Random Thoughts – Randocity!

COVID-19: Fact vs Fiction

Posted in botch, business by commorancy on February 24, 2021

Detective work is an art, not a science. However, Dr. Sanjay Gupta attempts to be all things to all people, yet fails at being a journalist or a detective. He definitely shouldn’t quit his medical day job, that’s for sure. Let’s explore.

Fact vs Fiction

Sanjay Gupta hosts a CNN podcast that purports to separate fact from fiction when it comes to matters all things medical. However, in his CNN podcast on February 24th, 2021, this podcast does everything except separate fact from fiction.

On this episode, Sanjay Gupta speaks to random person Peter Daszak, a rando with a British accent (which Sanjay seems think lends his words some credibility) who purports to be some level of official on a mission for the World Health Organization. We’ll circle back around to Peter Daszak’s involvement in this shortly. This person claims to have visited Wuhan and then spouts all sorts of rhetoric as to the origins of COVID-19. As this podcast progresses, this guest digs an ever deeper and deeper hole about the wet market origins with Sanjay capping it with question similar to, “Does this rule out COVID-19 having begun in a lab” (paraphrased).

I’m getting ahead of myself a little. Daszak makes a bunch of statements about the wet market as having been the possible origin, but then always qualifying his statements as “coulda”, “woulda” and “shoulda”. For example, he claims that the markets had a lot of frozen meat. I’m sure it did. Yet, none of that meat tested positive. In fact, in every case where he mentions a type of meat, none of it tested positive for COVID-19. Then he later mentions other additional wet markets where some people might have visited as a possible origin. Yet, no mention of testing or of any positive outcomes from those wet markets. Deflection at its finest. Let’s continue, shall we?

“See only what you want to see”

This is where fiction trumps fact. In fact, it seems as this podcast progresses, Sanjay and Daszak both heavily wish to see the wet market as the origin, yet even having over 900 samples from the original Wuhan wet market with none testing positive for COVID-19, that logically and clearly says that the wet market wasn’t the origin. If you want to believe science here, the science of zero COVID-19 samples in any of the food tells us that the wet market was definitively not the origin… at least, not by food.

Because people tend to congregate in markets en-masse to buy their groceries, it may have been an origin only because of a human-to-human transmission super-spreader event.

Of course, both Sanjay and Daszak espouse “follow the science”, yet there is no science at all involved in direct detective work. Science may be utilized as a tool in detective work, but using science as a detective tool has failed to uncover the wet market as a food origin. If any wet market in China had been an origin for COVID-19, at least some food samples should show positive somewhere. Yet, they don’t.

Sanjay and Daszak seem to be in this podcast to sway minds through disinformation, not actual information. Actual information shows proof. Daszak clearly has none, but then there’s subtext for his motives (more on that below). That lack of proof means that this podcast is attempting to spread disinformation by pointing fingers towards the wet market and away from the Wuhan Institute of Virology.

China’s Agenda

China wants to be let off of the hook for the spread of COVID-19. They want this so badly that they’re willing to do or say anything to make that a reality. China doesn’t care about lying or disinformation. In fact, they’re more than happy and willing to see credible “western” medical scientists put their reputations on the line to tow China’s “we’re innocent” line. China is not innocent in the spread of COVID-19, but then neither are other countries.

It’s unmistakable. COVID-19 began in Wuhan, China. It didn’t begin in Singapore or Italy or South America or anywhere else in the world. It began in Wuhan, China. It’s also clear that we have no proof that it began in wet market food… which means that it likely began via human-to-human transmission… which means there is a patient zero.

Patient Zero

Where is patient zero? As a professional medical scientist, THIS is the question Dr. Gupta should be asking. Instead, he’s asking questions about the wet market in an attempt to pin this firmly on animal to human transmission via food. Yet, when all of the samples from that wet market are scientifically tested, nothing confirms that the virus began at the market… or at least it didn’t begin via consumption of a tainted animal purchased at the market. If COVID-19 began in a wet market, it began because of a human super-spreader event.

We already know exactly how transmissible this virus is. We also know that it can live on surfaces, sometimes for days. This means that COVID-19 could easily have begun by patient zero visiting a wet market… which is a common practice for buying food in China.

Again, where is patient zero? We already know the Wuhan Institute of Virology had both been studying and housing animals infected with a variant of SARS-CoV-2 (aka COVID-19). The lab workers had been tending to the animals, including cleanup of their feces and urine. There is some question as to whether the WIV’s safety procedures had been properly followed prior to the release of COVID-19 in early December 2019.

On the one hand, you have a wet market of animals, none of which have tested positive for COVID-19. On the other, you have the Wuhan Institute of Virology which houses animals known to test positive for COVID-19. I’ll let you do the math here.

While Sanjay and Daszak are adamant that it “must” have started in the wet market, Ocham’s Razor disagrees. The simplest answer is that COVID-19 got out of the lab. Let’s understand how.

Lab Release?

Around the time that COVID-19 (or at least an unknown illness) began to show in China in early December, a lab assistant went missing from the Wuhan Institute of Virology. Her name was Huang Yanling. The lab director, Shi Zhengli, has continually disavowed that the virus escaped from her lab. Yet, this missing lab assistant has never been accounted for. It has been assumed that Ms. Yanling was actually patient zero. Through that supposition, she may have been the person who first became infected, spread it around Wuhan in a super-spreader event and then may have died from it… with her body having been burned.

Ocham’s Razor asks, “Why?” Because she (along with others in the lab) worked at the Wuhan Institute of Virology tending to the infected animals. But then, she vanishes without a trace? Is she alive or dead? No one seems to know and Shi Zhengli shrugs this disappearance off as normal.

When you’re dealing with an outbreak like COVID-19, you can’t discount missing lab assistants from the equation. Yet, Dr. Sanjay Gupta and Dr. Anthony Fauci seem to ignore this logic and conclusion jump right over to the diversion of the wet market… which, again, has effectively been proven not to have been the cause of the outbreak.

Again, on the one hand, we have no proof that any wet market animal has tested positive (science). On the other hand, we have a missing lab assistant from the Wuhan Institute of Virology with no explanation of their whereabouts (detective work). Sure, it seems circumstantial, but no one has done an official investigation. Not the WHO, not the CDC, not China and not the United States.

Like a magician who wants your eyes staring at his right hand while his left does the switcharoo so you don’t see how the trick is done, the WHO, China, the U.S. and the worldwide medical community want you looking at the wet market while a young lab assistant, Huang Yanling, disappears from a lab housing COVID-19 infected bats. Yeah, if that’s not misdirection at its finest, I don’t know what is.

Bats and COVID-19

It’s widely agreed that COVID-19 began in bats. Which animals were housed at the Wuhan Institute of Virology? SARS-CoV-2 infected bats, of course. Captive animals don’t just clean up their feces and urine on their own. People must clean it for them. To do this, lab assistants must wear the proper hazard protection gear to avoid accidental exposure while cleaning up the animal waste. Without proper protections, transmission from animal to human can become a reality. Did the WIV fail to properly set up hazard protection? Did this lab assistant fail to wear said protective gear at all times? This lab had already been warned of improper safety procedures years before the incident.

Two State Department cables show that American embassy officials in Beijing made several visits to the research facility and sent two official warnings back to Washington in early 2018 about the lab’s inadequate safety measures. This was at a time when researchers were conducting risky studies on coronaviruses from bats, The Washington Post reported, citing intelligence sources.

https://www.voanews.com/covid-19-pandemic/chinese-lab-checkered-safety-record-draws-scrutiny-over-covid-19

Let me put it this way… which is more likely?

  1. Someone ate an infected bat from a wet market? or..
  2. A lab assistant not following established procedures released COVID-19 from the lab via themselves?

Considering that this lab had been warned of improper safety procedures in the past, I’ll let you do the math. It’s not hard math either. Again:

  1. Are we looking at infection from a wet market, which hasn’t found a food sample with COVID-19?
  2. Are we looking at infection from a lab with known unsatisfactory safety procedures and a missing lab assistant?

Occam’s Razor is fairly clear here. So is K.I.S.S. (keep it simple stupid). Logic dictates that it’s #2 as the source, not #1. Regardless of what people have stated, it’s fairly clear that the Wuhan Institute of Virology is the most likely candidate. The question, why aren’t more news outlets, the government and other officials like Dr. Fauci and Sanjay Gupta looking in this direction?

Conflict of Interest

Most doctors look up to Dr. Fauci as their guide for all things COVID-19. Unfortunately, Dr. Fauci isn’t as innocent in all of this as he appears. Dr. Fauci headed up the NIH at a time when that organization helped fund the Wuhan Institute of Virology to the tune of over $700,000, perhaps more. This funding was for Gain of Function research.

It gets worse.

“Oh, what a tangled web we weave.”

Who exactly is Peter Daszak? I’m happy you asked that. He runs EcoHealth Alliance, a British non-profit that, in 2018, identified the possibility of SARS-CoV-2 variants, over a year before the pandemic. Why were they able to do this? Because this British non-profit funded research through the Wuhan Institute of Virology. Where did EcoHealth Alliance get its money? From the United States government, of course. Remember that over $700,000 above? Yeah, that’s where some or all of it went.

That money was funneled from the United States NIH to EcoHealth Alliance and then apparently that money landed at the Wuhan Institute of Virology for virus research. It’s not like EcoHealth Alliance is a direct research firm. Nevermind that the Obama administration had banned the use of funds to further Gain of Function research related to viruses in 2014 to prevent this situation from unfolding. Unfortunately, that ban was lifted in 2017 by the NIH (headed by Fauci), leading to further research and perhaps directly to this pandemic. Without that money funneling through outfits like EcoHealth Alliance to such subcontractors as the Wuhan Institute of Virology, the world might not be in this situation.

It takes money to operate expensive research facilities. Without that money, no facilities. Of course, the U.S. Government doesn’t want to get involved in such risky research directly or have that research on U.S. soil, which could backfire on the United States. Instead, it’s fine to funnel money through intermediates so that the United States can absolve itself of involvement through plausible deniability… even though it’s as plainly obvious as it is here. The U.S. indirectly funded research that lead directly to the COVID-19 outbreak.

Is China still at fault? Most certainly. That facility is located in China. China operates it. It is completely on China to operate such facilities responsibly and safely. However, the United States NIH cannot disavow involvement when a very large sum of money landed at that lab, helping them fund SARS-CoV-2 research and possibly leading to the virus’s release. It’s particularly worrying when considering that this research lab indirectly received funding from the NIH, headed up by Dr. Fauci at the time. Dr. Fauci had to know where that money could or would end up. Even still, the NIH could have asked how that money was to be spent by its recipients.

Plausible Deniability and Gupta’s Podcast

I have no idea how culpable or complicit Sanjay Gupta may be in this situation, but it is entirely irresponsible to host a person like Daszak by allowing them to push the wet market disinformation as the source when there has been no actual science proving the wet market’s direct food involvement.

Instead, Daszak’s culpability and possible complicity is evident by his non-profit’s funneling of money into the Wuhan Institute of Virology, which firmly places him, EcoHealth Alliance and its reputation at risk. No. He can’t risk that. So, going on a show like Dr. Sanjay Gupta lends credibility to his assertions that the wet market was the location where it began, never mind that science shows there’s no food evidence. However, a super-spreader event is definitely not out of the question. But then, the question arises, who was patient zero and where began their super-spreader event? I think we already have the answer to that question above.

For this reason, it’s important to read articles and understand the situation for yourself. Don’t take statements from people even who appear well intentioned at face value. You must dig deeper for answers to your questions.

We definitely haven’t gotten the whole answer from China or from the United States. Instead, the media, medical professionals like Dr. Sanjay Gupta and Dr. Anthony Fauci have danced around the issue. With this article, it’s clear to see why they are doing so. To put forth any other narrative about where and how the virus began puts their own careers in jeopardy.

Unfortunately, mainstream media would never pick up such an article like this because it damns not only such people like Dr. Fauci, it damns their own journalistic credibility because the United States government won’t play nice with them after such an article, citing them as “wild conspiracy theorists”.

Being labeled a “conspiracy theorist” is much the same as being accused of sexual misconduct these days. It’s enough to get you fired and labeled as a “nut job”. When, in fact, there’s nothing at all nutty about the statements. In fact, it’s just the opposite. However, even if Dr. Fauci is a “nut job”, he’ll never be openly called that because of his position within the United States government.

For this reason, it’s why we are now facing a political rift across party lines. It’s why Republicans can storm Capitol Hill and most will likely be let off for “good behavior”. Can’t have “well meaning” Republicans being held to justice for damaging property and killing people. Since when is a playing a party affiliation card now a “get out of jail free” card? It seems this, along with the above, is the state of affairs these days.

Dr. Sanjay Gupta needs to rename his podcast. It’s not about Fact or Fiction, it’s about perpetuating disinformation and lies. With Trump, we’ve already had enough lies to last a lifetime. We don’t need yet more lies being spouted from supposed medical professionals. This is why you must question everything.

Update for June 2, 2021

As of June 1, 2021, many of Dr. Fauci’s early pandemic emails from 2020 have been released based on a Freedom of Information Act (FOIA) request. From these emails, there’s much to read. Too much to really discuss here. With the release of these emails, suffice it to say that Fauci’s world is beginning to unravel. FOIA is one of those bane freedoms that people who work in the government would like to see abolished. Thankfully it exists and eventually allows unclassified government documents to be released to the public. I’d suggest reading the emails for yourself. However, as of this update, I’m at a loss to find a site that archives only the text of these emails. For now, you’ll need to visit news sites.

Searching Google for only the emails leads to what I deem ‘spearch‘, a combination of the two words spam and search. It’s when a site like Google chooses to bring garbage listings to the top of the search results rather than the search results you’re actually wanting. Google’s search panel’s AI understands exactly what you want, but instead, it intentionally usurps those results by planting garbage results, which attempts to direct you to those garbage sites with useless information for the sake of more ad revenue.

If I can find a site that simply allows reading only the email test without all of the unnecessary and extraneous garbage content, I will update this article.

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Should the Senate conclude Trump’s Impeachment Trial?

Posted in business, government by commorancy on January 21, 2021

Now that Donald Trump has left office, some Trump fans believe the completion of the impeachment process is now “unconstitutional” and “null and void”, since Trump is no longer President. Let’s explore if this is true.

In or Out of Office?

Let’s understand the laws of our land to understand better the constitutionality of the impeachment process. While the constitution is mostly clear on impeachment, it’s not 100% clear on when and how impeachment may occur under ALL possible circumstances and conditions. This is why interpretation must occur in these special cases. However, interpretation doesn’t mean pulling conclusions out of the air. Instead, it means looking for existing precedents of law in which to guide that interpretation to logical and legal conclusion.

Constitution Excerpts

Let’s look to the United States Constitution (link to a PDF version) to read its language regarding impeachment:

Note that any italics, bold, highlights or <sic> have been added by this author for clarification purposes.

The House of Representatives shall chuse <sic> their Speaker and other Officers; and shall have the sole Power of Impeachment.

U. S. Constitutution => Article I => Section 2

The above section defines which arm of the government handles Impeachment… The House of Representatives. So let’s learn about the Senate’s role in the impeachment process.

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

U.S. Constitution => Article I => Section 3

The above section defines the Senate, its powers and how the Senate handles cases of Impeachment. Clearly, the Senate is defined to ‘try‘ (or perform a Trial) for all Impeachments. It also explains how the affected Party will be handled by law upon conviction. This section also defines the requirement of a two-thirds agreement in the Senate for the Senate to convict an Impeachment. Less than two thirds agreement and the trial concludes in acquittal. The two-thirds is strictly for agreement on removal of the President. A simple majority is required to agree on whether the person can hold office again. Both votes are separate. This does mean, then, that it is possible to acquit for removal, but convict for preventing the person from ever holding office again.

To recap so far, the House of Representatives is given the power of Impeachment solely. The Senate is given the power to preside over the Trial of that Impeachment solely. To clarify further, the House performs the impeachment and the Senate performs the Impeachment trial AFTER the House adopts the Articles of Impeachment and hands those approved articles to the Senate. The Senate puts forth and votes on the remedies should conviction occur.

These excerpts above describe the overview of Congress’s responsibilities and role for impeachment, but not the exacting details of how the process operates. We’ll dive into the details shortly below.

Just below, these excerpts describe Presidential responsibilities, powers and, yes, impeachment.

The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

United States Constitution => Article II => Section 2

The above section and article is intended to describe the President’s extent of powers… “except in cases of impeachment“. This means that the President’s powers do have constitutional limits “, specifically in cases of impeachment.

Because this is both the United States Constitution and a legal body of law combined, it must be interpreted not only by constitutional standards, it must also be interpreted by legal standards. Unfortunately, the above isn’t the only mention of the term impeachment within the United States Constitution. Thus, we must press on to better understand how all of the sections together both combine and define what impeachment is, but also the extent to which it functions. With that in mind, I’ll come back to describe more about the constitutional language after all articles and sections have been quoted both above and below.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

U.S. Constitution => Article II => Section 4

This section describes to whom impeachment applies and under which specific circumstances.

The Trial of all Crimes, except in Cases of Impeachment; shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed

U.S. Constitution => Article III => Section 2

The above section describes to which Trials a jury applies and where those Trials should be conducted. Clearly, impeachment is excluded from trial by jury and also excludes holding it in a state venue, choosing to hold Impeachment Trials in the Senate chambers. Note that this language incidentally also defines powers of the Judicial branch of government by describing the Executive and Legislative branches. Because all three sections of government are so interlinked in each other’s processes, it would be impossible not to describe portions of the Judicial branch when discussing the powers and responsibilities of those in the Executive and Legislative branches, which is why this Judicial language is included in these sections.

