* Posts by Mad Mike

1379 publicly visible posts • joined 30 May 2007

Oracle to resell Fujitsu 'Athena' Sparc64-X servers ... worldwide

Mad Mike

Re: Billl HAHAHAHAA!

I don't think there is anything inherently wrong as such, and I acknowledge the performance gains. The problem arises in that the processor becomes a single function entity (rather than multi-function) and also you start loosing economies of scale, potentially increasing prices. Crypto accelerators are still pretty much multi-purpose in that encryption has enough standards to allow lots of different software etc. to use the same ones.

However, if you have an accelerator solely for Oracle DB, what about when you want to run an application tier, say Weblogic? Plenty of soon on that DB box (spare capacity), none on the application box. So, you either have to run sub-optimally on the DB box, wasting some potential there, or buy another application box. You're starting to divide your server base into smaller and smaller chunks, which leads to greater overheads.

Of course, a lot of this depends on exactly what accelerators they implement, how much die space they take up and what performance benefits they give. Then, people will have to run the TCO calculations and see if the multi-purpose servers, whilst having theoretically lower performance, actually have a lower TCO through lower cost and maybe higher utilisation rates etc. We'll wait and see.

Mad Mike

Re: Billl HAHAHAHAA!

I think this is all horses for courses. The T5 chip should be good for heavily threaded workloads provided you don't try to LDOM it heavily. So, there's a market. Database workloads.......that might be a different matter. As you say, cache size is not the only difference between processors that handle big single threads and many smaller threads. The whole processor design is different. So, the M5 simply adding cache will help, to a point, but no more. The SPARC64 is designed much more for heavy single threads.

The question people need to ask themselves, is do they want two different types of servers? Do they want some kit specifically for DB (and the like) workloads and others for heavily threaded app layers? Isn't that a bit inflexible? Mind you, according to Oracles strategy of putting hardware accelerators into the chip, this would get even worse. Might you end up with a processor for Exadata, a different one for Exalogic, etc.etc.? Unless they waste a lot of space on the silicon, putting on accelerators that won't all be used together, won't that be a risk?

Interesting times, but I can't really follow Oracles strategy, if it has one. They seem to be suggesting we head back in time towards more and more speciality processors, dedicated to certain functions and that's a direction hardware has been moving away from for some time. Not saying it's wrong, but they're the only people doing it, which must make you wonder. Genius or mad. A fine line.

Mad Mike
FAIL

What's the point?

I'm not really sure what Oracles game is here, as they seem to change tack every week. They announce the T5 and M5s with loads of fanfare etc. as one would expect. They then, almost immediately, announce the Fujitsu servers.........Why? What is a customer supposed to think. It's like Sun all over again. No perceivable strategy and confusion everywhere. What's the point in Oracle selling the Fujitsu servers unless they have at least some benefits over the T5 and M5 line? Is Oracle likely to admit this though?

Also, as Oracle want to put hardware accelerators into the chips for their software, surely they need to own the processor design? In which case, once again, M5 and T5. Fujitsu might put the same accelerators into their chips, but presumably would have to pay Oracle? What's the status of Oracle Linux and Solaris at Oracle? As Sparc is where they can put the hardware accelerators, you would expect them to promote this architecture heavily and over x86. This would suggest a move towards Solaris. But, what's happening? Oracle consultants still promote Oracle Linux and x86.

It's all very reminiscent of Sun all over again. Left hand doesn't know what right hand is doing. No coherent strategy or direction etc.etc. Maybe Oracle did take over Sun, but maybe Sun 'infected' them with an ill?

Maggie Thatcher: The Iron Lady who saved us from drab Post Office mobes

Mad Mike

Re: On the whole

It's a question of degree. People need to want to do better and need to gain the rewards of their efforts. That's greed to an extent. However, it went too far. Before she came to power, everyone just sat back taking it easy. Change my job.....go on strike. Try to be more efficient....go on strike etc.etc.

However, she went too far. A certain amount of greed is good in driving people to do better for themselves, but it has to be tempered by understanding and contributing to the greater good. This is the bit that was lost. She did good and bad, but didn't manage to get the balance right.

I certainly wouldn't want to turn her into a saint, but I wouldn't turn her into the devil either.

After all, many council house tenants made huge profits on the properties she sold them at next to nothing, but she screwed all the working class didn't she?

Everyone takes their position and then remembers only one side of the coin.

