vehicles was a dismal decrease of "-13%" quarter to quarter.  A significant fall from the "-4%" decrease of the second quarter.  Year to year Vehicle GMV growth was a decrease of "-3%".  eBay INC's vehicle market is dying.  Why eBay INC allows this degradation to continue is unknown.

"E-Commerce up > 23%!!"

John Donahoe became eBay INC CEO in March 2008, and will finish his fourth year of CEO stewardship in March 2012.  What is the stock trader's view?

At the start of John Donahoe's tenure, eBay INC's stock price was 29.84 (31 March 2008).  At the end of the trading day, eBay INC closed at 30.34. 

Trading today was frantic.  Total shares traded stood at 31,514,297, versus the average daily transaction volume of 10,863,900 shares.  Dropping eBay INC's stock price from 30.53 to 30.34.  The after hours price, that is transactions made after the Earnings Call, stands at 31.05.

eBay INC's official investor page, in the matter of eBay INC stock dividends declares:

Which means the average individual investor must 'buy low' and 'sell high' to materially profit from eBay INC stock.  Such an investor who bought on 31 March 2008 and sold today would have made fifty cents per share ($30.34 - $29.84).

Less transaction fees of course.

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" eBay Motors Parts and Accessories - This category saw very strong growth in December, coming in at a record-setting 57.6% y/y growth for ChannelAdvisor customers in the category."

Scot Wingo, CEO ChannelAdvisor

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EcommerceBytes To Censor Reader Comments

EcommerceByes To Censor Reader Comments ... NOT REALLY
31 December 2011
EventHorizon1984

Based solely on the teaser title of this piece, you may have felt the need to post a comment. 

Immediately. 

Keep that feeling in mind should you read the rest of this article.

David Steiner said in the EcommerceBytes article "Should EcommerceBytes Blogs Be Verified Only?" about future comments:

• "We still left open the option to post without becoming verified, but we're strongly considering making it mandatory to be AB-Verified to use our services."

Spam is the primary reason EcommerceBytes (formerly AuctionBytes) is considering the move toward requiring posters to verify themselves.

As Mr. Steiner put it:

• "I am the person who has to clean out the 200 or so spam comments left overnight, anything that puts another obstacle in the way of a spammer is, in my estimation, a good thing."

He closed with, "We are interested in your perspective".

Our collective answer is No.

The Spam Solution

While we empathize with the Spam problem, one of our associates deals with about 50 spam and link emails daily, Spam is not justification for potentially throttling down reader comments.

As an extreme example of a login blog, view the comments on ChannelAdvisor CEO Scot Wingo's eBay Strategies Blog article "Holiday 2011 Late December Update - E-Commerce up >23%!!".  The December 22nd article has zero comments.  A similar article on EcommerceBytes would have more than zero comments.

With the computer industry contacts that EcommerceBytes has available, Spam control should never be an issue.  Or an excuse.

The Improved Discussion Solution

Mr. Steiner stated:

• "I have also empirically observed that since we implemented AB-Verify, the level of discussion has improved. Users with a single ID tied to all of their comments often take a much more thoughtful approach to a discussion"

With respect, most here haven't seen much of a "much more thoughtful approach".  There are definitely less posts on average per article.  Giving the appearance of a more civil conversation.

The Merriam-Webster definition of empirical:

• "originating in or based on observation or experience"

The flip side of an empirical observation (emphasis mine):

• "relying on experience or observation alone often without due regard for system and theory"
• "capable of being verified or disproved by observation or experiment"

A user verification system does Not guarantee "a more thoughful approach to a discussion" elsewhere on the Internet.  One can find verified EcommerceBytes users, posting regularly on the Yahoo! eBay Message Board.  The level of thoughful commentary there is sparse.

There are other sordid examples of user verified comment sites, with odious posts from (as I understand it) people with verified EcommerceBytes accounts.

Quality posts depend on the quality of site moderation, not user verfication. 

David and Ina Steiner provide excellent site moderation.  User verification has nothing to do with the post quality.

The Problem With Verification

"I think people forget that business is war and the most competitive medium right now is social media", Richard Hillgrove

What does being EcommerceBytes verified mean?

David Steiner said:

• "If you aren't familiar with what is required to become AB-Verified, we're asking for one thing: a valid email address."

Verification means that account has an email address.  Everything else need not necessarily be factual.

You might ask, 'what about the IP address?', 'can't people be tracked through their IP address?'. 

Don't count on that IP being useful, or an indicator that a real person is attached to it.  As Mr. Steiner observed:

• "There are almost as many email services out there as there are proxy servers."

A "proxy server is a computer that offers a computer network service to allow clients to make indirect network connections to other network services." 

In other words, "they also hide the user's own IP address from the web sites they access through the proxy, they are sometimes also used to gain a degree of anonymity."

Any one, or any organization, can be anonymous.  An anonymous IP is helpful to individuals protective of their privacy.  But anonymity is critical to some businesses.

The BBC article "Fake forum comments are 'eroding' trust in the web" contained this blunt but understated passage:

• "Some firms have created tens of thousands of fake accounts to flood chat forums and skew debate."

The article "How big firms bash their rivals, in public and private" had this unkind passage:

• ""Sock puppetry" is what ensues when company stooges post multiple entries under assumed names, posing as members of the public, in order to boost the apparent popularity of a product."

It's a given that sock puppets will register.  They don't get paid if they don't post.  But does verification process keep out the "company stooges"?  Who by "eroding trust" are a detriment to EcommerceBytes.  Only Heaven and the Steiner's know.