This clear intent here is that the framers did not hold any branch of government above the laws of the land, but instead chose to institute a separate trial process when the President has willfully broken laws. One can argue the ultimate intent of the framer’s wishes here as “special treatment”, but the constitution is specific on these matters.

Before I continue quoting sections from the Constitution, let me stop here and discuss this “special treatment”. The framers clearly missed here. I understand that they felt that the best Trial by the President’s peers was via Congress, but “special treatment” does, in fact, tend to hold the President above the laws of the land. Where an ordinary citizen is granted no such special treatment, the President is given this “special treatment” after having broken laws of the land. Not only can’t the President be held to the laws of the land, the only power with which to uphold the laws of the land on the President is solely through the House’s Impeachment and Senate’s Impeachment Trial powers. Barring these specific actions and remedies, the President’s actions cannot be held to the general laws of the land, thus the President is essentially given prosecutorial immunity while he holds office, “except in cases of impeachment“. Impeachment is, then, the only legal action and remedies afforded the Legislative branch to remove a willfully criminal President.

Let’s keep in mind that the House’s successful Impeachment and the conclusion of the Senate’s Impeachment Trial are both separate, but part of the same process. The Senate’s Trial portion is simply an extension of the House’s Impeachment resolution. The Senate’s Impeachment Trial cannot exist without the House’s Impeachment. Likewise, the Impeachment process is incomplete without the Senate voting to convict or acquit. In other words, it is a misnomer to call successful Impeachment of a President when the Senate’s conviction has not yet occurred… only half of the process has been completed. Impeachment means both the House’s portion of Impeachment AND the Senate’s Trial to convict or acquit. Only after completion of both houses together is this considered successful Impeachment (regardless of outcome).

However, many believe that completing the successful adoption of the House’s Articles of Impeachment alone is enough to call the President Impeached. No. You can’t call the President Impeached when only half of the process has been completed. The term, Impeached should only be used to describe a President after both portions of the impeachment process (the House and Senate) have successfully fulfilled their duties and obligations to the constitution and both the House and Senate have agreed and Convicted (or Acquitted) the President, thus removing him from office and voting to rescind that person’s ability to ever hold office again or, alternatively, allowing him to continue to serve acquitted. That is what both Impeachment and Impeached should mean. Anything less degrades the Constitution and dilutes its power as a Constitutional body of law. Unfortunately, even the framers have chosen to ambiguously use the term “impeachment” within its text, such as the ever-vague “except in cases of impeachment” phrase.

Dictionaries, however, believe that it is enough to “charge” (accuse) someone of wrongdoing to use the word Impeach. I disagree with this Dictionary viewpoint. The United States was founded on “Innocent until proven Guilty”. Accusing someone of something is tantamount to “Guilty until proven Innocent”. Without successful completion of the Senate’s portion of an Impeachment Trial, the person is being stated as guilty without having been given a fair trial.

Let’s also understand that for a trial to be fair, it must also be expedient. Our constitution requires not only Trial by Jury (“except in cases of impeachment“), there is no specific definition in the Constitution of how fast the Trial must be conducted, just that it is “speedy”. However, we already know that without verbiage stating exceptions in the Constitution, everyone has the right to an expedient trial, which is guaranteed by the Sixth Amendment.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. <sic>

United States Constitution => Amendment VI

As we know from far above, Impeachment is given certain legal exemptions. However, barring specific exemptions, the rest of the Sixth Amendment’s provisions still apply to the Impeachment trial. This is a basic tenant of law. Thus, this Amendment specifically includes the right to a “speedy” and “public” trial. These provisions are not explicitly excluded in any of the Articles above. As we know from Articles above with regards to Impeachment, a “Trial by an impartial jury of the state and district wherein the crime shall have been committed” IS excluded by Article III, Section 2, which empowers only the Senate to perform this Trial. All else remains in full force and effect.

As for “speedy”, as I’ve said above, there is no specific amount of time set by the framers. This is left up to interpretation. Speedy might be a month or two tops. After six months, that would be considered by most as no longer speedy. No one wouldn’t consider ‘years’ as speedy. Common sense here must prevail. Speedy should be defined as whatever it takes to conduct the trial in a fair manner so long as the process is not interrupted by unnecessary and foreseen procedural or logistical delays. It is then on the Court, or in the case of Impeachment, to perform and conduct a Senate Impeachment Trial expediently once all conditions have been satisfied to begin the trial.

Constitution Verbiage

Here we end all the constitution’s language regarding Impeachment. From here, we must consult the House’s and the Senate’s rules to learn more. Here are the House’s rules. Specifically, here’s the preamble of the House’s rules on impeachment…

Impeachment is a constitutional remedy to address serious offenses against the system of government. It is the first step in a remedial process–that of removal from public office and possible disqualification from holding further office. The purpose of impeachment is not punishment; rather, its function is primarily to maintain constitutional government.

Deschler Ch 14 App. pp 726-728; 105-2, Dec. 19, 1998, pp 28107-9.

Lewis Deschler admits that the House’s portion of Impeachment is the “first step” in the Impeachment process. Because there are multiple steps, that means that until all steps are completed, the process is and should be considered incomplete. It also states that Impeachment is not intended to be punishment, but to uphold (and protect) the constitution.

I’d additionally argue that no one is above the law. Impeachment firmly placed within the Articles upholds that viewpoint. The bar for Presidential crime is obviously much higher than those of ordinary citizens, but Impeachment is a power given by the framers to Congress to remove someone who is willfully criminal while holding the office of President.

Some might consider this a naïve point of view. To some extent it is. Assuming that a person elected President won’t and can’t willfully damage to the Constitution is naïve. To diverge a little, the framers are overly trusting. They believe that people placed into these higher levels of power won’t do damage to the very voters who voted them into office. As I said, naïve. The constitution isn’t, by any stretch, a perfect document. The framers were also well aware of this fact, thus the reason it can be amended. The point wasn’t to make the initial document perfect, but to make it passable by those in power at the time. Viewpoints, even then, made it difficult to achieve consensus. Thus, the Constitution is the very definition of a set of compromises which all of those compromises achieved the signing of the Constitution. That’s why it’s not a perfect document. That’s why there are holes. That’s why some aspects are left ambiguous and left open to interpretation.

Lewis Deschler

So, you’re probably asking, “Who exactly is Lewis Deschler?”. Wikipedia describes him best:

Lewis Deschler (May 3, 1903 – July 12, 1976) was the first, and longest-serving, Parliamentarian of the United States House of Representatives. He started his term on February 1, 1927,[1] during the 70th United States Congress following the retirement of Lehr Fess. Prior to Deschler becoming Parliamentarian, the position was referred to as the Clerk at the Speaker’s Table.

https://en.wikipedia.org/wiki/Lewis_Deschler

Wikipedia goes on to say:

Deschler served as the Parliamentarian from 1927 until his retirement on June 27, 1974, during the 93rd United States Congress.[2] He was an important advisor to many congressmen during his employment, including advising House Speaker Carl Albert on the tax fraud investigation of Vice President Spiro Agnew[3] and the impeachment of President Richard Nixon.

https://en.wikipedia.org/wiki/Lewis_Deschler

While in office, Lewis Deschler authored and modified many of the House’s rules on impeachment and how the House conducts the Impeachment process… which has significantly influenced this process and how our present House today manages and conducts Impeachment proceedings. I’ll leave you to search for and find out more about both Lewis Deschler and his contributions to see how the U.S. House manages not only Impeachment proceedings, but other House proceedings.

Senate Rules

Now that we’ve reviewed the House Rules (you have haven’t you?), we need to review the Senate Impeachment Trial rules. More specifically, this section from the document, RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON IMPEACHMENT TRIALS:

Upon such articles being presented to the Senate, the Senate shall, at 1 o’clock afternoon of the day (Sunday
excepted) following such presentation, or sooner if ordered by the Senate, proceed to the consideration of such articles and shall continue in session from day to day (Sundays excepted) after the trial shall commence (unless otherwise ordered by the Senate) until final judgment shall be rendered, and so much longer as may, in its judgment, be needful.

https://www.govinfo.gov/content/pkg/SMAN-104/html/SMAN-104-pg177.htm

This is the section that discusses a speedy trial… or, at least, how quickly the Senate must act after receiving the Articles of Impeachment from the House of Representatives. It doesn’t state how fast the trial must progress, but it at least states when the Article of Impeachment must be acted on by the Senate.

Double Jeopardy

Someone asked me, “Why isn’t there double jeopardy on impeachment?” Let’s understand double jeopardy. Double jeopardy excludes a person from being tried twice for, and here’s the important point, the same or a very similar crime.

Trump’s first and second impeachments are not for the same crime nor are they similar. So, even were double jeopardy applicable to the impeachment process, double jeopardy wouldn’t apply in this case. Both impeachments are for entirely separate crimes.

Though, I’m not sure why Congress would ever vote to impeach a president twice for the same crime in two separate impeachments. It doesn’t make sense why this would ever happen. I’m not even sure that congress would ever attempt to do this simply because of double jeopardy.

Congressional Failure

With the above said about double jeopardy, part of the problem that leads to this thinking is the failure of congressional leaders to do their own jobs. For example, if the Speaker of the House fails to submit the Article(s) of Impeachment to the Senate, the process cannot conclude.

This leaves the impeachment process incomplete. Such a failure doesn’t allow the accused to prove their innocence on the charges. Not only may this violate the right to a speedy trial, it leaves the accused effectively marked as guilty. That’s not how our system is supposed to work.

If Congress is serious enough to bring Article(s) of Impeachment against the President, then they should be serious and professional enough to see the process through to conclusion. By not completing the process, those responsible should be held liable and penalized for their failure. Specifically, if the Speaker of the House fails to submit the successfully passed impeachment documents, that should jeopardize their Speaker of the House standing. Meaning, they should be deposed and see another representative appointed. If the Speaker of the House fails to do their job, then it’s important to replace that person with someone who will do the job. It is every representative’s responsibility (and oath of office) to uphold the constitution. Failure to uphold the oath of office means the representative needs to be held accountable for that failure including censure or removal from office or position.

Unfortunately, because congress tends to vote on their own matters to affect how they perform their own jobs, checks and balances tends not to apply in these types of votes. This means we usually see Congress fail to apply such penalties that would ensure people do their jobs while in office. Yet another constitutional failure by the framers to prevent conflict of interest problems like this. I digress.

Exceptions, Pardons and Interpretation

Here’s one big last thought before I end this article. Above, there is an excerpt that defines Presidential powers. Specifically:

… [The President] shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment

United States Constitution => Article II => Section 2

This portion is mostly self-explanatory. Again, the President is given the power to grant reprieves and pardons… except in cases of impeachment. Again, unfortunately, the framers left this statement mostly ambiguous. There are several possible interpretations of this verbiage:

The first interpretation suggests that a successful House impeachment alone rescinds the President’s power to “grant reprieves and pardons”. This means that ANY pardons or reprieves that the President attempts to grant AFTER a successful House impeachment is no longer legal. In other words, the President forfeits his power of pardons and reprieves after a successful House impeachment. I believe this interpretation is only partially correct, so let’s continue.

The second interpretation suggests that the text “except in cases of impeachment” suggests the word impeachment to mean that it requires both the full House and Senate processes to conclude in both impeachment and a conviction. The constitution is unclear on this usage and definition of the word ‘impeachment’, but this is also where logic fails.

The second interpretation then suggests the following conditions must be met:

  • A house impeachment must occur
  • A senate conviction must occur
  • Once a conviction occurs, the sitting President will be removed from office
  • A conviction might also prevent the then former President from running for office again

Once a President is convicted and removed from office, there’s no need to request surrender of the pardon power.

This third even more narrow interpretation of “except in cases of impeachment” applies only to offenses covered by the impeachment itself. That’s not specified in this clause. That’s an interpretation and that interpretation seems incorrect. Applying the second interpretation to the third, a President who is fully impeached and convicted can no longer issue pardons and reprieves anyway because they will have been removed from office. Therefore, there is no logic to this interpretation. Again, the framers would have realized this glaring logic error. So…

A fourth interpretation strongly suggests that the framers did realize the above logic error in the second and third interpretations AND they further understood that there is a delay between the time the House passes the impeachment article(s) to the Senate. The framers understood this two house setup can cause delays in the process. This delay leaves the President in power to continue office duties until the Senate Trial begins and concludes. A trial is a trial and can last weeks mulling over evidence. Thus, forfeiture of the power of pardons and reprieves is intended not narrowly for offenses related to the impeachment itself, but for all pardons and reprieves of any kind until the Senate trial concludes. This logic makes the most sense from the framers perspective to prevent the President from passing a flurry of pardons of any kind, which may conceal pardons and reprieves related to the Impeachment. This surrender of power also renders self-pardons for any reason impossible. It the trial acquits, there’s no need for self-pardon. If the trial convicts, the President is removed from power.

This clause’s verbiage then fully implies that the power to grant pardons and reprieves is entirely surrendered after a successful House impeachment. I believe that this is truly what that the framers had intended. Why? Because without this clause, an impeached President can pardon not only themselves for their impeachable offense(s), they can pardon anyone else involved in the action that caused the impeachment. The point here is to stop the President from using pardons and reprieves to avoid Senate prosecution for themselves and their accomplices, regardless of whether the pardon or reprieve appears related or not. This clause additionally prevents “out of sight, out of mind” and “flurry” pardons and reprieves after the House successfully impeaches, but before the Senate trial concludes. The House and Senate should be focused on the Impeachment process, not on reviewing every pardon and reprieve for relationships to the Impeachment. Halting all pardons and reprieves until the Senate’s trial concludes makes the most logical sense and keeps Congress’s focus on the Impeachment, not on Presidential diversions.

Clearly, if the Senate trial concludes in acquittal, then the impeachment is nullified and all powers are restored to the President. If the Senate trial concludes in conviction, then the President is removed from office thus preventing any further pardons and reprieves by that action.

Currently, I believe that the “except in cases of impeachment” verbiage is being taken too literally to cover only and narrowly such pardons and reprieves that appear directly related to the specific “case” of the impeachment itself. I don’t believe that this extremely narrow interpretation was the framer’s intention. Instead, as in the fourth interpretation, I believe the framers intended this phrase to see the President fully surrender the power pardons and reprieves until both the House and Senate conclude both portions of the impeachment and conviction process. This does two things:

  1. It forces congress to abide by a “speedy trial” to…
  2. Quickly give the President back all powers afforded the position or remove an offending President from power

One last word for this verbiage. This verbiage appears intended as a forward looking statement. Meaning, it halts future pardons and reprieves from the date the impeachment is passed by the House. It isn’t intended to touch past pardons or reprieves issued prior to the date of successful impeachment. This makes logical sense because it is assumes that the President’s actions prior to successful impeachment are sincere and trustworthy. That means all past pardons and reprieves should be left standing. Nullifying past pardons and reprieves prior to impeachment could be exceedingly difficult to “undo”. I don’t believe the framers intended for this exception to encompass past actions and/or retroactively apply to all past pardons and reprieves.

Putting it all Together

What does all of the above really mean for Donald Trump’s second impeachment? Some have theorized that because Donald Trump is no longer president that the Impeachment proceedings should be dropped and/or isn’t constitutional. That’s not how legal agreements work. They don’t just disappear because one small piece is unenforceable. Typically, if a condition presents that nullifies a portion of an agreement, the remaining portions of the agreement remain in full force and effect. To extrapolate that to the constitution, stating that because Donald Trump is no longer President means that the impeachment section is no longer valid. Let’s understand why this argument might or might not apply.

That argument would be true if the impeachment proceedings were to begin AFTER his exit from office. However, even though Donald Trump’s presidency has ended, this fact doesn’t nullify the impeachment proceedings that constitutionally began while he was still in office. Because the two constitutional remedies for impeachment include 1) removal from office and 2) prevention of holding future office, only one of these two remedies is nullified by Donald Trump’s exit from office.

What that means is because the process began while Donald Trump was still President, the process is still valid after his exit from office. To say otherwise is like saying that because you ran a red light and because that condition no longer exists, you aren’t in violation. No, you’re not presently in violation, but you WERE in violation at the time you ran the red light. Not being in violation now doesn’t absolve you from having been in violation at the time that you ran that red light. If law allowed for a “now” concept only, no one could ever be held accountable for past deeds. This is why this legal precedent, usually defined by a statute of limitations, is applicable in nearly every legal circumstance. Not all crimes have statute of limitations, however. Those that don’t usually mean you can be tried for that crime at any point in time. Thus, this legal concept is applicable to Donald Trump’s impeachment.

Additionally, law doesn’t allow for the “now” argument. This argument doesn’t apply to running a red light (unless the statute of limitations has expired) and it doesn’t apply to Donald Trump’s change in President status. He WAS President at the time when his “high crimes and misdemeanors” occurred. That’s what matters. His change in status does NOT matter. Further, because “step one” of the Impeachment began while Trump was in office as President, Congress must now do their duty and complete this process regardless of Donald Trump’s change in status. This process is now (and was then ) already underway .

Sure, Trump can no longer be removed from office as one of the two remedies, but the remedy to prevent him from ever holding office again must still be decided by the Senate. For the Senate to not to do their duty to uphold the remaining “in force” portions of the Constitution means those Senators are not upholding their constitutional oath and duties of office. Regardless of the Senate’s outcome of the Impeachment trial, it must be urged to complete this process. Without completion of this process, the constitution is weakened. The point to the constitution is to empower those who are tasked to do the will of the people to uphold the will of the people and simultaneously uphold the statutes defined by the United States Constitution.

To do otherwise, such as not completing the impeachment, only diminishes the power of and serves to dilute the function of the Constitution as the heart and soul of our democracy.