Mad Mike

Re: Respect !!

"Thieving, lying, criminal bankers. Why are people still wittering on about unions when bankers have done so much more economic damage?"

Oh yes; the country was in a much better state in the 1970's!! Not saying there isn't some truth in your comment, but the unions were doing the same sort of job in the 70s.

"Rupert Murdoch in charge of policy. (Who voted for him?)"

I think you need to blame people after Thatcher for that. Do you really think Rupert Murdoch told Thatcher what to do?

"And worst of all is that she did the opposite of everything she preached. She 'cured' unemployment by causing more of it, she turned right-to-buy into you-can't-afford-a-house-on-£30kpa, and she killed what limited social mobility the UK had clawed out of the pre-war establishment by the 70s."

I think you'll find that social mobility is far higher these days than during the 70's. Not saying this was entirely her actions, but some of them helped.

"Today, thanks to her, most people will be in the same class as their parents, and almost certainly earning less in real terms with lower job security - no matter how hard they work."

Yes, if they have no ambition. Personally, I believe that people have far more ability to rise through their efforts these days than in the 70s etc. Not saying it's great or couldn't be better, but it's heading in the right direction. Not all her doing either, but she started it to a degree.

'Til heftier engines come aboard, HP Moonshot only about clouds

Mad Mike

Re: Power v Performance

I agree that power drain goes up faster than processing power, but the latest power efficient Opterons and Xeons are pretty low power and still pack a much bigger punch. If you go for the special editions, you'll always pay well over the odds in both power and money.

Virtualisation shouldn't cost 10-30%. Yes, x86 virtualisation is more expensive than say PowerVM, but you should really be able to get it at 10% max. It all depends on configuration and how much care you take. The perceived cheapness of x86 systems often results in companies just deploying another server rather than running a more efficient deployment model.

I agree there are reasons for running small low power servers rather than virtualise, but this is a small segment again. Even with virtualisation and current 'motion' technology, you can easily move everything to a smaller number of x86 servers and shut the rest down when required and then open them back up again when required. Again, it depends on deployment model and taking the time to do it right.

I do totally agree though. HP have created a solution to at best some niche issues.

Mad Mike

Power v Performance

As a general rule, for any given generation of chips, power consumed is in direct proportion to the processing power delivered. Yes, an Atom uses less power, but then it delivers a lot less processing performance as well. So, at best, using less capable chips is simply removing the need to have hypervisors to partition up bigger processors to ensure efficient loading.

All this stuff talks about x (general hundreds) of servers etc., but each is substantially less powerful than Xeon and Opteron x86 chips. So, are you really getting more processing power in a given space, or simply cutting it up without the need of a hypervisor? I don't really see the point of this for datacentre processing, as cutting up bigger servers with hypervisors allows much more processing power and workload to be supported than trying to use smaller servers. The flex the hypervisor gives allows different workloads to take the same processor at different times.

It all rather looks like an attempt to fix a problem that has already been fixed. As people have said, what happened to Seamicro?

Now, for laptops and other areas where power consumption can be traded down along with processing performance, this sort of thing makes sense, but that simply doesn't apply in the datacentre. Do HP really think they've come up with something no other manufacturer has thought of. Or, beaten them to the market?

Pyongyang to unleash NUKULAR horsemen of the Norkocalypse?

Mad Mike

Re: It IS rocket science...

@I ain't Spartacus.

Unfortunately, it has been reported that the Japanese navy have been ordered to intercept any rocket launch (using Aegis and SM-3). The NKs could even launch something and then claim it had been shot down regardless of reality. They're certainly pushing much harder than they have previously and those on the other side (ROK, USA etc.) are being much more aggressive than before as well. ROK has promised to retaliate heavily for any offence.

I guess time will tell. Problem is, how do you tell the difference between a test launch and an attempt to land a rocket someone important (such as Japan or South Korea etc.)?

Mad Mike

Re: It IS rocket science...

I think that's the biggest problem here..........they may well be that stupid.

As you say, nobody in their right mind would even launch a rocket at this point (any launch would probably be taken as hostile and an attack on someone), but the NKs have shown themselves to be pretty stupid (or brave depending on how you look at it) in the past.

Hold on! Degrees for all doesn't mean great jobs for all, say profs

Mad Mike

Re: clearing...

@Tom 38.

indeed so. However, this also means the manager is willing to let the HR department dictate what he needs for the job. This either indicates the HR department has too much power (poor company) or the manager is useless and just accepts it rather than fighting for what is actually required.