However it is not a given that readership will register.  If "it is invaluable to have a readership that is "plugged-in" (David Steiner), perhaps it is worth considering that most EcommerceBytes posters don't bother with login's.

Epilogue

At the beginning of this article, we asked you to remember how you felt about commenting.

You can do that here by writing below, and sending it.  Period.

EcommenceBytes wants to implement a system where you:

1. Register with EcommerceBytes.
2. Wait for the approval email.
3. Login whenever you wish to make a comment.
4. Write the comment and send it.

If you're a regular poster, or sock puppet, registration is not a major pain.  

But if you are 'just passing through', or the occasional reader, or spur of the moment type poster, that is new fresh readership, will you be waiting around a day or two to say something?  Probably not.

Having watched and/or been a part of user verified sites since ARPANET and CompuServe, one social dynamic hasn't changed.  Eventually two major posting groups form.  Those who are passionate about a topic, and those paid to write comments.

Passion fades, but mercenaries are forever.

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"No one here is exactly what he appears."
G'Kar, Babylon 5

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References of interest:

• Fake forum comments are 'eroding' trust in the web, 24 November 2011
• How big firms bash their rivals, in public and private, 13 May 2011
• Will fake business blogs crash and burn?, 22 May 2008

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Star Wars: The Old Republic Beta Test Observations

Star Wars: The Old Republic Beta Test Observations
29 November 2011
EventHorizon1984

It was a warm November 21st. An evening made memorable by the arrival of an email that started with the following sentence.

You are invited to test Star Wars: The Old Republic!

It was not a phishing email.

Before going further:

• Star Wars: The Old Republic^TM is the property of LucasArts and LucasFilm and Electronic Arts (EA) and BioWare (a division of EA). 
• Limited use of their material is covered under the Fair Use Doctrine.
• Beta testers are bound by an amended Game Testing Agreement.
• The November 25 2011 amendment to the non disclosure agreement reads:

You may well ask what is Star Wars: The Old Republic?  According to EA, BioWare, and LucasArts:

• "Set thousands of years before the rise of Darth Vader, Star Wars: The Old Republic is a massively multiplayer online game challenging players with epic quests, featuring dynamic combat across iconic worlds in the Star Wars™ galaxy such as Tatooine, Alderaan, Hoth and more. Each of the game’s eight primary classes will enjoy their own unique trilogy of storylines, all of which are fully voiced with a sweeping musical score."

We believe the game will be a hit, and reach an initial half-million subscribers.  With one million subscribers by the end of the first year.

Of course we could be wrong, and the dim sour grapes view from a major competitor could be correct.

• Activision CEO Thinks Star Wars: The Old Republic Will Fail

Of course the Activision CEO Bobby Kotick may have other motives for his comments.

• Blizzard's flagship game World of Warcraft loses 800K subscribers in Q3

About that beta test...

The beta test began November 25th, and sadly ended the evening of the 28th.  I liked it.

Obligatory game play screen shot.

While now allowed to comment in detail on the game, I won't (mostly).  The game has a very cinematic feel and the details would be one giant Spoiler Alert, because each character you play is story driven.

• "... it's a surprise.  Hey, are you the kind of kid who reads the last page of a mystery first?  Who pesters the magician to tell you his tricks?  Who sneaks downstairs to peek at his Christmas presents?  Noooo, of course you're not.  That's why I'm not gonna tell you!"

Do you really want to know who's your Daddy?

Besides other gaming experts will describe in excrutiating details ALL the spoilers, and ruin the experience.

Having said that ...

This is a Windows only game. 

The beta software was a download of approximately 19GB.  Buying a box set will save you from the hours it will take to download a fresh complete digital copy.  Abet you will need to download any recent updates.  However digital pre-order owners may get access to the game up to five days in advance.  

'Getting into the game required very little instruction.  Gameplay was as they say, intuitive.  The character controls were smooth and responsive*, with no appreciable lag.  However this may change when the first hundred thousand players sign in.  blah, blah.

There is "shooter" action aplenty to keep a gamer occupied.  You may enjoy sending that first hand launched missile at an opponent, and see the body (bodies) fly.  Or 'feel' the impact of your light sabre in a fight.  Or chuckle at the sound and graphics of a "Dirty Kick" attack; "oooh that's gotta hurt".  Or find your companion outplaying you, as she goes all out Xena Warrior Princess medieval on an opponent.  No graphic game violence though.

When you're in a large area with a few dozen other players battling it out, don't get killed watching.

You will find movie references.

"That's 'cause droids don't pull people's arms out of their sockets when they lose." Han Solo

SPOILER ALERT

But what was most disturbing, was uncovering why the Republic fell.

A Marker on Coruscant.  The bane of Isaac Clarke's life.  

Ok, not really a spoiler or Marker.

Star Wars: The Old Republic is scheduled for release in North America on 20 December 2011, and Europe on 22 December 2011.

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"Well, you may have thought it was a game, but it was also a test.  Aha, a test!  Sent out across the galaxy to find those with the potential to be Starfighters.  And here you are, my boy!  Here you are! "
Centauri (Robert Preston), The Last Starfighter (1984)

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Disclosure - Multiple copies of Star Wars: The Old Republic have been pre-ordered.  Some here are Electronic Arts, BioWare, Amazon, Origin, GameStop, and Blizzard customers.

* Game was tested on two different systems:

1. i7-2600K processor, 16GB memory, dual HD 6950 CrossFire
2. i7-2600K processor, 16GB memory, dual HD 6850 CrossFire

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