Flurry of Pardons on the Way Out

As for Donald Trump’s over 100+ pardons on his way out of office, these pardons and commutations should be considered invalid based on the fourth interpretation (above) of Article II, Section 2’s “except in cases of impeachment” clause. Since he had been impeached by the House prior to his final flurry of pardons and reprieves, all of those pardons and reprieves should be invalid because this clause sees to his surrender of that Presidential power for the duration of the Senate’s impeachment trial. Further, since Trump is no longer in office, he won’t be able to redo those 100+ pardons and reprieves, even should the Senate trial conclude in acquittal. I won’t get into what this interpretation means for his first impeachment as that only serves to heavily muddy these already extremely muddy waters.

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What Microsoft’s purchase of ZeniMax means?

Posted in business, microsoft, Sony, video gaming by commorancy on October 28, 2020
Can the PS5 succeed?

I’ve had this question recently posed to me on a Twitch stream. Yes, I stream games on Twitch in addition to penning this blog. I haven’t cross promoted my Twitch stream on this blog because blogging and gaming are mostly unrelated. However, if you’re interested in watching me game, please leave a comment below and I’ll post my Twitch channel. Let’s explore the answer to the above question.

Bethesda and Microsoft

Microsoft isn’t really a gaming company. They are a software company who produces gaming products in among all of their other hardware and software product lines. Sony is, likewise, not really a gaming company for a similar reason. Sony is mostly a content producing company who also produces gaming hardware.

Anyway, Microsoft’s purchase of Bethesda’s parent company ZeniMax likely means eventual changes to all of Bethesda’s game franchises. In fact, I’m actually surprised that the FTC has allowed such a purchase considering the negative impact it will likely have on consumer choice.

Sony and Microsoft

Let’s start with the elephant in the room. Sony and Microsoft are rivals when it comes to gaming systems. Sony has the PlayStation and Microsoft has the Xbox. Because Microsoft owns the Xbox console, purchasing large gaming companies firmly pushes this situation into conflict of interest and consumer choice reduction territory. Additionally, Microsoft’s purchase of ZeniMax before the PS5 has really launched can become an easy way to keep the PS5 from succeeding.

Why? Microsoft has designs on making the Xbox Series X console succeed and be more successful than the PS5. To do this, they want to lock Sony’s platform out of as much content as they can. How will this manifest with Bethesda’s games?

While the final outcome is entirely uncertain, the handwriting is on the wall. What I mean is that Microsoft may eventually make all of Bethesda’s newest released games exclusive to the Xbox. That means that Bethesda’s game franchises (plural) may ultimately end up playable only on the PC and on the Xbox console. Yes, that could mean that both the Nintendo Switch and Sony’s PS5 are equally negatively impacted by this purchase.

Both Sony and Nintendo could find themselves without future Bethesda titles on their gaming platforms. That could mean no more Fallout, no more Elder Scrolls, no more Doom and no more Wolfenstein will make their way onto Sony or Nintendo’s platforms. It doesn’t stop there. Titles like Bethesda’s upcoming Starfield, which has yet to be released, could be pulled from release on both Sony and Nintendo’s platforms… leaving this game only available on PC and Xbox.

Sure, it may lose Microsoft money by not releasing these games on these non-Microsoft platforms, but Microsoft will more than make up for those game sales losses by pushing more Xboxes and PCs into the home. Eventually, these games will be sold to newly purchased Xboxes and PCs more than making up for the losses in sales on those other platforms. Basically, Microsoft has an easy way to do the dirty to both Sony and Nintendo as far as Bethesda games are concerned.

Microsoft is also well aware of the leverage they hold over the gaming industry by purchasing Bethesda. More than this, Microsoft can steer new consumers onto their Xbox line of consoles and away from Sony and Nintendo consoles strictly by enforcing Xbox Exclusives.

Exclusives

Bethesda isn’t the only studio on the planet. However, Bethesda is a large studio with many very cherished video game franchises… franchises that bring in a lot of cash and drive console purchases.

While Microsoft can enforce making upcoming Bethesda games exclusive, Microsoft doesn’t necessarily have to take this step. However, knowing that Sony pretty much kicked Microsoft’s butt with the PS4’s sales, Microsoft isn’t eager to repeat that trend with the Xbox Series X. Purchasing ZeniMax gives Microsoft a definite edge. It also means Microsoft might also be eyeing the purchase of Activision, EA, Rockstar and even Ubisoft. Don’t be surprised if Microsoft snaps up some of these additional game developers as well.

By Microsoft purchasing large game studios like Bethesda, they can control which console becomes the dominant console this time around (i.e., theirs). This means even more exclusive Xbox games.

Exclusive games force consumers to buy specific hardware platforms to play these exclusive titles.

PS5

What does this news mean for a console like the PS5? It puts the PS5 at a severe sales disadvantage. Microsoft could request Bethesda to not produce PS5 games. Without Bethesda’s support on the PS5, that leaves the PS5 at a major disadvantage in the upcoming next gen gaming market.

This is part of the reason I am not purchasing a PS5 at this time. I’m waiting on how this plays out. Bethesda’s ownership by Microsoft means a very real possibility of future exclusive Xbox titles from Bethesda, with no releases on the PS5 or the Nintendo Switch.

This change would put Sony and Nintendo with a clear sales disadvantage. Sony would have to rely not on Bethesda games to drive the PS5’s sales, but instead rely on Sony Studio game releases… games they have developed themselves or by studios they own (i.e., Sucker Punch).

That doesn’t mean the PS5 will be worthless, but it means that the future of Bethesda’s games being released on the PS5 has become very unclear. In fact, I’d use the word “muddy” to describe these waters.

Here are some questions that come out of the above:

  1. Should I buy and Xbox Series X or a PS5? The answer to this question entirely depends on what Microsoft has planned for Bethesda. If they intend to turn all future Bethesda releases into Xbox exclusives, then the answer to this question is… buy an Xbox Series X. Even then, I’d still recommend buying an Xbox Series X because there’s a zero chance of losing Bethesda games on the Xbox. However, there’s a high probability the PS5 will lose Bethesda’s future games. The even larger answer to this question also depends on whether Microsoft plans to buy more large game studios.
  2. Will Bethesda lose money? The answer to this question is, no. Microsoft has deep, deep pockets. They can withstand any short term monetary losses from making Bethesda’s games exclusive to the Xbox and they can also withstand the long term needs to recoup those losses by selling new Xbox consoles and any exclusive Bethesda games. The more consoles Microsoft sells, the more games they can sell.
  3. Will Microsoft force Bethesda to make exclusives? Yes, they will. This is guaranteed. The question is, which games will be forced into this category? That’s still unclear. Will it only be some of Bethesda’s games, all of them, new games only or some combination of this? We don’t know. However, I can guarantee at least one of Bethesda’s games will be released as an Xbox exclusive. My guess is that most of Bethesda’s games will become exclusives.
  4. What about existing Bethesda games? What happens to these? Microsoft isn’t stupid. They will allow existing games to continue to be sold and operate on the PS4 and any other older non-Microsoft consoles. They won’t rock this boat. Instead, Microsoft will look at upcoming unreleased games and use the games that have never been released to become exclusive.

As a result of these questions and answers, it’s clear that if you love Bethesda’s games and you wish to play future upcoming Bethesda game franchises, you may want to wait before investing in one of these new consoles. It would suck to spend a wad-o-cash to walk home with a PS5 only to find that the one Bethesda game you thought you could play is now an Xbox Series X exclusive. That means, you’ll never see that game released on the PS5. Microsoft is very likely to make this situation a reality.

If Microsoft buys even more of these large developers, they could lock Sony’s PS5 out of the mainstream gaming market. That would push Sony’s PS5 into a situation like Nintendo (and the PS Vita), where the console maker is entirely responsible for creating compelling game franchises for their respective console on their own. Unfortunately, that’s just not enough to keep a platform like the PS5 alive.

In other words, with the purchase of Bethesda, there’s a very real possibility that this time around that Sony’s PS5 will be the underdog.

Ramifications

The bigger ramifications of this purchase is the lack of and reduction of consumer choice. This purchase can easily push Microsoft into an even more monopoly status than they already are. Locking down the biggest game developers to exclusivity for the Xbox means causing the PS5 to ultimately fail and for the same reason the PS Vita failed.

Personally, I believe this is Microsoft’s true agenda. The Xbox One’s sales paled in comparison to the PS4. Microsoft is not eager to repeat this situation with the Xbox Series X. By buying large developers like ZeniMax / Bethesda, Microsoft can all but assure the success of the Xbox Series X… and, at the same time, assure Sony’s failure of the PS5.

This purchase is honestly a one-two punch to Sony…. and for Sony, it’s gotta hurt.

Sony and Gaming

If Sony is smart, they’ll run out and buy Rockstar or Ubisoft right now. They shouldn’t wait. They should purchase one of these companies as fast as they possibly can. Rockstar would be the best choice for Sony.

Sony could then have this same bargaining chip in their back pocket just like Microsoft has with Bethesda. Should Microsoft dictate Xbox exclusivity for Bethesda’s upcoming games, Sony can do the same thing for Grand Theft Auto and Red Dead Redemption (once they own Rockstar). Ultimately, it will be a “tit for tat” situation.

In fact, Sony should buy both Ubisoft and Rockstar and have two bargaining chips. Even still, such a game exclusivity war would lead to fracturing the gaming market in half. Basically, the consumer would be forced to buy multiple consoles to play games that formerly landed on both consoles. It’s a loss for consumer choice… which is why I’m surprised the FTC hasn’t stepped in and blocked this one.

I’m guessing that because the final outcome has not yet manifested, the FTC can’t see the forest for the trees. However, once hindsight forces 20/20 vision, it will be too late for the FTC to block this purchase.

What does this mean for Fallout?

I know this is a very specific question about a very specific game. However, I was asked this very question on a Twitch stream. Let me answer it here.

If you’re a fan of the Fallout series and you’re unsure which of the upcoming console to buy, I’d recommend waiting to see what Microsoft has in store for upcoming Bethesda games.

With that said and to reiterate what I’ve said above, there is now zero chance that Microsoft will withhold Fallout for the Xbox Series X and newer Xbox consoles. However, Microsoft can easily block the release of future Fallout games from the PS5 and the Switch. This means that a consumer’s investment of cash into a PS5 could see the console without any future Fallout or Elder Scrolls or Doom games.

What that means is that should Bethesda take on the challenge of remastering Fallout 1, Fallout 2 and Fallout New Vegas for the newer consoles, these games may only find their way onto the Xbox Series X as exclusives and may not be found on the PS5.

Basically, proceed with caution if you really, really want a PS5. You may find that like the PS Vita, without titles released from Bethesda, the PS5 may end up a dying console before it really gets the chance to take off, particularly if Microsoft buys even more of these large game studios. If the PS5 does fail due to Microsoft exclusives, it will be mostly thanks to Microsoft.

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Rant Time: Fallout 76

Posted in botch, business, video game, video game design by commorancy on October 19, 2020

This is my final review of and rant for Fallout 76. As of the recent Fall update for Fallout 76 (Wastelanders Season 2), Bethesda has taken it upon themselves to make some very questionable and disingenuous changes to the “balance” of the game. Let’s explore just how cringeworthy this game has become.

Level above 200

If you have a character with a level above 200, you’ll probably have noticed a number of “balance” changes to the game. Formerly, the game spawned a maximum of around level 68 for most humanoid enemy characters in Fallout 76. After the most recent update, the enemy level cap has been raised to 100. Not only has this update to the enemy level changed the balance of the game for the worse, it has reduced the effectiveness of the biggest guns in Fallout 76.

In effect, Bethesda has heavily nerfed every weapon in the game so that they are incredibly ineffective against these newly updated enemies whose levels have been majorly increased for no reason.

This is not just an inconvenience, it’s sloppy and makes the game unnecessarily harder to play without a way to disable this increase in hardness. Effectively, Bethesda has broken the game. There’s no other way to say it.

Level 50 weapons

The maximum level of any weapon in Fallout 76 is 50. You simply can’t find a weapon with a higher level than 50. Some top out at level 45. Yet, Bethesda has increased most enemy levels to well over 100 in many cases (assuming the player is over level 100), thus making these level 50 weapons even more ineffective than they already were. Yes, this applies to Legendary weapons as well.

What I mean is that before this update, I could one shot most level 68 enemies in the game with a level 50 Legendary rifle. The maximum level you’d find on most enemies would be level 68. After this update, most humanoid enemies spawn at 100 which takes two, three or more shots to kill on a level 100 enemy.

By changing the max levels of spawned enemies, Bethesda has inadvertently (or maybe intentionally) nerfed every weapon in the game. These weapons are, in fact, nerfed so hard as to be almost as useful as a level 1 rifle of the same class. Many weapons can take 5-6 shots for a kill which formerly took one or two shots. This allows enemies to swarm you, thus making the game even harder for characters above level 100.

Level 200+ characters revisited

With all of the above said, let’s circle back around to a player character that’s level 200 or above. Rant on. Player character levels in Fallout 76 are effectively useless. In any other RPG, levels add strength, power and perks. In Fallout 76, it’s just a number.

The player character is actually only as powerful as the weapon level they wield. If the weapon is level 50, then the player character’s power to play the game is entirely tied to that weak ass weapon. The player’s level 250 or 300 number means nothing. It’s just a number and doesn’t at all play into the strength and power of the character. It’s a pointless number. The only number that matters is the weapon’s level.

Since the max weapon level in Fallout 76 is level 50, that means that any increase in enemy strength, enemy level and enemy HP means making the already weak level 50 weapons even weaker.

In Fallout 76, it’s the weapon’s level that matters. Because Bethesda has raised the spawn level of enemies for high level characters, it has effectively made having high level characters useless and pointless. The level 250 player character is entirely limited by those weak ass level 50 weapons, now even more than ever.

Penalizing High Level Players

Some of us have spent months (or years) leveling our characters to 200, then 250 and higher. Yet, the best that Bethesda can reward our time and effort is to weaken our weapons and turn our 250 character into a level 20 character again? Stupid.

Bethesda’s handling of the Fallout 76 franchise is not only stupid, it’s probably one of the absolute worst installments in the Fallout franchise bar none. Not only is Bethesda penalizing those of us who have spent months grinding our characters to higher levels, but it goes way beyond this.

Fallout 76 is supposed to be a prequel to Fallout 1, 2, 3, 4, New Vegas and likely 5 and the rest. Yet, so much swag has been introduced into Fallout 76 that has never appeared in the sequels, it doesn’t make any sense to be in Fallout 76. How can we have Nuka-Cola Scorched that has never appeared in Fallout 3 or 4 or any other installment?

It gets even worse. Fallout 76 ultimately doesn’t make any sense as to why it even exists in the Fallout franchise. It doesn’t add anything to the series. The Scorched don’t make any sense as they have never appeared in any sequel games. The only carryovers are the Ghouls, Super Mutants and the factions. Even the Blood Eagles don’t make sense as they have never been in any of the sequels.

Cartoonish

With every step Bethesda takes, they seem to fumble the ball every single time. Fallout 76 is a weak installment. Not only does it make no sense to even exist in the Fallout universe, its reason to exist is so shallow and laughable, this entire game is a cartoon.

It’s what someone might think a Fallout game is if they didn’t know anything and asked someone to explain it in one sentence. The premise in Fallout 76 is so weak, it’s a caricature of Fallout.

The premise of Fallout 4 was tied to a serious tone and kept the idea behind the nuclear apocalypse somber and in-check. Yet, in Fallout 76, it’s all happy-go-lucky as if the bombs dropping were a mere inconvenience.

The 24

The premise of Fallout 76 was to insert 24 real live players into a multiplayer Fallout world. Unfortunately, Bethesda’s shortsightedness got in the way of making this into a great game.

The multiplayer point to Fallout 76 is that each of the 24 people will exit the vault and begin rebuilding Appalachia. Unfortunately, there isn’t any rebuilding that is actually allowed. Sure, each of those 24 people could build a super tiny little cabin on a super tiny piece of land. As a result of this overly tiny constrained land, you can’t actually rebuild anything in Appalachia.

All other buildings remain busted, broken and dilapidated. There’s no way to fix them. Instead, the best each of those 24 players can do is build a me-camp. The only thing these me-camps do is clutter up the landscape. Worse, you can’t even build your camp near most structures as the game prevents that. This means that while the point is to rebuild, you can’t actually do it.

Worse, even if you manage to follow the main quest line through to completion and “get rid of” the Scorched virus, nothing in the landscape changes. All of the burnt, destroyed buildings and structures remain. Building a me-camp doesn’t fix or solve anything. Even then, these camps are only visible and useful so long as the user remains actively online playing. When the player logs out, so too do any structures disappear from the game.

Pointless

Ultimately, Fallout 76 is a pointless, vapid, hollow game with absolutely no reason to exist in the franchise and also has no redeeming merit, especially after this latest update. It doesn’t further the franchise in any useful, or more importantly, functional way. Any lore built is inserted in such a way as to be pointless in the end. None of the lore solves anything. In fact, we don’t learn anything in Fallout 76 that we didn’t already learn in Fallout 4.

The entire Fallout 76 game is money-grubbing exercise in futility.

Standalone Game

Bethesda needs to package up a standalone version of Fallout 76 that doesn’t require the Internet. Then, let us download our characters onto this standalone version so we can at least save all of the progress we have made with our characters. Otherwise, when Bethesda shuts down the Fallout 76 servers (and they will), any characters we have built will be lost.