To be fair, a lot of job adverts now have a degree or suitable equivalent experience, whatever that means. Guess it's simply a get out of jail for anything else if they think the candidate is suitable.

Mad Mike

Re: Kids today...

Why should the universities provide the figures? Do the people applying need spoon feeding again. If you did the research, why shouldn't the student of today? You don't need tables of statistics either. Just look around you, at job adverts etc.etc. Basically, some students need to take responsibility for their own education and stop expecting everyone else to do it for them. It's like a dependency culture. Some students expect someone else to do everything for them.

Mad Mike

Re: Douglas Adams

And there's nothing wrong with being an English graduate if it helps in your chosen career. As he wrote books, I assume an English degree would have been a help. However, taking your English degree and saying it qualities you to design rockets or something is not really useful. If you look around the City of London, you'll find an awful lot of people with degrees that bear no resemblance to what they're doing. Is there a correlation between that and loosing lots of money/banking crashes etc.?

Mad Mike

Re: clearing...

@AC.

The 'requirement' for a degree generally means you're working for a company/manager who doesn't really understand what they need. They put out a whole load of requirements off the top of their heads and then take the 10 closest CVs and employ one of them. Maybe i'm out of touch, but the job profiles we put out had no real pre-requisites and even said that trainees would be considered if they showed 'aptitude' and 'willingness'. To me, someone with little experience, but obviously suited (through interview) and a drive to do well, is worth far more than someone with a lot of experience and qualifications who thinks the world owes them a living!!

So, all this means you have to read every CV and interview a lot more people. However, I personally found the interview to be the most eye opening and important part and generally you learnt far more from that, than anything else. Employers should not be afraid to interview a lot of people and also not be afraid of not employing for some time. You're looking for the 'right' person, not the 'right now' person.

Mad Mike

Re: clearing...

@SuperTim.

I too have interviewed people with degrees and what egos some have. They seem to think you should offer the job just because of the degree!! After interviewing a good few, I soon found out that having or not having a degree means almost nothing. The degree candidates weren't really any better than the ones without and quite often having a decent bit of work history said far more than the educational qualifications.

So, to me, the degree became a complete nonsense and got ignored. It told me nothing about the holder.

Mad Mike

Re: Statistically this is not a surprise

Maybe, but the same logic would apply. Don't bother getting a law degree unless you have the required non-academic 'qualifications' to actually make it a serious job opportunity!!

Mad Mike

Nursing

I have been told by a friend who is a nurse, that many of the new recruits are in it only for the degree. To quality as a nurse these days, you get a degree in nursing and apparently the number who leave nursing after getting their degree is much higher than it used to be and getting higher. They don't want to nurse, they want a degree. Presumably, this is why the scandals in nursing are happening as well. Some nurses simply don't give a s**t and are in it only for the money, career (get out of hands on nursing and become a manager as soon as possible) and the degree. So, why do they care about actually taking care of people and treating them reasonably?

Oracle reveals strategy for internet of things

Mad Mike

Re: So you can write drivers in Java now?

A little bit of mild insanity just makes life more interesting.

Of course, barking mad is something else. It would seem that you need a touch of the barking to make it into executive and senior management positions these days. No suggestion too stupid or mad. No common sense required.

Mad Mike

Re: So you can write drivers in Java now?

And therein lies your problem. You used the word 'sane'. Since when has that had anything to do with it?

Swedish judge explains big obstacles to US Assange extradition

Mad Mike

Re: @Malcolm Weir

"Those locked up in prisons for civil crimes in Northern Ireland claimed political prisoner status, and as much as you'd like to claim those convictions prove they were simple civil offences which were excused. No one party of a conflict gets to decide if that claim is valid. Otherwise their would / could be never be a political prisoner anywhere, ever."

So, according to the above logic, all the Muslim killers around the world who slaughter or plan to slaughter civilians are political prisoners and we should simply cut a deal and release them? Whilst I know a lot kill themselves during the act, any that survive or plan the attacks are doing so for political reasons, so they're actually an army and should be treated as prisoners of war? We should release them from prison in a deal? Why are we pursuing Abu Hamza? After all, I'm sure he would declare his 'crimes' to be political? By your logic, he should be able to cut a deal with the government if his supporters cause enough mayhem? You really are heading down a very dangerous path here.