Done with Fallout 76

Because Bethesda’s continually keeps screwing us players with every release, I’ve given up playing Fallout 76. This latest update is actually the last straw. I’ve tried to be patient with Bethesda. I’ve really tried… but my patience has completely worn down. Not only is the game exceedingly old (coming up on 2 years), Bethesda has honestly done nothing of note to make the game actually better or more playable. Even Fallout 1st, Bethesda’s expensive monthly for-pay subscription service, has done almost nothing to further the playablity of the game.

In fact, the only thing they’ve done is make the game worse with each and every release. Case in point, Wastelanders. The name itself tells you that it’s a waste… and it is.

Wastelanders added nothing new to the story of the game. The only thing that was added were a bunch of pointless NPCs that serve entirely as newbie tutorials… as if Fallout 76 was complex enough to even need newbie tutorials. The game is so simplistic and easy to learn that adding NPC tutorials to the engine is about as useful as teaching a driving teacher how to drive. Yeah, pointless.

The rest of the NPCs that weren’t tutorials ended up being daily quest givers asking us to do the same thing every single day over and over and over and over…. the very definition of grinding. Yet, there’s a hard-set and overly long cooldown timer that forces us to wait many, many hours to grind again.

War Never Changes, and Bethesda Doesn’t Either

Bethesda just doesn’t get its gamers or its franchise fans. Bethesda also doesn’t get why this game should exist. It also certainly doesn’t reward its long standing players for playing. Oh, no no no. Instead, it chooses to slap us in the face with each and every new release. I’m tired of dealing with those shenanigans. Gamers who’ve been playing the game for months then log in only to find that their best weapons are now only mediocre trash and have been rendered entirely pointless. Have I mentioned just how pointless this game is?

Worse, Bethesda couldn’t be bothered to actually add a compensating control by adding newer, more powerful weapons into the game. No, they couldn’t be bothered to do that. Instead, they screw our level 250 characters over and then expect us to be happy about it? Well, I’m not… hence this article.

If Fallout 76 was a great game once, it is no longer a great game today. Arguably, it never was a good game. In fact, it is probably one of the worst games to consider getting anyone as a gift. It’s not a particularly great multiplayer game, but even more than that, it’s a piss poor entry into the Fallout universe.

If anything, Fallout 76 shows us just how disconnected from the original Fallout franchise source material as a Bethesda can get. The creators of Fallout 76 really have no idea what a Fallout game is. Fallout 76 is now officially and literally the worst Fallout game in the Fallout franchise bar none. Bethesda would do well to sack Todd Howard and find someone who can actually come up with game ideas that people actually want to play and that are befitting of Fallout’s original apocalyptic premise. Perhaps with Microsoft’s 2020 acquisition of Zenimax, Todd may finally find himself on the outs. As for what Microsoft’s acquisition means to the Fallout franchise or the Elder Scrolls, look for an upcoming Randocity article.

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How to complete the Fallout 76 Legendary Run

Posted in botch, business, video game design, video gaming by commorancy on August 29, 2020

While this is intended to be a how-to guide, it also offers my take on whether or not this new rewards system is worth it. This article also serves as a review. Let’s explore.

[Updated for 9/29/2020]

The new ‘Legendary Run’ has started with a new game board. This game board is completely different from the images shown in this first Legendary Run. The rewards are similarly spaced and similar in style. However, as of the update needed to install this new ‘Legendary Run’ game board, Bethesda also made some very big (and unnecessary) changes to the game, shattering the already faltering game balance. As of this update and second legendary run, Fallout 76 is officially an unmitigated disaster. There is officially no game balance in Fallout 76.

Effectively, no matter what level you are, Bethesda has excessively nerfed ALL weapons and over-powered ALL enemies. A level 50 (max level) Bloodied Lever Action Rifle, which could pretty much one-hit and kill any enemy in the game and 3 hit and kill some of the hardest enemies (other than a Scorchbeast Queen), is now no better than a level 10 weapon of any kind. Any remaining balance that had been in Fallout 76 has been utterly destroyed by this latest update. To be honest, Bethesda has destroyed any remaining reason to play Fallout 76 in one update. There is absolutely nothing at all fun about Fallout 76 at this point… no, not even to play this updated second Legendary Run game board.

If I had even the tiniest of cravings to play this newest game board in Fallout 76, that craving has been totally and completely squashed by Bethesda’s ruining of the game balance.

The Legendary Run

What is it? As stated above, it’s a new rewards system for Fallout 76. It somewhat replaces the daily Atom rewards with a new type of currency called S.C.O.R.E. (another insipid acronym). For this article, I’m simply going to call it Score. Score points are given when you complete daily or weekly challenges.

By ‘somewhat’, I mean that the older Atom challenge system was designed as a loose, non-competitive system. You did these challenges at your leisure with no ramifications. This new system, on the other hand, sees a competition between you and a foe, forcing you to complete the game board ahead of the foe. Okay, so maybe ‘force’ is a strong word. However, it has the same effect as force because of the urgency required in keeping up with Zorbo’s game piece. Skipping a day of challenges can see you lose. Zorbo’s ship is the little teal ship where the gamer’s is a bright orange ship. See full game board image below:

TheLegendaryRun-GameBoard.-3084

What does ‘lose’ mean, exactly?

By ‘lose’, this is not yet clearly defined by Bethesda. It is currently believed that Bethesda will reset the board to start over with a new ‘season’ of The Legendary Run including all new rewards… after Doctor Zorbo (foe) reaches the final position on the game board. It has been confirmed as of September 1st that The Legendary Run ends September 8th (see image at right) at 12 noon Eastern / 9am Pacific. Additionally, not only is Bethesda offering double Score points until that time, they have added extra challenges to the board to help those who wish to get to the finish line and need a bit more effort. Still, it doesn’t absolve Bethesda from the OCD and anxiety issues that this challenge system brings.

If you haven’t completed the board, the clock is ticking on whether you will be able to complete it and get all of the remaining rewards. Remember when I said ‘force’ was too strong of a word above? Well, here is exactly where Bethesda applies the pressure. The assumption is that if you don’t complete the board by the time the foe reaches the end, you will not be able to finish the game board at all or receive any remaining rewards. You may even lose any unclaimed rewards (see CAUTION below).

For anyone not very far along, this means that to complete the board before the timer ticks down to zero, you’ll need to pay your way through the board using Atom (see the Pay to Win section below for more details) before Zorbo reaches the end and the board closes. In other words, if you’re still in Chapter 1 when reading this article, you’re going to be required to pay a LOT of Atom to fully open up the game board to the end.

CAUTION: As a warning, I strongly recommend that you claim every reward you are given. Don’t be lazy about this. Don’t leave any rewards unclaimed. Once the game board closes for the next season, you will likely not be able to go back and claim any unclaimed rewards. In fact, the board may be entirely wiped and reset losing any unclaimed rewards. Be extremely cautious as Bethesda is not likely to be forgiving about this at all.

Score Points

Score points are accumulated into a progress bar that’s either at the bottom or top of the screen depending on which screen you are in.

The Legendary Run also has a game board (see above) with individual rewards in each spot. As you progress and gain Score, your game marker moves to the next spot after you accumulate enough Score points for that specific place on the board. Each new game place increases the amount of accumulated Score it requires to move to the next game board section.

Under each game board section, you will find a specific reward. The rewards sometimes include currency like Atom, Legendary Scrip or Gold Bouillon. Other rewards include digital cosmetic items like Ghillie Suit paint jobs or Atomic Onslaught paint. You can even get consumables like Scrap Kits, Repair Kits and Perk Card packs. It also includes CAMP cosmetic items like a tree, a door or wallpaper.

Each spot on the board is already pre-marked with its reward. You only simply need to hover over the game board spot to view its reward. You can even click on it to get more details. There is no mystery involved. You know exactly what you’re getting all throughout the game board.

What I’ve LearnedThe OCD Run WARNING

Playing through and completing this game board, I’ve come to learn a few highly negative things about this system. As a result, I’m not a fan of this new system at all.

The first thing I noticed about this new system is that it is not at all forgiving. If you miss a day of challenges, you’re probably okay and can make it up. If you miss a week of challenges, you’re likely to be so far behind you can’t complete the board. Because of this primary problem, this system can easily trigger anxiety and obsessive compulsion to complete this challenge system in gamers. Gaming is supposed to be recreational, not something to become OCD over.

If you’re easily triggered by OCD, then you should completely avoid participating in this reward system. In fact, this game mechanism is so heavily tied to reinforcing obsessive compulsive behaviors, it should be outlawed in games. To me, a system like this is just as bad as for-pay mystery boxes. Hear me, Bethesda.

Obsessive compulsive disorder is not something we need to be indoctrinating into children using video games. Something like this is bad enough for adults, but training kids for obsessive compulsion early is a recipe for problems later in life. In fact, I’d suggest that a game board system like this is just as bad for children as are for-pay mystery loot systems which train those portions of the brain about gambling. Both gambling and OCD are equally damaging to growing and developing children.

I have a lot to say on this topic, but I’ll forgo that for now and focus on how to complete this game board. Suffice it to say, if your OCD is easily triggered, stay far away from this challenge system and focus entirely on just Fallout 76’s main activities.

How To Complete The Legendary Run

The bottom line in completing this run is not missing a day or week of challenges. You can skip one or two daily challenges per day, but you will need to complete every weekly challenge.

For example, I skipped every daily Nuclear Winter challenge (I despise that game mode and refuse to play it) and I was still able to complete the run. However, it did require hitting every weekly and as many daily challenges as I could complete. Yes, you will need to play through every daily challenge that you can. This means playing every single day’s challenges, seven days a week.

Yeah, that’s why I wrote the above warning. If you can’t commit to playing this game every single day, then you likely cannot complete the run through challenges alone.

Pay to Win

There is a way to get to the end without playing at all. You can rank up fully by paying 150 atoms for each board space. In fact, you can pay your way through the entire game board if you want. If you’re willing to run to the PlayStation, Xbox or Bethesda’s store and buy Atom, you can use that Atom to pay your way through each game board spot.

This can help you if you need to catch up. But, you can also simply avoid the daily grind and pay your way to the end.

The choices you have then are as follows:

  1. Grind your way through the daily and weekly challenges every day
  2. Pay your way through the board entirely with Atom
  3. Combine some grinding and paying some Atom to get you through to the end.

In fact, I believe most players will end up falling into category 3… which is exactly what Bethesda hopes. That means you’ll have to pay for Atom (or get it through other Atom challenges which are still available) to make your way through The Legendary Run. Though, Bethesda is also enamored with gamers who fall into category 2.

The one thing to realize about The Legendary Run is that you must forgo playing the game to solely focus on completing the challenges. This means spending most of your time working through the challenges and, you know, not playing the actual game itself. In other words, these challenges waste a LOT of time doing inconsequential things instead of completing the main quest line. This is such an unnecessary diversion, it actually undermines the game.

Design Failure

In fact, this entire challenge system runs 180º counter to what the design goals for this board were stated to be. It was claimed that this new challenge system would work in concert with gamer’s actual game play. In reality, it’s just the opposite of that. To complete this board, you have to focus on the challenge tasks 100% at the expense of all else. Many of the challenges are esoteric. You don’t naturally go looking to kill 3 Deathclaws unless it’s part of a quest line. Even then, I don’t know of a single quest line in Fallout 76 that requires you to kill 3 Deathclaws as part of the quest.

You might find yourself near Deathclaws as a result of a quest line leading you there, but you don’t need to kill them to progress the quest. The most famous of these main quests is the Enclave quest which leads you to the Abandoned Waste Dump to begin this quest line in a bunker inside of a cave, with the cave infested by Deathclaws. Naturally, Bethesda assumed you might kill those Deathclaws being in close proximity. However, you can sneaky sneak your way through that cave and avoid killing those Deathclaws entirely. You can even flat out run through the cave to the elevator and be on your way. In other words, killing these Deathclaws is not naturally part of your game play activities.

That’s just one example. There are many other such useless challenge examples, such as taking over workshops. You don’t do this as a natural part of any quest line or as a natural part of game play. If you take a workshop, it’s entirely your choice and you must go out of your way to do it. To take a workshop comes with its own game baggage, the least of which is paying for the workshop in caps, the immediate Defend Event and any PVP activities assuming you do it in a public world.

As a final example, if you never play Nuclear Winter, you are now forced to enter that game mode to do whatever is required to pick up the NW challenges. That’s the very definition of unnatural game play.

While there may be a handful of activities that are considered ‘natural gameplay’ such as chewing bubblegum or collecting water, there are just as many that require you to spend time doing things you don’t normally do.

The Legendary Run forces unnatural game play onto the gamer (in addition to the anxiety and obsessive compulsion to complete the board). You must first find out what the challenges are for that day and then explicitly spend time completeing them. I ended up spending most of my play time grinding the challenges and not progressing quest lines. The Legendary Run is not a natural game play system and diverts attention away from playing the actual game.

Atom and Rewards

Another negative about this new system is that we have lost our most basic way to gain Atom. Yes, there are spots on the board that occasionally award 150 Atom, but that’s ultimately way less than the amount of Atom we were getting before this system launched.

Before The Legendary Run, we were getting around 50 Atom for daily challenges and up to 1000 Atom for weekly challenges. At 7 days, that would be 350 + 1000 = 1350 Atom per week. With this new game board, that dropped to around 150 Atom per week. That’s way, way less Atom than we were formerly getting by completing daily and weekly challenges.

Yes, in somewhat of an exchange, we are now getting some exclusive board rewards, but at the expense of not being able to buy much stuff in the Atomic Shop.

Bethesda’s Greed

I get it. I really do. Bethesda wasn’t making enough money off of selling Atom in the digital stores. I guess they thought they were giving too much Atom away. They felt they had to cut down on the amount of Atom being given out by challenges to force more sales of Atom. As I said, I get it. Greed rules.

Unfortunately, because of Bethesda’s greed, they have now saddled everyone with a system that so highly triggers OCD in gamers and wastes so much in-game time that it’s actually a huge loss for the game.

I mean, Bethesda’s systems get worse every single time they release and The Legendary Run is no exception. This is truly one of the worst ideas that Bethesda could have implemented in Fallout 76. Not only is The Legendary Run unforgiving, not only does it completely trigger OCD, not only does it force gamers to pay real money for Atom, not only does divert the gamer away from questing and towards spending time question for Score, the rewards offered are mostly inconsequential and the run itself is completely unfulfilling.

Worse, everyone gets the SAME rewards, so they are not at all unique. I preferred shopping at the Atomic shop directly. Everyone can pick and choose the things they want, so not every gamer has the same things. When it’s all cookie cutter, there’s nothing unique about what’s being given away. Everyone who reaches a specific game board spot gets a Ghillie suit paint, big whoop. So now, everyone who completes that spot has it?

What happens when you complete the board?

Good question and one Bethesda should have solved before rolling this system out. Yet, they didn’t. When you complete the game board and there’s nothing else to be had, the daily challenges still issue Score. Score that has no place to go and nothing to win. Once you complete the game board, there’s no reason to complete the daily or weekly challenges as it’s simply a waste of time and effort.

Instead, Bethesda should have planned for this eventuality and converted the system back to the older Atom system after the board is completed. This would allow gamers to still continue to get SOMETHING after completing the game board. We did just complete the game board. Shouldn’t we get some kind of continued reward for completion? Where’s the incentive to continue? There isn’t any. Crap design in my book.

Repeat?

Will I do it again? No. It’s a waste of time and effort. It diverts away from completing game world quests. Seriously, these daily challenges can sometimes take over 2 hours to complete. That’s 2 hours I could have spent finishing up quests. That’s 2 hours I could have been having fun taking over and building workshops. That’s 2 hours I could have spent hanging out with a few friends. That’s 2 hours I could have spent building out my camp. That’s 2 hours lost to challenges that get me what, yet another Ghillie or Onslaught paint? Heck, that’s 2 hours I could have spent writing a blog article.

Yet, if you really want that Fireplace secret door, you’re going to spend a massive amount of time enduring challenges and fighting OCD compulsions.

Triggering OCD behaviors in video games is not something we should be encouraging in video games. Bethesda shouldn’t be rewarded for creating this system. They should be scolded. Better, these kinds of OCD compulsion inducing systems should be outlawed in video games for the same reason that mystery loot boxes have been outlawed by triggering gambling compulsions.

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Rant Time: Is Apple protecting our devices better than Google?

Posted in Apple, botch, business, Google, mobile devices, security by commorancy on August 20, 2020

While many people believe that Google’s App store is a far inferior store to Apple’s app store, there is also a misplaced belief that Apple’s store offers more propriety than Google’s Play store. We need to understand more about both ecosystems to better understand the answer to this article’s question. Let’s explore.

App Protection

Certainly, iOS appears to be more resilient to malware on the surface, but is it? Google’s Android also appears way more prone to malware on its surface, but is it? We need to understand more about both of these operating systems and each OS’s overall ecosystems.

Let’s understand better how and why Apple has garnered its appearance of propriety, with “appearance” being the operative word. The first reason that Apple appears to have a better system in place is primarily because iOS doesn’t allow side loading of apps. What is side loading? Side loading is the ability for the user to load apps outside of the Android app store, for example using a USB cable or, more importantly, by downloading an ‘APK‘ file directly to your device from any web site.

While there are means and methods of side loading apps on iOS, it can only be done through Apple’s developer toolkit. You cannot perform this process directly on a phone in the wild. You can’t even do it with iTunes. If you had even wanted to side load an app, you’d have to jump through some fairly complicated hoops to make that happen on iOS. Because of this one thing, this forces you to download ALL apps from the App store.

On Android, you can not only use the App store to download apps, but more importantly, you can side load them. Side loading an app on Android does require some security setting changes, but this change is easily done in about 3 simple steps.

Does side-loading account for all of Google’s malware?

No, it doesn’t. After all, there are many who likely haven’t changed the necessary side-loading parameters and have still been hit by malware. So then, how did the malware get onto their phone? Likely, through the App store directly.

One App Store

Here we come to the second reason why propriety seems to prevail at Apple. With Apple, there is one and only one app store. With Google, there are many, too many. Google not only runs Google Play, but there are many other App stores including:

  • Amazon
  • Samsung Galaxy Apps
  • Aptoid
  • Sony Apps
  • Huawei App Store
  • F-Droid
  • GetJar
  • AppBrain
  • SlideMe
  • 1Mobile
  • Opera Mobile Store
  • Appolicious
  • NexVa
  • Kongregate
  • Appland
  • Itch.io

These stores are all independently owned and operated. This is not a complete Android app store list, but it gives you an example of how many different app stores are available for Android. This is significantly different from Apple’s iOS, which only supports one app store and that store is operated by Apple and Apple alone.

There is no such thing as a third party app store for iOS. It simply doesn’t exist.

Multiple App Stores

Because of Google’s insane choice to allow many app stores to operate simultaneously by different companies, Android users are at the mercy of each of those app store’s propriety. The difficulty is, there’s no rhyme or reason or protection afforded by many of these app stores, let alone Google Play. The secondary problem is that some of these app stores come preloaded as the primary download store on some Android devices.

Clearly, Google branded devices come shipped with Google Play set up. Amazon devices some shipped to use the Amazon app store. However, no-named brand Android devices likely come shipped with one of the above non-Google stores installed. In fact, it could even be set up to a store not in the above list… a store operated by the manufacturer of the device.

Careful with that App

The difficulty with multiple app stores is one of, you guessed it, propriety. What I mean by using this specific word ‘propriety’ is the app store’s ability to police its content for completeness, functionality and, yes, malware. In short, propriety is a company’s ability to protect its download users from malware or dangerous software.

The difficulty is that while Google might have enough money to throw at App vetting to ensure higher quality apps reach its stores, not every store in that list has the money to afford that level of commitment.

What this means for consumers is, when you use a random app store, you take your chances with malware. Multiple stores combined with side loading is nearly the sole reason why Android gets a bad rap for malware. These two things are something Apple doesn’t do in its ecosystem. For Android, it’s worse still. As a consumer of a device, you don’t really know which app store is the default on your device. Most app store manufacturers properly label their apps, but cheaper devices made by random Chinese manufacturers tend to play games with naming and might name their app store app Goggle Play or Gooogle Play or even simply Play Store. There are many ways that manufacturers of cheap phone devices can trick you into thinking that you’re getting your apps from Google’s store… when, in fact, you’re not.

Not only are there too many app stores that can provide questionable apps, Android has been licensed by so many random Chinese manufacturers (okay, so perhaps licensed isn’t necessarily the correct word here… it’s more like, ripped off). Anyway, if you buy into any of these super cheap Chinese phone brands, you have no idea where your apps are really coming from. Although, because it’s Android, you should be able to load Google’s Play store (the real thing) and use those apps instead… with should being the operative word. The device manufacturer could have instituted a block to prevent the use of the Google Play store.

However, replacing a crap store with Google Play typically takes effort on the part of the consumer… that and knowledge that they must take this step. Most consumers are oblivious to this aspect of their phone’s use and naturally assume the included app store is looking out for their phone’s well-being and their own best interest. You should never assume this, not even with Apple devices.

Apple’s App Store

Here we circle back around to Apple. We are beginning to see why Android is in the state that it’s in, but how much better is Apple’s ecosystem of devices?

A lot of people believe that because there’s only one iOS app store and because Apple is the sole operator of that store that this somehow makes Apple devices safer to use.

Security through Obscurity

This is a phrase tossed around in the security communities. What it means is that because a platform is more obscure (more exclusive and closed), that that somehow makes the platform safer to use. Security through obscurity works maybe 10% of the time. Maybe. The other 90% of the time it’s less about obscurity and more about best practices.

For example, you should never load random apps from any store. It doesn’t matter if it’s Android or Apple. If you don’t know anything about the developer, you shouldn’t trust them. Why?

App Store Approval Process

Apple’s app store approves apps for release into the store based on specific usability criteria. For example, that the developer is not including terms-of-service restricted content or features. Restricted content being whatever Apple or Google or that specific app store deems off limits within an application.

The developer must verbally or on a written form affirm that their app does not contain such restricted content when submitting it for approval. Even then, Apple may or may not be able to verify such an affirmation. Basically, developers can lie and say their app doesn’t do something that it does, in fact, do. Apple and/or Google may not be able to see the app doing it until that specific set of code in the app is triggered. In other words, the app may appear totally genuine enough to pass Apple’s and Google’s store submission criteria.

We have seen some apps which have been released into the app store as a result of such affirmations only to be pulled from the store when it is found that the developer lied about what was affirmed and stated to have not been included in the app. Apple doesn’t take kindly to lying about app features, particularly when you can see the app doing things it shouldn’t be doing.

Apple is relatively quick on removals of offending content from its app store. Google Play and other Android stores may not be quite so nimble in this process. In fact, many of the third party stores may not even police their apps at all. Once it’s in the their store, it may be there more-or-less permanently. Apple is much more active and selective with maintaining that their apps are upholding developer agreements. However, there is a limit to even Apple’s propriety.

Epic Games

This is a recent fight between Apple and Epic Games. Epic Games apparently decided to change the way it utilized in-game purchases, which has since culminated in Apple rescinding Epic Games’s license to use Apple’s developer tools. Both Apple and Google have since removed Fortnite from their respective app stores citing violation of the store’s terms.

In-app payments require that developers hand over a portion of their profits to Apple and Google. However, there are ways of circumventing that by including outside payment systems in apps. I don’t know exactly what was included by Fortnite that triggered this specific problem, but apparently Epic wasn’t satisfied by Apple’s greedy in-app payment system and decided to take a stand.

Some may think this is about consumer protection. It’s not. It’s about Apple profiteering protection. Apple cites its terms that apply equally to all developers, but in fact, this specific condition is intended to maintain Apple’s profits. Yes, it does apply to all developers (well, almost all developers… see Amazon below), but it is also a condition that is unfavorable to developers and extremely favorable to Apple’s bottom line.

Ramifications

Apple picked a fight with the wrong company in this “epic” (ahem) fight. Epic Games also happens to be the developer of the Unreal game engine. This is a very widely used game engine throughout the gaming industry. It’s probably one of THE most commonly used engines, particularly on gaming consoles.

Without access to Apple’s iOS developer tools, this engine is effectively dead on iOS (and MacOS) devices. Worse, developers who rely on Unreal to drive their own iOS games may soon find that they have to find another game engine. These Unreal engine users may wake up to find their Unreal-based game removed from Apple’s app store as a side effect of Epic Games’s removal.

If Unreal can’t be supported, then neither can the games that utilize this engine. This Epic Games fight has deep reaching ramifications for not only Apple, but also impacts every iOS device owner and every developer that uses Unreal to drive their game. If that game you love was built around Unreal, you may find that app no longer available in just a few weeks.

If you have the app downloaded onto your device, you can still use it. Bought a new Apple device? Well, don’t expect to cloud download that app again if it’s been removed. You’ll need to rely on iTunes backup and restore instead of Apple’s cloud storage… which relies on downloading the app again from the app store. If it’s been removed, the app will be unavailable. Only backing up and restoring through iTunes will recover apps you presently have on your phone device and which are no longer in Apple’s app store. Didn’t do this? Oh, well. That app is gone.

Apple’s Ramifications

Apple’s once burgeoning gaming section may soon become a ghost town. Maybe this is an exaggeration, but maybe not? Let me explain. The loss of the Unreal engine from the iOS platform is a huge blow to iOS game developers worldwide. It means game developers must either now build their own engine instead (to avoid such engine removals in the future) or rely on another gaming engine that supports iOS (at the peril of it being removed in the future).

Apple is effectively “Cutting off its nose to spite its face”. In other words, Apple has most likely done more long term damage to its own brand and products than it has done in short term damage to Epic Games. Sure, Epic’s loss of Fortnite on iOS is a big loss to Epic, but Apple’s loss of the Unreal engine is a much, much bigger problem for Apple.

If developers can no longer turn to the Unreal engine for use on iOS, then that means fewer games will be developed for iOS… at a time when iOS doesn’t need this gaming speed bump. Fewer games developed means fewer game apps in the app store. Fewer game apps means less revenue for Apple. Basically, Apple’s loss of revenue from cutting off developer access to the Unreal engine will come back to bite Apple hard in the ass.

Apple relies on that in-app revenue for its continued operation of the App store. If that revenue dries up, well so too will iOS devices while also undercutting MacOS notebook sales. It’s not just about Fortnite here. It’s about every iOS game using Unreal that also uses in-app payments legitimately. People won’t buy into a mobile platform when they can no longer find and play their favorite games, particularly if those games are on other platforms. The loss of the Unreal game engine is a big deal to Apple. Considering Apple’s paltry 10-13% mobile device market share as of 2019 (and shrinking), killing off development tools that bring revenue to the platform should be a big deal to Apple, one would think.

However, there are still other game engines that developers can use, such as Unity, BuildBox and AppGameKit. With the loss of the Unreal engine, of which many, many games are built on consoles, that means straight ports of well recognized and popular console games to iOS will become almost impossible. Very few console developers choose Unity and none use BuildBox or AppGameKit.

If Apple was hoping to pull over the bigger console titles onto iOS, they’ve just lost that opportunity by kicking Epic Games off of their platform. No console developer will spend several years porting their Unreal based game to Unity or one of the other game development kits. Without Unreal on iOS, the much larger money making console games will forever be locked out of iOS, simply because of Apple’s stupidity.

Instead of trying to work through a compromise with Epic Games over this issue, they simply pulled the plug. They’ve “thrown the baby out with the bathwater”. They’ve as I said above, “Cut off their nose to spite their face.”

Apple’s Stupidity

This is a huge blow to iOS devices and to consumers alike. Within the next year or so without Epic Games support on iOS, Apple’s gaming community is likely to dry up. Games like Fortnite can no longer come to exist on Apple’s platform because of the loss of the Unreal engine.

There is a bigger danger to using a third party game engines for iOS games. If you, as a developer, settle on a third party game engine and that engine developer has a fight with Apple thus causing their developer licenses to be rescinded, just like Epic Games, you could see your game pulled from the store or, more importantly, obsolete by the next yearly iOS release. This whole Epic fight has some serious ramifications to the gaming industry.

I guarantee that with Epic Games being pulled from the Apple platform and if this is allowed to stand going forward, Apple’s usefulness as a gaming platform will greatly diminish. Not instantly, but definitely over time. It will definitely erode confidence in iOS and MacOS as a gaming platform.

Lest you think I’m being overly dramatic, I suggest you look at this very long Wikipedia page and see the list of games produced using Unreal for consoles, specifically Unreal Engine 4. Every single one of these games had the potential of making their way to iOS or even MacOS. This hope is now lost. The loss of the Unreal engine on Apple’s ecosystem is a loss to the entirety of Apple’s devices.

If Apple had designs of getting into gaming, they summarily lost that hope in one fell swoop. What’s worse is that other game developers may follow suit and voluntarily pull their engines from Apple’s devices as well, leaving only the smallest and crappiest of game development engines available for iOS devices… firmly dragging Apple’s devices back into the stone age for gaming. The best you can hope are the silly finger swipe games that leave you bored in less than 15 minutes.

Sure, Bethesda, Ubisoft and Activision may continue to maintain their proprietary engines on iOS and MacOS for their specific games, but up-and-coming and existing Unreal console developers alike have lost any iOS portability inroads they might have seen on the horizon.

Though, I suppose this situation is a win for Sony’s PlayStation and Microsoft’s Xbox consoles… and consoles in general.

Epic Games Ramifications

I would be remiss without discussing the ramifications to Epic Games, also. Certainly, Epic Games has lost a huge platform for both Fortnite and the Unreal engine … well, two with the additional loss of Google’s Play store. Though, I don’t think that Google has yet rescinded Epic’s developer license for Android. As a result, would-be game developers considering which engine to choose will not choose Unreal if they have eyes on iOS, MacOS or possibly Android (depending on how far Google takes this). For game developers who’ve already chosen Unreal, it’s probably too late to undo that choice. Game developers in the planning stages can reconsider which engine to choose.

Epic Games Unreal engine may not fall out of favor with the game development community. It was formerly an engine developers could rely on, more specifically for a wide range of platform support. With the loss of iOS and Android, that leaves a big hole for the Unreal engine, and Epic Games. That’s basically the loss of every mobile platform! Epic Games chose this battle by not wanting to follow Apple’s greedy rules.

Honestly, I don’t blame Epic. Amazon fought with Apple over these very same rules a long while back. Amazon chose to remove all ability to buy anything via their apps. Though, the Amazon app seems to have regained its ability to purchase junk, but I’ve no idea how they’ve worked this with Apple. Epic should cite Amazon app’s ability to purchase products using a third party payment processor. If Amazon can do this, Epic should be able to as well. It seems that even Apple isn’t following its own “all developers are equal” rules.

Tim Sweeney, Epic Games CEO, should call out this incongruity in Apple’s “equal” application its app store terms and conditions. If Epic Games is violating Apple’s purchasing rules, then so is Amazon… and so is any other company who is able to offer purchases using their own third party payment processor.

However, that doesn’t leave Epic Games without problems. Without iOS and Android for not only Fortnite, that leaves a huge revenue stream hole for Epic Games. That’s the downside for Epic. That and the loss of being able to license the Unreal engine to would-be iOS and potentially, depending on how far Google takes this, Android developers.

TikTok and WeChat

Beyond Epic, there are other problems brewing at Apple. The problem with Apple’s app store is that it will accept and publish apps from any developer from any part of the world. Yes, even communist bloc countries like China and Russia.

What does this mean for you as a consumer? It could mean spying, malware and theft of your data. Apps like WeChat and TikTok originated in China. These are apps that were intentionally designed and released by Chinese people who live in China and who have no ties to the U.S. and who don’t care about data privacy, your data or anything else about you. They don’t even have to follow United States laws. They want your money and they’ll do whatever they can to get it. They don’t care if they have to step on your toes (or turn on your camera and microphone at inappropriate times) to do it.

Apple has been entirely remiss in this area of vetting apps. Can we trust apps developed and produced entirely in China or Russia? Yet, Apple has published these apps to the App store and still allows them to remain in the store. But… Epic Games, a U.S. based game developer, can’t keep their app in the store because of silly in-app purchases? It’s perfectly okay to allow apps to spy and steal data for communist bloc countries, but it’s not okay for a U.S. developer to want to use a third-party payment processor. Yeah, Apple’s priorities are entirely effed up.

Apple’s values at this point are entirely suspect. What Apple has done to Epic is retaliation. It has nothing to do with propriety or consumer safety. It has to do with ensuring Apple’s revenue remains intact. If it were about consumer safety, Apple would have not only re-reviewed WeChat and TikTok for appropriateness the moment the President called them out, they would have been removed from the store.

This is where we learn Apple is not about propriety, it’s about making money. Losing the ability to make money from Fortnite (and by extension the Unreal engine) is way bigger of a deal than allowing Tencent and ByteDance to use their respective apps to potentially spy on U.S. consumers.

Here’s where consumers get lost in the mire and murk of it all. Apple’s silly hide-everything-from-everyone ideals allow this sort of behavior from developers to fester. Developers get to hide behind Apple’s veil of secrecy and “wall of friendliness” so that apps like WeChat and TikTok can flourish without consumers being the wiser.

Yet, here we are. Chinese and Russian apps are infiltrating Apple’s store with careless abandon, some of these are taking the Internet by storm, like TikTok. ByteDance rolled the big one with TikTok and now they can roll out spying measures if they wish, assuming they haven’t already.

I look on anything coming out of China as suspect. Most products coming out of China are third rate products that fall apart as soon as you sneeze on them. Many are counterfeit or are a stolen designs from an original product created outside of China. Clearly, China’s ability to innovate is limited. Instead, Chinese engineers must reverse engineer an existing design that originated outside of China only then to build their thing based on that existing design. Copying is said to be the highest form of flattery, but in this case it’s intellectual property theft.

With products that don’t need the Internet, such as a toaster oven or a microwave or a fridge, other than their possibility of falling apart or harming you physically, they can’t steal personal data or spy on you. Like physically harming you with junk appliances from China, downloading apps from an app store can be equally harming to you. They can steal keyboard input, turn on microphones and cameras at inappropriate times, grab your photos… they can even monitor which apps you use and watch your movement around the city via GPS on your phone. There’s so much data they can collect about you, including the contacts in your phone book.

By installing one of these communist bloc apps, there’s literally a mountain of data they can learn about you from your device. Spying? That’s literally an understatement.

Apple has given the communist bloc countries carte blanche access to U.S. owned devices through iOS. Google has done the same with Android. Worse, both Apple and Google are doing absolutely NOTHING about this. Treason by U.S. companies? That’s an understatement. They not only allow these apps to be published, they’re endorsing them… and some of Apple’s and Google’s own developers may even be using these apps personally. Talk about inception.

Spying

Spying was formerly thought to be about covert operatives running around gathering intel with crude and rudimentary devices in black garb. Today, it can be done in broad daylight using every person’s very own cell phone right in their hand.

Need access to listen in on a conversation at a specific GPS point… I can just hear someone say, “Let’s see which of our apps are on devices close to that location.” Yeah, this is a real thing. Simply enable the microphone and possibly even the outward camera and BOOM, you’ve got access to immediate intel relayed instantly back to you in real-time.

Yeah, that’s the danger of social apps like TikTok and WeChat. They can be used to eavesdrop on anyone anywhere. You only need to give access to the camera and microphone and boom, they’ve got access anywhere the app owners wish.