"Mr Assange cannot claim he (allegedly) raped women as a form of protest against some form of political oppression. That's simply not the kind of crime rape is. So there is no valid 'poltical prisoner' claim that can be made against the crimes he is alleged to have committed."

Assange has stated he believes the rape claims are politically motivated to get him for releasing the information he did. The behaviour of the Swedish authorities and the women involved is certainly a little strange. However, by the logic you've stated above, where IRA terrorists are political prisoners because they say they are, he can also make that claim and you can't say otherwise. You are hung on your own petard. The difference between you and me is that I don't believe those in Northern Ireland did it for political reasons at all (they are criminal gangs protecting 'empires'), but I have an open mind with Assange as some of the actions of those making the claims are strange to say the least.

"So in the case of Mr Assange that case doesn't apply. There is no precedent under which a Government should interfere in the due process of the allegations against him."

As I've explained above, he has claimed the rape charges are politically motivated for his releasing of the information, so according to your own logic, my case does apply to him.

"I'll go even further and say that if the Swedish Government did offer some kind of political appeasement to sate the hoards of 'Julian groupies', they would make a mockery of their Government and Judiciary. Reducing their entire statute book to being of no more value than the price of an easy life for politicians."

I would not disagree and I would also say that the Good Friday agreement has done substantial damage to the UK legal system. It basically sets the precedent that if you cause enough mayhem, you can cut a deal and get let off murder and all manner of other terrible crimes. So, yes, I believe the UK justice system has been badly damaged by it. Maybe it's worth it if the killing and mayhem stops. That's a question of judgement.

"Like I said I believe you're conflating the resolution of an armed conflict, with a common or garden crime, and expecting the circumstances which can be applied to one, to be equally valid to another."

Nope. I'm comparing either two sets of criminals (either proven or alleged), or two sets of political prisoners. Either way, the comparison is absolutely valid. You claim the IRA etc. should be treated as political prisoners because they claim it, in which case, so can Assange. Maybe if supporters of Assange started bombing and killing people over a long enough period and with enough ensuing mayhem, he and the rest of them should be offered a 'Good Friday' agreement? Maybe compromise agreements are only for really, really bad people?

"Now if Mr Assange wants to enter into some kind of deal with the Swedish Judiciary he can talk to the prosecuting authorities to do that, but Julian isn't willing to talk to them... not unles it's to ensure he can do whatever he wants and have their laws protect him... as per WikiLeaks. When oddly enough Swedish law was good and righteous enough for Mr Assange to trust."

He can deal with them if he wants. No problem there. And it is each parties decision on what they want and if they can come to an agreement. Fair enough. He has as much right as anyone else to do so.

Us lawyers and associated people in the legal professions have known for years that regardless of what a constitution or laws say, politicans and people put in place by politicians interfere with justice all the time. The precedent is well and truly set. As I said, plea bargaining, reduced sentence for early guilty pleas, taking other crimes into account etc. are all examples of political interference. They get away with it because some other people (for instance the police) like criminals to solve a lot of crimes for them by taking responsibility for them. There have even been cases where people have taken responsibility and then it has been shown it was impossible for them to be responsible!! It's an easy quick win for police statistics!! Good for both the police and politicians.

So, what you need to do is look at case law and realise just how much interference there is. As I said in my previous post, even the Attorney General (in charge of the CPS, a government department!!) is a political appointment and look where that's got us in the past.....Iraq!!

Deals and compromises are done every day in lots of countries round the world and Assange has as much right as anyone else to cut a deal and treated 'specially'. He won't be the first by a long way and he certainly won't be the last either.

Mad Mike
FAIL

Re: @Malcolm Weir

"I think you're confusing the resolution of an armed conflict in which a compromise was made towards political prisoners (yes, I know you probably don't classify them as political prisoners, just like I don't, but that was the status they claimed), with common and garden law breaking, as is the case with Mr Assange."

And I think you're really clutching at straws here. All those found guilty in Northern Ireland were found guilty of civilian offences in a civilian court of law. They were never treated as soldiers (indeed, they couldn't have been prosecuted if they were in most cases), so they are no more a special case than Assange. Anyone could claim political status and Assange has quite a good case for arguing that (and he already sort of has), but that doesn't mean they should be treated as such.

"What that 'compromise' has to do with the Swedish Government I don't understand, unless you believe that the Government of Sweden has to offer such compromises just because the government of a.n other country has done so in the past, even if the circumstances of the crimes in that case are/were different from the one the Swedish Government is having to deal with."