Apple can thwart this possibility potentially, but only if they add some heavy restrictions for when and how these devices may be used. Like, for example, these devices can only be enabled when the app is the front most active app and the screen is on (i.e., the user is accessing the screen). Even then, access to these devices should always require positive confirmation to use them every single time. Without positive confirmation, these devices cannot be enabled remotely.

Otherwise, spying is already here. Nefarious apps can listen in on what you are doing without your knowledge. They may even be able to switch on the camera and stream video data back to whomever. Yeah, bad news here.

Malware

Many people think malware means software that intends to cause malicious harm to your device. It doesn’t only mean that. Malware covers a lot of territory including spyware, malicious software, ransomware and many, many other types.

Any type of software designed to subvert your device for someone else’s use is considered malware. Don’t limit your thoughts to only software that intends to erase or destroy data. It doesn’t end there. It begins there. It ends with any software of malicious intent, including any software that is designed to spy on you, steal your data, copy data from your device or attempt to get you to do things that might compromise not only your phone, but also your personal finances.

However, the days of overt malware are firmly over. Now we’re seeing a new wave of software that makes itself appear legitimate by offering seeming legitimate services, but which have malware belying that happy-go-lucky façade. It’s the software version of social engineering. They trick you in believing you’re getting a real legitimate app, but underneath, these apps are doing things they shouldn’t be doing.

This is a new wave of bad news rolled into one app. No one can know the ultimate intentions of an app producer. Hopefully and trustingly, we put our faith into the developers hands to “do the right thing”, to be upstanding and give us an app that does only what it claims.

Unfortunately, we’ve moved into an era that’s now firmly gone beyond this. If you’re getting an app from a U.S. developer, you can pretty much be assured that what the app says that it does, it actually does do… and nothing beyond that. That’s a given because U.S. companies must follow U.S. laws. With apps coming from China or Russia or Cuba or Vietnam or even North Korea (don’t kid yourselves here), you have no idea what their ultimate motives for producing that app are. Worse, they are not required to follow United States laws. Yeah, and that’s the problem in a nutshell.

Apple and Google’s trusting nature

These communist countries not only see the dollar potential wrapped up in these apps, but they also see the spying potential above the dollars. Not only can they divert U.S. dollars outside of the country to fund who-knows-what, they can steal your data and spy on you, too.

Why? Because Apple and Google are far too trusting and let them do it. They believe that developers will be good neighbors and not do untrustworthy things. Apple and Google are both trapped into believing that everyone will follow United States laws. Naïve! Unfortunately, that trusting nature is now being used against both Apple and Google… though, Google more than Apple by these communist countries. Google devices way outpace Apple’s devices in market share. In 2019, Apple’s devices made up just ~13% of the market, where Google’s Android devices made up a whopping 87%! Together, Apple and Google make up close to 100% of the market, with the small remaining percent running other mobile operating systems (yes, there are a few).

For Google’s saturation reason, it’s no wonder why malware authors are targeting Google over Apple. It’s a simple matter of low-hanging fruit. Google’s fractured stores and litany of device problems has led to where we are. Malware authors can have a field day with Google’s devices because they can take advantage of these tinier stores with much reduced release restrictions. It’s easy, then, for small indie developers to release malware onto Android… far too easy. It’s much more difficult to do this same thing on Apple devices. That is, until you realize exactly how developers are outwitting Apple’s far-too-trusting nature.

Once not-so-upstanding developers understand they can disguise malware underneath a legitimate service, they can then push that service out to app stores (with Apple’s blessing) and get people to use it, in similar form to TikTok. In fact, perhaps the app was even released without the malware to have the appearance of propriety (and to pass Apple’s initial scrutiny). Then, after enough momentum has been reached, the app developer can then slowly release updates containing bits of malware at a time. As far as I know, Apple doesn’t put the same level of scrutiny into app updates as it puts into new app listings. Apple’s hands off approach to updates means the author can slip bad features into updates under Apple’s and our noses and none will be the wiser.

Security Considerations

You always have to really think 🤔 about what apps you have installed and why you’ve installed them. More than that, you need to find out who specifically is developing your apps and where they are in the world. You might be surprised to find that the author doesn’t live in the country where you reside. If the author isn’t in your country of residence, they don’t have to follow your country’s laws for, well, anything.

Of course, you never know what an app author intends by writing and releasing an app. Even the money making aspect on the surface may not be the actual agenda. Hopefully, the app’s purported use case (making money) is the only reason the app exists. Unfortunately, subversion seems to be becoming more and more common in apps, particularly those that may not be developed in the same country where you reside.

For example, someone who develops an app in China doesn’t have to follow the laws of any other country than China. Meaning, if the app developer decides to include spyware, no laws will apply to that developer other than Chinese law. Even then, since they weren’t spying on Chinese citizens, they likely won’t be seen as having violated any Chinese laws… even when spying on citizens in other countries. Because the U.S. can’t apply laws to Chinese citizens, any spying that may have taken place is damage already done. The only action that can be taken is banning the app entirely from the U.S., just as Trump had wanted to do with TikTok.

Every mobile device user must remain on their toes. You can’t assume that Apple’s closed store nature will protect you from spying or data theft (all forms of malware). Apple is way too naïve for that. Instead, you must do the research yourself. Determine who develops an app you intend to install. Find out where they live in the world. If they live in a country where you do not, your local laws will not apply if the developer includes illegal activities in your place of residence. This means they can do a lot of nefarious things and never be caught at it, particularly if they live in a country like China.

If you want to safeguard your own data, don’t install apps without knowing where the author lives. No, not Android and not even on iOS devices. No, not even on… and especially not on company owned devices.

In this day and age of anyone and everyone who can design and build an app basdd anywhere in the world, we’ve firmly come to a time where our devices can be used to spy on us and those around us simply because we’ve installed a random app.

It’s now only a matter of time before government policies catch up with this technology trend and new laws begin emerging which intend to hold device owners responsible for treason when an app spies on and funnels data outside of your country of residence.

In answer to the article’s primary question. No, neither Google nor Apple is better at protecting our devices from malware. However, while the overt malware may be less common on Apple devices, Apple’s and Google’s trusting nature is now firmly subverting our devices for foreign spying activities… particularly when these apps are designed to intentionally use the camera and microphone.

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Gaming Breaking Bugs Series #1: Fallout 76

Posted in botch, business, gaming, video game design, video gaming by commorancy on August 16, 2020

With this series, I intend to start calling out video gaming’s game-breaking-bugs as I find them and boy are there a lot to report with Fallout 76. Here is report I recently filed with Bethesda. Let’s explore.

Report

Re: Enemies not dying after multiple shots.

It is truly becoming impossible to play Fallout 76. That’s not an exaggeration. I’m using various ranged weapons and it can literally take 2, 3 even sometimes 4 (or more) shots to actually kill an enemy that should die in 1 shot. This MUST be solved. Combat is intrinsic to this game. When combat doesn’t work, then the game is broken.

How this problem manifests…

It begins when you attempt to VATS shoot an enemy. It doesn’t matter where you shoot the enemy, but the head is usually the place where combat fails most often. I have a bloodied Lever Action and a bloodied Pipe Bolt Action Pistol. I’ve also had this problem occur with various melee weapons. So, it’s not limited to any specific weapon or type.

You begin by using VATS on the head using Concentrated Fire. Take the shot. The shot connects. The thud sounds. The enemy’s health bar drops to 0. Then, inexplicably, the health bar instantly recovers to full health and the enemy is alive to lunge or shoot at you. Not only that, the failed shot alerts the enemy to your presence. You can perform this action multiple times in a row to the same effect. It doesn’t matter if it’s a Ghoul, insects, a Super Mutant, dogs or a robot. This broken combat mechanic affects every weapon type and every enemy type.

To 100% reproduce this bug, sneak your way into The Whitespring Golf Club, head to the left on the upper level. Then as you come through the door, there is an enemy that spawns right near the back left window in a corner.

Once you have cleared the rest of the ghouls in that room, stand by the entry hall area and attempt to VATS shoot this specific Ghoul in the head. It may take 2, 3, 4 or more shots before it will die. Targeting the limbs or torso sometimes works around this game breaking bug, but sometimes it doesn’t. Sometimes using a scope instead of VATS works, sometimes it doesn’t.

It’s one thing if the shot misses entirely, it’s completely another when the shot connects, makes a thud noise, shows a 1200 damage number also showing the enemy health bar dropping to zero and then the enemy’s health bar magically recovers fully? No, these are NOT legendary enemies.

This combat issue needs to be resolved pronto as this is literally a game breaking combat bug.

Expected Behavior

When you shoot an enemy and the bullet is recognized by the game engine as connecting, then the enemy needs to take the required amount of damage and/or die if health reaches zero. This combat bug is entirely unacceptable.

Enjoy this bug as this series has many more coming. If you have experienced this specific combat bug, please leave a comment below.

Why Fallout 76 sucks badly

Posted in botch, business, video game, video game design by commorancy on July 26, 2020

NPCsWhenever I play Fallout 76, I just want to pull my hair out. This game is so fraught with bugs, poor design, piss poor consistency and overall crap gameplay, it’s a wonder anyone wants to actually play this turd of a game at all. And, it gets worse with every release. Let’s explore this crap game in all of its crap glory.

Bugs Bethesda Won’t Fix

One of the most infuriating things about this game is its incessant bugs which Bethesda has consistently refused to fix. Some of these bugs have existed since before the release in the Beta (if you can even call one week of early play “beta testing”).

Here’s a non-exhaustive list of gameplay bugs I’ve run into with this game (in no particular order):

  1. Getting in and out of power armor breaks mutations, specifically Speed Demon. This bug persists until you log out and back in. If you use power armor at all, this mutation remains broken while both IN and OUT of power armor. This is a new regression bug and didn’t exist early in the game’s life.
  2. When playing sneaky while crouching, the game will sometimes overload the fire gun action onto the run button and fire your weapon when you attempt to run from the crouching position. This happens with any weapon. Not only does this waste ammo, you may be forced to reload your weapon, wasting time. This is an older bug and has existed for at least 6-9 months.
  3. Getting stuck in power armor. While this bug has supposedly been fixed, I have run into occasions where it is impossible to exit power armor. It clearly is not fixed. This bug has existed since Beta.
  4. Getting stuck in VATS. This is a new bug that sees you pull VATS only to find that the game won’t let you exit it, while allowing the enemies to attack you without any resistance. This is a recent bug, but existed before Wastelanders.
  5. Enemies staggering the player. This is a new bug that sees enemy stagger your player for longer amounts of time. Like getting stuck in VATS, you are unable to move or fire your weapon for up to 5-10 seconds, all while letting hordes of creatures attack and kill you. This may have been introduced in Wastelanders.
  6. Camp over budget after update. This one begins after you buy and install Atomic Shop items into your camp. After an update, Bethesda will raise the budget of SOME item(s) in your camp substantially causing your camp’s budget to go WAY over. There’s no way to know what is causing the issue or resolve it without randomly deleting camp items one by one.
  7. Toxic Goo fails to work. After your character dies and respawns, Toxic Goo doesn’t work for up to 1 minute (or longer) after a load-in or respawn. You’ll end up wasting goo after goo after goo trying to get it to work. This affects Bloodied builds.
  8. Loss of certain perks, but not all, after your character dies. Yes, I consider this a bug. There is no reason why this exists in the game. The Well Rested and Well Tuned perks disappear after the character dies and respawns. You are forced back to your camp to sleep and play an instrument again to refresh these. This is a bug that, I think, has been in the game since the start.
  9. Can’t choose respawn point after character death. This bug has been in the game since day one. Under certain conditions, if your character dies, the game will give you zero respawn points on the map. You are forced to log out and log back in… losing any dropped loot and any other benefits you may have had coming. Day 1 bug.
  10. VATS accuracy…. When the game first arrived, VATS could reach 100%. After a ‘balancing’ update, this has been visually reduced to a maximum of 95% at all times (no matter how close the enemy is to you). This is a ridiculous change. However, during this ‘rebalance’, Bethesda introduced two VATS percentages (one you see visually and one you don’t). The one you don’t see is the one that determines whether the bullet will hit. This has caused VATS to become mostly unusable, particularly when combined with bug #4 and specifically with certain weapons. It fares even worse when attempting to use the Concentrated Fire perk card.
  11. After loading into the game world, the game client runs a background process to synchronize the game to the remote game world server. This process takes at least 5-10 minutes to complete. It’s very slow. While this background process is running, you can’t craft on a workbench as the workbench stutters on and off while this synchronization process runs. This is a new bug introduced within the last 6-9 months. It existed before Wastelanders. This bug prevents using workbenches for at least 10 minutes after you’ve loaded into the game world.
  12. In-Game Music can’t be controlled with volume settings slider. A volume slider for music was introduced into the game client, but it has been selectively applied to only certain music. For example, music inside of Whitesprings, inside of Valley Galleria and with musical instruments are not covered by this volume slider. You must endure this music in the world regardless of your settings.
  13. Main Menu Music Slider settings. This one is also broken. While it does not play music on the main menu on the PS4, it does not at all work on the Xbox One. Worse, after a few minutes inside of the Atomic Shop and after the music changes, the music will begin playing at full volume in the Atomic Shop. This slider is only minimally effective at doing what it’s supposed to do.
  14. Challenges don’t work. This is an ongoing problem. If you’ve bought into Bethesda’s Fallout 76 challenge system, then that means doing whatever convoluted activities are needed to win that challenge. Some challenges require you to perform multiple activities to win the challenge. Because of these multiple activities, if one of them does not register after completion, the entire challenge fails. This is one way challenges don’t work.

    The second way challenges fail to work is if you do perform all of the actions successfully and receive a check mark, but the overall challenge doesn’t reward its bounty to you. Both of these are firmly broken. Even the newest update to the Legendary Run suffers from this same bug. You can perform everything required of the challenge and still not see the 1000 score you’re supposed to receive. Bethesda support won’t help with these failures. You’re just shit-outta-luck. Bethesda simply doesn’t support the game or gamers who are playing this game. These are Day 1 bugs.
  15. Blue Screen Crash… yes, these still exist. I regularly experience these crash-to-the-dashboard bugs about once every day or so. They are about as frequent as they were when the game was released. This is partly because of the memory issues.
  16. Level of Detail Image Rendering… this bug as existed since day one. As you approach objects, the game won’t load in the higher res texture version until you’re standing on top of the object (literally). Even then, it may take 1 minute before the higher res texture loads in. It’s a cosmetic bug, but who wants to look at blurry 8 bit textures?
  17. Fast Travel Bug — Here’s a bug that has existed since day one. You open the map and select a travel point, choose to pay the caps and then …. nothing. The map exits and you’re back in the game. You haven’t fast traveled and nothing has happened. Worse, you try again and it does the exact same thing. This bug is annoying, frustrating and shouldn’t even exist.
  18. Workshop Bug — Here’s a regression bug. This bug existed a week or so after release. It was gone for a long time, but now it’s come back in the latest update: v1.3.2.9. Under some conditions, the workshop icon reverts to the older “regular” icon. As a result, the game requires you to pay caps to travel to your owned workshop.
  19. Bethesda Math — Here’s a bug (several actually), but this one’s very very subtle with the perk cards and with damage multipliers. Bethesda sucks really hard at math and they hope that players won’t notice. Too late, we have. When Bethesda calculates damage multipliers, it rarely does so accurately. For example, a multiplier card might say “does 30% more damage”, but in reality it may calculate out 28% more or 25% more or some random value way less than 30%.

    You can see this in action after enabling damage numbers on your weapon. If you calculate out the number shown, you’ll find that the damage is far, far less than what the gun claims to offer with the damage multipliers. This is just one way that Bethesda reduces the damage level of weapons without showing that reduced damage in the weapon info panel.

    This further continues in the weapon info panel as well by not accurately calculating the damage multipliers within this panel. While some perk cards offer exact damage multipliers, many of these cards offer nebulous increases like, “does more”, “does even more”, “does substantially more” without stating any numbers. This allows Bethesda to modify these nebulous cards at their whims on each release, so you never know exactly what those nebulous cards are actually giving you. In many cases, they don’t give you anything. As for the hard number cards, it only stacks these multipliers by calculating from the gun’s base damage level. For example, if you put on cards each offering 10% damage, it will be stacked like so:

    Gun base damage = 197
    Gun + 10% damage = 197 + 19.7 = 217
    Gun + 20% damage = 217 + 19.7 = 237
    Gun + 30% damage = 237 + 19.7 = 257
    and so on…

    Basically, Bethesda calculates the value based on the current gun value + the % to be applied. It doesn’t add by stacking. If it added by stacking, 60% more damage would stack like this:

    Gun base damage = 197
    Gun + 10% damage = 197 + 19.7 = 217
    Gun + 10% more damage = 217 + 21.7 = 239
    Gun + 10% more damage = 239 + 23.9 = 263
    Gun + 10% more damage = 263 + 26.3 = 289
    Gun + 10% more damage = 289 + 28.9 = 318
    Gun + 10% more damage = 318 + 31.8 = 350
    and so on… but this is not how Bethesda does math during stacking.

    Worse, guns with +30% damage to Scorched (Zealots) or 30% damage to animals (Hunter’s) never see these percentages reflected in the gun’s damage information panel. You have no idea if the gun is actually giving you that extra % damage.

    Even worse, when you kill something with damage multipliers on, you almost never see the damage level of the gun reflected in the damage number seen on the enemy. For example, with the 257 damage listed above, if this is an Instigating rifle, it would do double damage to an enemy with full health. This means that at 2x, Instigating damage should do 514 damage to an enemy. With sneaking, it should double that to 1028. However, shooting an enemy with sneak might show way less than that damage inflicted. Damage to an enemy should reflect actual gun damage.
  20. VATS + Accuracy … this bug has been ongoing since day one, but affects some weapons more than others. For example, neither has the Tesla nor the Gauss rifle ever properly worked with VATS. Using these weapons is more likely to miss than hit. You waste so much ammo using VATS with these weapons, it’s not even worth considering. For every one shot that hits, you might have 10 that fail… even with high accuracy, even if you have the +33% VATS accuracy legendary perk, even with all of your best perk cards equipped, these electric weapons are the worst for VATS.

    Even the Pipe Bolt-Action Pistol fares poorly with VATS. This weapon when set up correctly can have an accuracy of 108, yet it acts as if it as an accuracy of 2. It misses way more often than it hits. This is a VATS problem. In fact, I find that using the scope fares way better than relying on VATS.
  21. Gauss Rifle Wind Up and Misfire — this bug has been ongoing since a week or so after release. You can press and hold the trigger to power up the Gauss, but upon release, you only hear a sad sputter and then nothing. The rifle misfires. This is the only weapon in the game that misfires. I’ve given up using the Gauss rifle entirely because of this one bug that Bethesda refuses to fix.
  22. Bullet Connects, Does 1000+ Damage, Health Wiped, Enemy Lives — this is a new bug, but I believe has existed for quite some time and is a regression from early in the game’s life. You can shoot an enemy point blank in the head, the heath bar is reduced to 0, but the enemy’s health bar goes back to full and lives to fight. This is not a legendary enemy. I’ve run into this bug with Ghouls and Robots alike. There is nothing you can do but shoot again and hope it will kill the enemy. This bug seems specific to shooting the enemy in the head, but can occur shooting any body part. Collision detection on this game is piss poor, to say the least.
  23. Delbert’s Traditional Chitlins Recipe — Here is a bug that has most definitely existed since day one and before. This recipe is supposed to exist on a piece of notebook paper sitting on a picnic table at Spruce Knob Lake, next to a blue cooler. The note paper is sitting there on the table, but it cannot be retrieved from the table. Bethesda has had this bug reported probably hundreds of times and at least twice by me since launch, yet they have still not yet fixed this very long standing bug. There are supposed to be 13 Delbert’s recipes in this game, but this one is not retrievable, leaving only 12 in the game. It’s anyone’s guess as to what this recipe offers.
  24. Backpacks — In a recent update, Bethesda decided to change how backpack skins work. Instead of selling individual backpacks as they had been formerly doing, they set it up to place skins on top of the generic backpack. In doing so, they introduced two fundamental bugs:

    1) We had to pay to reskin our already skinned backpack, using up more resources again. We had to do this for every backpack we own.

    2) The backpacks no longer sit correctly on the character’s back. Instead of sitting properly on the back, they are now embedded in the back and look crappy when wearing certain bulkier outfits. The original packs adjusted their placement on the back to accommodate outfits and the size of the pack. This new system doesn’t. It inherits the placement of the original skin and assumes that placement is correct for all packs. One of the worst cosmetic bugs in the game.

Perk Card Bugs

Under this section, I call out bugs specific to perk cards that have gone unfixed. They are just as numerous.

  1. Tenderizer — This Charisma perk card simply doesn’t work, it’s as simple as that. It’s supposed to afford an up to 7% bonus damage (3 star card) on every hit after the first, but it doesn’t do anything. Don’t bother equipping this card. I’m not certain if this card has ever worked. Day 1 bug.
  2. Concentrated Fire – This is a card that is supposed to not only allow you to target individual body parts of your enemy, it’s supposed to give bonus damage when you hit that body part. This card performs only one of its two stated perks. While it does allow you to target body parts individually, it does not offer any bonus damage. Day 1 bug.
  3. Super Duper – Lots of bugs here. This card is supposed to offer you a chance to duplicate whatever you are crafting on any crafting bench. This card has multiple problems. Its primary problem is that a 3-Star version is supposed to afford you your best chance at receiving a duplicate. However, ranking this card up to 3 does not increase your chances for a duplicate any more than using a rank 1 card. This card formerly functioned correctly for a short time after the game’s launch, but after a subsequent rebalance, it has been broken since.

    Additionally, this card is entirely selectively applied to certain crafted items and in specific amounts when it does work. For example, attempting to combine a 2 star Ammosmith with 3 star Super Duper doesn’t yield a duplicate number when crafting certain ammo on the Tinker’s Bench. For example, Ammosmith increases the Mini Nuke x3 count to x5. Yet, Super Duper doesn’t provide 10 Mini Nukes when Super Duper fires. Instead, it provides perhaps 6 Mini Nukes, not 10.

    Further, Super Duper formerly alerted us every time it fired letting us see how often it fired and how much extra we might expect. At some point during a ‘rebalance’, Bethesda stopped this every-time notification. Instead, now it only notifies us once inside the bench and once on the way out, no matter how many times it has fired. In other words, you have no way to know exactly how much extra you may have received. If you want to know, you are forced to exit the bench each time Super Duper fires so you can see exactly how many times it has fired while crafting… infuriating.

    I believe this much reduced notification change is because Bethesda reduced the frequency with which Super Duper fires (even at 3 stars) and they didn’t want people to see this lowered fire rate.

    Super Duper has also never been applied to the Brewing Station crafting bench. You can craft whatever you want on the Brewing Station and Super Duper will never duplicate it. This bug has existed since the Brewing Station was introduced. Some of these above are Day 1 bugs including this Brewing Station bug.
  4. Butcher’s Bounty / Scrounger / Cap Collector / Can Do! / Pharma Farma design change. Yes, I also consider this one a bug. Butcher’s Bounty (and the rest of these scrounging cards) formerly allowed us to search containers at any time and, most importantly, after the fact. Can Do! and Pharma Farma and some of the others still do allow after-the-fact searching, but it is now hands off with no button presses. You must look at the container with the card equipped to get the benefits. Before this change, you were forced to pressed a button. After the change, it works simply by looking at the container.

    However, unlike the rest of the cards, Butcher’s Bounty has some severe restrictions placed for how and when it works. It has also seen new bugs introduced. Unlike the rest of these scrounger cards, Butcher’s Bounty no longer allows after-the-fact usage.

    Butcher’s Bounty now requires that you must have killed the creature yourself to be able to search a dead creature and to activate this perk card. Even still, searching a dead animal doesn’t really yield more meat. You hear the chime, but no additional meat seems to appear on the body. You only get what was originally dropped. Butcher’s Bounty is firmly broken. This bug was introduced during the Wastelanders release.

    Additionally, Butcher’s Bounty no longer searches Bloodbugs or Ticks and will not produce any additional bounty from these creatures. There may be other creatures it also fails to search. Ticks contain Tick Blood and this ingredient is important in crafting Stimpaks. Without being able to search Ticks for Tick Blood, this means of crafting Stimpaks is lost.

    Bloodbugs offered Bloodbug meat. Unfortunately, without Butcher’s Bounty, you could rarely ever find Bloodbug meat on a dead Bloodbug. You were nearly always forced to search them with Butcher’s Bounty. Unfortunately, this is another creature whose meat is now entirely extinct. There is no way to craft Bloodbug Pepper Steak… and this now entirely useless in-game recipe is rendered worthless by this specific bug.
  5. Storm Chaser — This perk card is supposed to see you have health regeneration during rain storms. I’ve used this card multiple times in rain storms with no effect. This card is broken.

Regressions

So many of the bugs from the past are actually returning from the past. Particularly duplication bugs. I have grown exceedingly tired of the 12 and 13 year olds whose sole goal is to find some overpowered weapon and dupe the hell out of it so they can make a few caps, caps that don’t make a difference to their game play.

Instead, Bethesda needs to counter these problems by removing this problem from the game. In fact, I’d prefer if Bethesda removed vending entirely from the game. No more sales at all. What you own is yours to keep forever. If you don’t want it, scrip it, scrap it or send it to the game’s void. Nothing at all good has come from player vending. Nothing. The world is not a better place. Vending is a form of paytowin. It’s solely used as a way for players to buy their way into better weapons without having earned those weapons or armor.

The point in Fallout is to earn your weapons from your game play experience… not to buy the weapon from someone else.

Bethesda is already considering doing away with future item vending anyway. As more and more new items are introduced into the game, Bethesda is putting the no-vending restriction onto these newer items. You can’t sell them, you can’t drop them and you can’t transfer them to others. These newly introduced items are yours to keep, but not to sell.

I believe Bethesda is slowly introducing these items into the game to get players used to this new no trading concept. Then, at some point in the future, every new item in the game will be marked as player restricted. At some point, the newest great weapon will not be obtainable by buying it from another player. This change IS coming. Bethesda WILL introduce this in the future. It’s not a matter of IF, it’s a matter of WHEN. Don’t believe me? Just you wait.

Even more bugs

This next bug is one that has existed since the game’s release. The game has completely unresponsive button controls at the most inopportune times. You are forced to press a button twice, three times or more simply to get the game to respond to a button press. Infuriating. You press the button expecting VATS to trigger and it doesn’t. You press it again and again it does nothing. You press it again and it finally triggers. This multiple press issue sees the enemies getting ever closer or out of range. It’s entirely frustrating to have the perfect shot had VATS consistently worked. Instead, you’ve lost that shot because you were forced to press VATS multiple times to get it to activate, way too late to make that perfect shot.

This button press unreliability problem isn’t limited to VATS. It affects all manner of button presses from crafting, to firing your weapon to jumping to running. It doesn’t matter which button it is, they are all equally affected by this unreliability of the game’s controller input system.

I’ve never ever played a game with this amateur level of button unreliability. Never. I’ve been playing games since the Atari 2600 and this is the actual first time I’ve encountered a game with this bad of a controller interface. I cannot believe a top tier developer is putting out games with this low level of quality.

I believe this problem stems from multiple problems. I believe the game is giving priority to the back end synchronization with the server over front end input. This means that the game is willing to sacrifice controller button presses to ensure the game client is properly synchronized with the server. Ultimately, I believe this has to do with using a 20 year old engine and trying to retrofit it into a multiplayer system over the Internet. This engine was not designed for this purpose and the signature of this unreliability is in this game’s random and sporadic failure to read input from the controller.

This leaves the game with an increasingly problematic gameplay experience. This situation has only gotten worse with the game’s age. With each successive update and expansion, Bethesda keeps taxing the game engine more and more. As the game engine becomes more and more overtaxed, the controller input is given increasingly less and less polling time… to the point where button presses are entirely lost.

This problem is not a problem that should exist in a top tier game. No game should ever be released with this level of controller problems, let alone with all of the additional problems listed above.

Overpowered Enemies

With the addition of Wastelanders, the balance in the game has been lost. I do classify this as both a design failure and a bug. The human enemies that have been added into the game have not only begun overtaxing the already taxed game engine, but Bethesda has chosen to give level 15 enemies weapons that do the damage of level 98 enemies with similarly equipped armor.

A level 15 Blood Eagle with an automatic laser pistol can kill any level player (even over 200) with just handful of shots. If that’s not the very definition of overpowered, I don’t know what is. This isn’t limited to Blood Eagles, it works for Settlers and Raiders alike. All human enemies have these way overpowered weapons and overpowered armor.

Whether this was intentional design or simply janky happenstance, I’ve no idea. Bethesda has proven time and time again that they simply don’t care about the gamer. With every update, they make it increasingly harder to even play this game, let alone want to like or play it.

In fact, the joy I formerly found in playing some parts of this game is quickly evaporating with the ever mounting bugs, regressions and frustratingly poor design choices.

Atomic Shop and Camp Budget

Worse, I can no longer even build in my camp… which runs entirely counter to buying Atomic Shop items. If Bethesda wants us to buy Atomic Shop camp items, then they’ll need to understand this point of contention. We can’t buy anything for our camps that require budget if we can’t build in our camps. Camp budget maxed = no more sales!

Bethesda, however, doesn’t seem to get this fundamental concept. Bethesda relies on people buying Atom, yet no one will run out to buy Atom if there’s no camp budget available to build. It’s a Catch-22, Bethesda!

You can’t have your cake and eat it too. If this game is failing, it’s because of your short sighted management of this property.

Instead of throwing in NPCs because everyone complained about the lack of them, you should have focused on fixing these long standing bugs. Instead, you focused your time adding new and unnecessary features that are further overtaxing this game’s antiquated engine which exacerbates these existing bugs at the expense of actually useful and fun gameplay.

It’s getting almost impossible to play this game at times… just as it’s getting impossible to type this article into WordPress’s editor with its incredibly bad input lag.

Bethesda needs to wise up rapidly. The Fallout 76 team needs to focus on overcoming these listed shortcomings rather than spending more time crafting unnecessary items for the Atomic Shop which fewer and fewer people can buy with the updated daily challenges no longer giving out Atom. So, let’s talk about the ‘new’ ….

Legendary Run

This is supposed to be the replacement challenge system for Fallout 76. It was promised to be an improvement to help people perform the challenges more in-line with their daily play.

In reality, what this is is a junky and janky mess of a system. Not only are the rewards some the crappiest I’ve seen in this game, they are duplicated all over the place. Need Ghillie armor for Marine Armor? How about Robot? How about Secret Service? Well, Bethesda has littered the board with so many duplicate Ghillie armors that it’s entirely pointless. How many Ghillie armor types do you think that we need? It’s stupid and pointless.

We only need one Ghillie cosmetic suit that we can wear over the top of any armor we wish. We don’t need to own the plan to craft Ghillie skins on every type of armor in existence. We only need ONE cosmetic item we’re done. So many board spaces wasted with this single skin item, the same as the Atomic Onslaught paints.

Worse, handing out these skins runs entirely counter to the way the Atomic Shop wants us to play. This point has been hammered home, oh I don’t know, since the game launched… to wear cosmetic items over the top of our armor. So now suddenly you want us to not wear cosmetics and start crafting Ghillie armor pieces instead? This game is sending us such mixed signals. Show your armor, hide your armor, don’t wear armor, do wear armor. The messaging in this game is not only a mess, it’s a disaster. No wonder everyone is always so confused by this game.

Not a Fallout Game

And here is where we come to the crux of this article. This game is not a Fallout game. It is a cartoony representation of how someone who’s never ever played a Fallout game might think a game like this works. Fallout 76 only pretends to be a Fallout game. It certainly has the skins, the weapons, the armor and the rusted environments, but the game itself is just a hollow, vapid, pointless shell. It barely even resembles Fallout. Further, its lore is so weak and so shallow in storytelling, nothing even matters.

Beyond this, Bethesda has introduced new items into the universe that have never before existed in Fallout New Vegas, Fallout 3 or Fallout 4… games with world environments and stories that exist long after Fallout 76. Games that should have seen traces of many of these new Fallout 76 items.

That’s the danger in creating a prequel… introducing new items into a world where previously existing worlds you’ve already built won’t have these items. Not seeing these items in Fallout 4, for example, means major continuity problems… yet another reason Fallout 76 is a crappy installment.

It’s not just the continuity issues that are a problem, however. It’s how weakly handled the entire world concept is. You exit the vault with the hopes of rebuilding Appalachia, yet the 24 vault dwellers who exit the vault are limited to building tiny crappy camps in remote areas of Appalachia? That’s not rebuilding, that’s junk. That’s not coming together as a team, that’s every-person-for-themselves. That’s not how rebuilding should be envisioned or handled.

In fact, after all of the quests are done and all of the smoke clears, Appalachia remains the same old decrepit place with the same old enemies roaming it and so many of the old bugs present. The presence of vault dwellers did absolutely nothing to make Appalachia, or indeed, Fallout 76 a better place. For a multiplayer game, it’s hard to believe a top tier developer like Bethesda failed so spectacularly at producing a compelling and fun experience… but here we are. Even the combat fails mostly because of all of the bugs that remain unfixed. Bleah.

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Disney to reopen amid COVID surge

Posted in amusements, botch, business, disney by commorancy on July 7, 2020

According to reports, Disney intends to reopen its parks despite the current growing COVID-19 surge. Let’s explore.

Irresponsible

Let’s understand that Disney operates its parks to comfortably sport anywhere between 30,000 to 50,000 guests (on average) in the park at any one time. Though, it is stated the park is designed to hold up to 100,000 people. Though, if 100,000 people are in attendance, the lines will be massively long, the park will be intensely crowded and affords a situation that becomes ripe for COVID transmission that no amount of “planned” virus reduction measures can mitigate. In short, overcrowding and COVID-19 cannot work together.

Even at 10,000 people in the park (assuming Disney decides to self-limit), that’s still well enough people milling around that transmission will be exceedingly easy and inevitable. We already know that COVID-19 lingers on some surfaces, like metal, for several days. That means that riding a ride containing metallic surfaces, after someone infected has ridden, greatly increases your chances of getting COVID-19 through touch.

Open Air

Disneyland, Disney World and The Magic Kingdom are mostly open air environments. This means that aerosolized virus droplets can’t linger for too long, but they can land on surfaces. However, when you get inside of closed environments, such as restaurants, merchandise shops and dark rides, virus droplets can linger for quite a long time in the air (without proper ventilation)… and these droplets can also land on and infect merchandise, paper cups, utensils and particularly open condiments. It can also land on your ride’s seat cushion, handles, lap belts and the lapbar restraints.

In short, open air won’t necessarily mean your trip to Disney will be virus free. In fact, because Florida is presently having some of the highest cases in the nation, the chances of catching COVID-19 by visiting Disney World is exceedingly high… if even simply by staying in a hotel.