Simple. People are commenting that compromise agreements either weren't done or weren't possible. I simply quoted one such agreement, but in reality, they are commonplace. Plea bargaining is effectively a compromise agreement and is a case of non-judicial people effectively overriding the judicial process. So, as in other cases, I am merely correcting other peoples factual errors. As they were saying Assange shouldn't treated specially or compromised with as nobody else was, I have shown that the precedent already exists and is actually in pretty widespread use.

"As far as I can see what Mr Assange is accused of is common or garden rapes allegation, of the kind dealt with by many law enforecment agencies in many countries."

Just like in Northern Ireland, they were accused of common or garden murder etc. So, no difference there then. In fact, anyone who believes Northern ireland has been a political issue for decades has never understood it. For a long time now, it has really been about criminal gangs going around protecting their 'turf' and making a huge amount of money in the process. The true 'causes' of the troubles have been lost for decades. It's about big criminal business.

"No civilised nation has politicians interfering in due process of such allegations, yet so many of you all seem to think Mr Assange should be a special case, and that politicians should be interfering in the due process surrounding the allegations made against him."

No,I have given cases of politicians interfering in due process on quite a large scale. I have never said that Assange should be a special case, simply that he could be and that far from setting a precedent, the precedent has been set for many years and is actually quite commonplace.

"How far are you willing to extend this ideal of allowing politicians to get involved in due process of criminal allegations?"

I would rather they didn't, but bearing in mind they do, why shouldn't Assange be treated as a special case like other people? After all, if murders in Northern Ireland can be treated as a special case, why shouldn't someone being pursued for a minor rape (as Sweden see's it and as they've stated themselves...not my words) also get special treatment? Is it only really heinous crimes that deserve special treatment?

"How about domestic cases, would you accept politicians interfering in say something like a murder enquiry? Offering guarantees to people that if they co-operate with the police the politicians will protect their arses from any legal proceedings about "those other matters"? How does that sound? Reasonable?"

I would rather it didn't happen, but it happens in this country all the time. It's called plea bargaining. If you plead guilty to one charge, others are forgotton about etc. It's even more common in the US. Getting shorter sentence for pleading guilty early (and avoiding the cost of a full trial) is another example. Admitting additional crimes voluntarily and getting a discount is another. They're all political interference in the administration of justice, normally and often for cost saving reasons!!

"And lets not bother pissing around with plea bargining comparisons made between alleged criminals and the criminal justice systems of various countries... those are deals stuck and agreed by the prosecuting authorities. Lets just stick to discussing the idea of politicians striking deals with alleged criminals offering to excuse other criminal proceedings."

Again, a lamentable lack of knowledge. Prosecutors in the US are often voted into position (at least the top ones) and are effectively political positions. In the UK, prosecutors are employed by the CPS, which is a department of the government and therefore is totally political. In fact, the whole department reports to the Attorney General and guess who employs and selects him.........the government and politicians!! So, all the people and groups you've mentioned are all political and therefore deals struck with them are political interference!!

I think I've proven my point beyond question. There is established precedent for everything I've said. I've never said Assange should or should not be offered guarantees or deals or whatever, but people talking about judicial independence and compromises never occurring and guarantees never happening etc.etc. are just totally and utterly wrong. They happen all the time. So, if they're good for some, why not him? And they're not all done for lofty aspirations, such as stopping the fighting in Northern Ireland. A load of them are for simple cost cutting reasons, such as plea bargaining etc.etc.

Mad Mike

Re: Here's your "Get Out Of Jail Free" card

@Gav.

"I don't think you follow how the law works. This special shortcut, saving time and money in this case, would become a precedent that could be used to challenge all future extraditions. Pretty soon anyone charged with any crime at all in Sweden could flee to the UK, and then demand that a condition of their return is that they are not allowed to be charged for anything else that they may, or may not have, done in the past."

What's the difference between that and 'plea bargaining' for a lower sentence. What about 'taking other offences into account' that normally results in lower sentences. What about 'pleading guilty' early on to get a lower sentence. All of these reductions in sentences are effectively done to save money and are pretty commonly done in many countries, including the UK.

What you're complaining about is already part of the judicial system in many countries, including the UK!!

Mad Mike

Re: @Malcolm Weir

@obnoxious Git.

Unfortunately, there is one great example of something pretty close to this. The Good Friday agreement. Where convicted criminals had their sentences effectively cut WITHOUT the intervention of a court of law. The Good Friday agreement was effectively politicians interfering with judicial process, in that politicians decided people didn't have to serve their full sentence for a crime they had been found guilty of. This was all dangerously close to politicians controlling judges and the loss of judicial independence.

So, politicians effectively guaranteed to release people who had sentence left to run. Not quite the same, but pretty close!!

Mad Mike

Re: Actually, no @Mad Mike

@Northern Code.

"Also, a retroactive law as you later suggest would at least in Sweden be improbable to the point of certainty due to a tradition of actively not making such laws, and the entire legal professional community would create an outcry which the law makers couldn't ignore if they tried."

You putting a lot of faith in the professional community and putting your money on their actions. This was also the case in the UK, but we have several retrospective laws now. Did the UK professional community prevent it with their 'outcry'? No they did not.

'Improbable to the point of certainty' is probably what people in the UK would have said a couple of decades ago and they were proven utterly wrong. The UK had exactly the same tradition as well. So, you're placing your faith in something that has already been shown to have failed!!

If you say the constitution would prohibit such a 'guarantee', presumably this is because it would force an outcome on a court case. However, I have already shown and explained how creating a new law (what politicians do) gets round this, as there never would be a court case!! Therefore, no predetermination!! So, by creating a new law, they can create such a guarantee and not be in violation of the constitution.

Us lawyers are crafty like that ;-)

Mad Mike

Re: it's simple

@obnoxious Git

There is a question over whether his disclosures are covered by Swedish press protections or not, as he wasn't registered correctly. So, the situation is not as clear as you think. It's certainly why he moved there, but his legal team don't appear to have been totally on the ball.

I've never said Sweden SHOULD pass a law etc. Merely, that they COULD. This was in response to someone saying it was impossible. I refuting their categoric assertion that it couldn't be done. I never said it was a good idea.

Mad Mike

@Desidero

The USA has shown over the years, a complete contempt for other countries judicial systems, especially when it involves their own nationals. Th examples you give of people being spirited out of countries are good. They insist on every other country abiding by their judicial system, even when the crime wasn't committed within their own borders (USA believes its judicial system extends to the world), but completely ignored others.

Why shouldn't the soldier who went postal on a village face trial in Afghanistan? The crime was committed there, the victims were Afghan nationals etc.etc. Oh no, the Afghan judicial system is rubbish isn't it. Helicopter pilots having 'fun' firing on civilians in total knowledge they weren't combatants. Again, spirit them away. After all, Iraqs legal system is rubbish.

And Americans wonder why they are treated with such suspicion and contempt by many people around the world and why a fair chunk of people want to see them dead............it's a mystery, really a mystery.

Mad Mike

Re: Are you insane?

@Yet Another Anonymous coward.

Yep. Just shows that politicians are much the same, whether left, right, centre or whatever. They all look after number one and Jack Straw obviously thought his best interest was served by bending over and taking it from Uncle Sam.

Any politician who claims to have any particular moral compass should be laughed at until they cry. Their moral compass is entirely determined by their best interests at the time.

Mad Mike

Re: Are you insane?

@Malcolm Weir.

I agree with what you say, but is an agreement valid if it is used to suppress evidence of a crime? Clearly so if the crime is being committed by the state/powerful enough people. As you rightly point out, I'm sure most people would like to see whistleblower laws protect everyone who reveals misdeeds by others. In reality, it only protects those who don't reveal misconduct by the government. I guess this was one of the reasons why Wikileaks (amongst others) was setup. Because governments and senior people connected to them, consider themselves above the law and appear to be so.

Manning did voluntarily sign up to a different judicial system, but even these often have rules and regulations about misdeeds by others and making senior officers aware etc. In a sense, similar to whistleblower laws. And again, why should signing an agreement mean you have to keep evidence of misdeeds secret? This is precisely the sort of beliefs that got people like Nixon into trouble. He thought he was above the law, but found public opinion made him not. Seems like those in power these days are even more above the law than before.

Not a good state of affairs.

Mad Mike

@Malcolm Weir

This is why I describe it as a vanity issue. The Swedes could easily do stuff to help, but choose not to. Assange could help, but chooses not to. The UK could help, but chooses not to. Everyone is too proud to come to a compromise. Everyone simply wants to stick to their guns, and this impasse will go on for years. Most judicial systems and police forces allow some degree of flexibility and it's regularly seen in this country. But, nobody is willing to flex.