Trust in Disney

Disney hasn’t been the most trustworthy company in recent years. Of Disney’s reopening plans, Ron DeSantis (Governor of Florida) states:

We have to have society function. You can have society function in a way that keeps people safe. And when you have all of the different procedures that they have in place, people are going to be—it’s a safe environment. Disney, I have no doubt is going to be a safe environment.

No one, not a Governor, not a health official, not anyone can make an assertion that Disney will be a “safe environment”. The nature of amusement parks is taking risks. That’s why people attend amusement parks and ride rides. The thrill of the ride is worth the risk.

Though, there’s a big difference between being able to control the forces of inertia and being able to control an invisible virus you cannot even see. No, DeSantis is towing the line that Disney wants to hear (and that Florida’s economy needs). DeSantis wants the park open, not because it’s truly safe and virus free, but because Florida’s economic future depends on it… and in general, because tourism drives much of Florida’s income. Without tourism, portions of Florida won’t have much of a future.

DeSantis also stated the following of both Universal and Disney’s reopening plans:

I’m really impressed with what Universal’s done, and I’ve looked at Disney’s plan and it is very, very thorough.

Thorough won’t protect everyone all of the time. Disney may disinfect the park nightly, but that won’t help the interim times when perhaps thousands of people have ridden a ride or eaten at a table or sneezed on cups immediately before you arrived.

Amusement and Health

If your personal amusement is more important to you than your health and well being (and the health of those around you), then by all means head to Disney and ride the rides and indulge in the eats. If, however, you value your own health and the health of your loved ones, you should avoid visiting any amusement parks no matter what “plans” Disney or Universal may have made to help combat a virus that no one can see.

Plans have a way of unraveling, particularly when we don’t even know all of the factors which must be managed. Disney’s plans are probably, at best, 25% complete. That means that 75% of things that can happen to infect you haven’t even been addressed.

Judging the health and safety of the public is not something a governor should be doing. That should be the health department.

Pandemic Surge and Reopening

In the midst of a surging pandemic, planning to reopen a business that’s sole intent is to draw large crowds the size of Disney parks is not only reckless, it’s completely irresponsible. Large close crowds are exactly the vector for virus transmission. There is absolutely no way Disney has planned for every contingency or vector of infection… particularly because Disney can’t plan for how large the crowds may get. In fact, it’s entirely counter for Disney to turn away crowds which help drive revenue into the park. They’re not going to do this.

Turning on UVC lights every now and then or limiting attendance can only do so much. This virus is, at best, unpredictable. We already know that COVID-19 has a days-long no-symptom period when the virus makes the person heavily contagious, but the person shows no outward symptoms. It will be these very contagious carriers who will visit Disney World and Disneyland and not only carry in the virus, but they will spread it throughout the park by infecting everything they touch and the people around them. Even a simple sneeze or cough can carry the virus throughout an environment for a lengthy period of time and infect any number of people or land on surfaces which can be touched.

There is nothing Disney can do to plan for keeping their park virus free. The only way Disney can reduce or eliminate Disney parks as a source of COVID-19 infection is to test every visitor on the way into the park and deny entrance to any visitors who test infected. Even then, that’s not feasible because testing is very slow (hours) before results are back. Even then, there’s a high probability of both false positives and false negatives. Disney can’t (and more importantly, won’t) spend the time or money to do this for every visitor.

Ride Disinfection

Let’s understand the basics of how Disney could plan for ride disinfection management.

If Disney were to truly want to reduce exposure to COVID-19 on rides, every ride must close down and disinfect after every single ride. The ride cars would have to be put through a UVC light bath for approximately 5 minutes after each and every ride. This is not feasible for a park like Disney where getting riders through as fast as possible is the goal.

To further this line of reasoning, Disney would need to require reservations for all rides in advance. No lines would be present on any ride. Queue lines and queue houses must remain closed. At ride time, riders will gather and stand in a 6 foot enforced distanced line wearing masks, but of course that line couldn’t be shielded from passers by… a source of infection.

Riders are loaded onto the ride, one by one… distanced by one car between each rider. That means half as many riders per ride. At the end of the ride, the ride will pull into the station and each car must exit, one by one separately ensuring 6 foot distance between each rider.

After the car is empty, the ride is summarily closed. The car is then backed into a UVC light bath and disinfection commences for 5 minutes. Then Disney repeats for the next set of riders. Can you say, “cumbersome” and “time consuming”?

Let’s understand that even with all of these measures in place, you can still catch COVID from a rider in front of you. If the front most rider ahead of you is infected and sneezes, their droplets can carry onto you and infect you. Even if Disney enacts very strict ride disinfection measures, there’s still no guarantee you’ll walk away without COVID-19 after riding. The only way that would work is to fill the car with one party per ride. Yeah, that’s not feasible in a park the size of Disney’s.

Above all of this, operating an amusement park ride this way will ensure that very few people get to enjoy the ride in a day… way fewer than is otherwise normal for Disney. Disney is all about pushing through as many riders as possible. Performing such a thorough disinfection after every ride is entirely counter to this and will result in much lost revenue. A park can’t (and won’t) operate like this.

Restaurant Disinfection

Here’s an infection vector that’s even more difficult to manage than rides. The only way restaurants can work at Disney is to deliver your food to you directly. In fact, you should be required to order your food in the Disney app for delivery to your present phone’s location (using location tracking). All food must be delivered inside of sealed bags and the items inside the bags must only have been handled by Disney employees.

Restaurant seating becomes an issue, though. We all want to eat inside some place comfortable and air conditioned. The problem is that this type of communal seating environment cannot be controlled… not by Disney, not by anyone. If Disney wishes to use sit-down style restaurant seating, then the tables must be completely UVC disinfected after every use.

It is very doubtful that Disney has had the time to build any kind of automated system to blanket a table and UVC disinfect it. In fact, to do this, you would need to build a carousel type system with two seats back-to-back, where the seats attach to a turntable and spin around to a non-visible side. One table seating is disinfected, the other spun around to the non-visible side and is in the process of being disinfected.

Though, UVC light is caustic to humans. Any UVC light leakage would need to be strictly controlled.

It is very doubtful that Disney or Universal have taken disinfection this seriously or to this level. No company is going to invest a million or more dollars into equipping their restaurants for such a sophisticated UVC disinfection system. Instead, they’re going to rely on the use of dirty towels and bus staff to wipe down seating and tables. A towel is simply going to move the virus around, not kill it. It’s almost impossible to perform proper disinfection of tables and seats prior to seating a new party.

A new restaurant party will be lucky if a table is even properly bused after the last party has departed. If it’s a large party, 10-20, good luck with getting anything disinfected.

Merchandise Stores

The final place where Disney will need to address is merchandise. Because people want to touch and feel the things they’re about to buy, this must stop. The touchy-feely time is over. Merchandise stores must only sell like the restaurant example above. You order the merchandise you want through an app and an attendant stops by to deliver your items in a sealed bag that has only been touched by Disney employees. If you wish to return an item, you’ll have to do that through an automated returns system and by dropping the returned item into a slot at the front gate.

Disney Employees, Testing and Infection

Disney park employees, otherwise known as “Cast Members” (a cutesy moniker to be sure), must be properly tested daily prior to entering a shift. If any Disney employee tests positive, they must be sent home for a mandatory quarantine period and will not be allowed to work.

Disney employees are clearly a vector of transmission that Disney can’t control. I seriously doubt that Disney has procured enough tests to test every single “Cast Member” daily, prior to their shift. There will be a number of Disney employees who will actually become the vector of infection and transmission for COVID-19… simply being a ride loader, being a merchandise seller or by selling foods to guests. It’s inevitable. You can’t prevent “Cast Members” from transmitting COVID-19 to guests in the park. You can’t do it without daily testing. Even then, testing is only as accurate as the test type you’re using.

If Disney decides on simplistic symptom tests (i.e., temperature), then that ensures park employees will not only infect guests, they will also infect other employees. Eventually, Disney may have to close its parks again when the number of infected “Cast Members” impacts the ability of Disney to operate its parks.

Health and Safety

Disney’s only choice, particularly during this heavy resurgence, is to postpone opening of the park until later… much, much later. I get why Disney is pushing to reopen. Disney is losing money by not reopening. To them, it’s more about the money than it is about keeping you, the guest, healthy and COVID free.

You must choose to trust Disney or not. You must choose whether to visit the park or not. Only you can look at this situation and decide whether it’s worth the risk. If you believe that your risk of infection is low, then by all means head there and visit.

Having worked at an amusement park for 7 years at one point in my life, I can definitively state that no matter what measures Disney claims to be putting in place, it’s all for show. None of it will last. It’s entirely health theater. They’ll state they’re doing all of these things, but at the end of the day none of it will get done because it’s too costly, too problematic and, most of all, too time consuming for staff. Disney may put up a good show for a week so that reporters can visit and “see” the theater, but after the reporters are gone, so too will all of their theatrical “planned measures”.

If you want to put your health at risk over Disney’s health theater, then be my guest. Book a trip, stay in the hotel and indulge in all of the buffets. Make sure you get a good large dose of COVID all along the way. When you get home and the symptoms hit, you can head to the hospital right away. After that, it’s up to your body to do the work (or not).

Consider this final question. Is it really worth risking your own life AND spending $1-2k per person merely to buy yourself COVID-19? That’s an awfully expensive Disney virus.

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Should Kathleen Kennedy be fired from Disney?

Posted in botch, business, movies by commorancy on July 4, 2020

person using laptop and tablet

I’ve seen many, many YouTubers commenting on this very topic. In fact, this topic has had so many commentary videos, it’s probably consuming at least 10% of YouTube’s traffic. Just take a look for yourself. Anyway, because this topic is so widely being discussed, let me take the time to write an article here that describes most likely why she hasn’t yet been fired.

Contracts and Obligations

The biggest elephant in the room is also the most obvious, contractual obligations. It’s clear that most YouTubers really don’t understand the business of hiring executives. Executive leaders are always hired under contract. Contracts require both parties to fulfill their obligations as listed within the contract. It’s how employment contracts work.

However, there’s a snag here. Disney didn’t hire Kathleen Kennedy directly. Ms. Kennedy was already an employee of LucasFilm when Disney acquired the LucasFilm property… and this is the snag.

LucasFilm hired Kathleen Kennedy before the purchase took place. This meant that Kathleen was brought on board to Disney as an existing executive of LucasFilm. Why is this important?

Two Contracts

There are actually two contracts at play here with regards to Kathleen’s employment under LucasFilm.

  • The 2012 $4 billion George Lucas and Disney buyout contract
  • Kathleen Kennedy’s own employment contract with LucasFilm

In fact, it’s important to understand that George likely put Kathleen in charge of LucasFilm for the expressed intent of keeping the property sane after Disney purchased it. With that goal in mind, it’s very likely that LucasFilm hired Kathleen into a very long (and open ended) employment contract. What that means is that it is likely Kathleen’s choice whether the contract continues. As long as terms are written into the contract that allow this, Kathleen can remain at LucasFilm possibly for as long as she wishes.

The second side of this is the purchase contract. If George was smart enough to hire Kathleen for a very long stay at LucasFilm under Disney, then he likely also included provisions for her to stay employed for a specified period of time within the purchase contract also.

To do this, he likely wrote in a poison pill rider… probably written into both Kathleen’s employment contract and into the purchase agreement.

Putting this all together

With two contracts reinforcing each other, that means that should one or the other be breached, both contracts then fail to meet their obligations… which means that both contracts are breached and then outs for the contracts apply.

For the purchase contract, that could mean that the LucasFilm property (and any new work under it) reverts to ownership by George. This is a pretty big poison pill rider. I wouldn’t put this one past George. Not only would he get to walk away with $4 billion from Disney, he could also walk away with LucasFilm also. I’m pretty sure Disney wouldn’t find that poison pill attractive.

With Ms. Kennedy’s contract breached, Disney would likely have to pay her out a hefty golden parachute. A golden parachute rider requires the employer to pay out a huge sum of money upon failure to live up to contractual obligations. Because it’s very possible that both contracts are legally bound together, this means Disney is being held over a barrel with Kathleen Kennedy.

Not only might LucasFilm return to ownership under George, Kathleen may also get a huge payout (perhaps millions of dollars) if Disney fires her. It’s a very tough poison pill, but one I could easily see George requiring.

In other words, Disney can’t fire her. Should Disney fire her, both contracts dissolve and then penalties from both contracts apply against Disney.

Legal Obligations

Because contracts are very specific, should Kathleen personally breach the terms of her LucasFilm employment contract, then Disney may have cause to fire her.

Unfortunately, George probably wrote extremely loose and favorable terms for Kathleen and extremely unfavorable terms for LucasFilm into her employment contract intentionally. He did this knowing he would soon be selling LucasFilm to Disney. That means that Disney is in a very unfavorable situation with Kathleen. It means that Disney likely can’t fire her without a whole lot of legal things happening all at once.

Kathleen can breach the terms of her contract by doing something illegal. For example, if she’s accused and found guilty of inappropriate sexual misconduct, almost every employment contract allows releasing executives for breaking laws. That means Kathleen would need to violate laws for Disney to release her without Disney breaking any other terms of any other contracts.

Even then, George might still attempt to recover LucasFilm citing a breached purchase agreement.

Disney and Agreements

Disney likely agreed to the terms of both agreements more or less because they didn’t have a choice if they wanted LucasFilm. To get LucasFilm, they not only had to agree to the terms in the purchase agreement, they also had to agree with Kathleen’s employment terms as part of acquiring LucasFilm.

Kathleen’s Tenure

There could be an end in sight to Kathleen’s employment contract. It seems that in 2012, George may have set her employment terms to 6 years with the ability to extend. In 2018 and according to the Hollywood Reporter, she exercised her right to extend her employment contract and extended it by 3 years to 2021.

In 2021, Disney and Kathleen would again renegotiate her LucasFilm contract, which (depending on contract terms) could allow Disney to rewrite her contract to Disney favorable terms, place her directly under Disney and get rid of any poison pill riders in the process. A new employment contract would then allow Disney to fire her with impunity. Extending an existing contract doesn’t get rid of any poison pill riders.

It is entirely possible that Kathleen can extend her employment contract indefinitely with LucasFilm. However, it’s also possible that George did put a hard date limit on the type and number of extensions. Once her ability to extend ends, she will be required to strike up a new contract with Disney directly and those contract terms won’t be as favorable to her situation.

However, Disney could choose not to renew her contract at all and allow it to expire… at which point Disney could dismiss her. However, the unfavorable terms in the purchase contract could prevent that. It depends on what was written into the purchase agreement terms.

If George placed a timer on the purchase terms such that Disney can’t dismiss Kathleen while that timer is in place, then that means Disney must extend her contract until that purchase agreement timer runs out.

A contract timer works like this. The purchaser must remain in good faith under the terms of the agreement for a specified period of time, such as 10 years. The good faith part may include a bunch of agreed upon stipulations, such as keeping certain people employed during that period of time. If any of the stipulations are breached, the good faith terms no longer apply and the contract is considered breached.

What this means for Disney is that George Lucas could reacquire ownership of LucasFilm if Disney breaches these timer’s terms… and that is contingent on Kathleen’s employment contract. Even if Kathleen’s contract expires, Disney may be forced to craft a brand new contract to continue to employ her until the purchase agreement timer expires.

If Disney, again, extends her contract in 2021 for another 3 years, then this timer situation is likely the case. They can’t afford to lose LucasFilm and let it revert back to George Lucas ownership… and on top of this, pay Kathleen a huge sum of money from her Golden Parachute. Not only does that give George Lucas a potful of money, he also gets his former property back with new films in the portfolio to boot and Kathleen gets even more money.

Disney’s Response

Basically, a situation like what I surmise above (while a bit legally convoluted) may very well exist between George, Kathleen and Disney. Contractual terms can sometimes be unwieldy beasts and no side wants to breach those terms, particularly when looking at the downsides.

If any of what I suggest actually legally exists, this is why Kathleen Kennedy is still employed at LucasFilm cum Disney and cannot be fired. That doesn’t mean Disney can’t sideline her or take her off projects because these things may not be specified on the contracts, but those specifics which are in the contracts must be adhered to.

Only Disney, Kathleen, George and all of the lawyers involved understand the minute details of both the purchase contract and Kathleen’s LucasFilm employment contract (and how they both interrelate).

YouTubers

I get why YouTubers rail on Ms. Kennedy. I get why they want her fired. I get why they produce their videos stating all of this. However, these naïve YouTubers really don’t understand business or contractual obligations in the business world, particularly when it comes to executives and acquisitions.

While fans can continually call for Kathleen to be fired over her handling of the Star Wars property, it’s very unlikely to happen while contractual obligations are still in play. Kathleen herself would be stupid not to sit back and let the money roll in while she pretends to do a job for Disney. With such convoluted contracts, Kathleen is sitting pretty no matter what she does… short of breaking the law. She can completely turn LucasFilm and Star Wars inside out and pretty much Disney can do little to stop her, at least until any timers expire.

Once Ms. Kennedy understood the extremely favorable situation (if similar to what’s described above) that George arranged for her, she could pretty much torch Star Wars and Disney couldn’t really do anything about it. What Kathleen has done for Star Wars isn’t at all pretty. But, it’s not illegal and it’s possible there’s very little Disney can do to kick her out of the organization. Granted, she has turned a tidy sum for Disney, at least for the latest trilogy films, even as bad as they are. Disney can’t fault her for not making Disney money. As a result, Kathleen is likely still living up to her end of the employment agreement with LucasFilm.

Should Disney fire Kathleen Kennedy?

As long as unfavorable contractual obligations exist for Disney, no. Disney and Disney’s lawyers fully understand the ramifications of firing her. Until they can fire her without tripping contractual clauses, they’re going to let her sit in her comfy Disney office, using her comfy Disney chair pretending like she knows what the hell she’s doing.

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