Mad Mike

Re: international law is a suggestion only

@AC

I agree totally. It's interesting how the biggest economy in the world seems to think it's good business to continually increase the amount they owe!! At some point, this will come back to haunt them. National debt can only continue to increase if GDP and the means to pay interest etc. continues to go up. It can't forever. At some point, GDP will stop or go into reverse and then the national debt is unsupportable. At this point, the USA is in deep trouble. This is particularly fully as China is the country owed a large chunk of that debt.

Mad Mike

Re: if you are on the wrong side of them, i would expect it pays to be very cautious

@Scorchio.

He's simply talking about the perception that other people have of the US. He's not saying he agrees, or even that it's justified. He's just saying they don't trust or like the US. The US is rapidly getting a name as the bully boy of the world. You do what they say, when they say or else............

Reality matters less than perception. Unless the US does something about this perception, it will have made itself far more of a target and cause itself a lot more grief in the long run. Extraordinary rendition is another good example, although a lot of other countries were guilty of complicity or, at least, turning a blind eye.

It's interesting that you seek to categorise people by racial or other 'group' attribute rather than by country. After all, all Arabs are the same, aren't they? Well, no actually. Some Arab countries are far better than others. Just the same as not all western countries are the same.

Arguably, the US has committed crimes of the same magnitude as the Chinese or 'Arabs', albeit maybe not in the same quantity. However, is quantity the issue here, or simply committing even one example of the crime? After all, the US has never locked people up without trial for years in contravention of its own constitution using the legal backdoor of Guantanamo isn't technically covered by the constitution. It has, historically, had a rather interesting definition of torture (or should I say 'encouragement') and has committed and defended the use of kidnapping.

So, yes, the countries you mention are not perfect, but let's not forget the US is far from perfect either.

Mad Mike

Re: Laws won't stop the US

"To say nothing of the fact that retrospective legislation is not permissible in western democracies"

Used to be convention that it wasn't, but is common now. The UK has passed several retrospective laws, including the removal of double jeopardy in some cases, even for old 'crimes'. So, retrospective legislation is certainly possible in the UK and probably many other countries.

Mad Mike

Re: it's simple

@Dave Dowell.

"As the only thing I've stated is that it would be illegal for the Government of Sweden to guarantee Mr Assange wouldn't be extradited to the US, you must be claiming that the Swedish Supreme Court has stated that the Government of Sweden could provide a written guaranteee that is in breach of the Swedish constitution?

Care to provide us a link to that ruling, because I'd like to read it."

Several people, me included, have explained several times how the Swedish government could simply pass a law proclaiming what he did legal. That is not in breach of their constitution, as it would be a legally passed law and therefore is not in any way illegal. Sweden COULD do it. It is not illegal and certainly not impossible. Whether they should is another matter. It would also take some time as these things do, but it is possible and not illegal. The constitution cannot make something done legally (e.g. passing a new law) illegal. The constitution itself can also be changed if it really came to that. That's how 'amendments' to constitutions come about.................like in the US constitution.

Mad Mike

Re: Yeh right.

@h3.

Bang on. The outside impression of Sweden is actually quite at odds with the place. They are very liberal as long as you're one of their accepted 'norms'. For instance, for many years (up until the 70s, or possibly even early 80's), they forcibly sterilized people in various classes, such as mental issues etc. It's well documented. Now, is that the actions of a liberal, accepting society that they like to portray? Not in my mind. The Swedish are actually very conservative people.

Mad Mike

Re: "Tell you all you need to know".

@red death

Nobody has said they should, merely that they could. My response was to someone proclaiming it impossible, which it manifestly is not. It could be done. Whether it should is entirely another matter. It's simply that people state things as 'fact' or 'impossible' etc. when they are no such thing. There is a difference between shouldn't be done and impossible.

Mad Mike

Re: Now What Would REALLY Happen

@Chad H.

Again, you show an ignorance of legal things.

The King of Sweden does not have the power to 'sack the PM'. See the following for information:-

http://en.wikipedia.org/wiki/Monarchy_of_Sweden#Head_of_state_duties_.28post_1974.29

So, the Swedish supreme court chief could go public and the PM would have to take the consequences. However, this could well backfire on the court chief (whatever you mean by that), as most people in those sorts of positions won't go public under any circumstances and everything is handled behind closed doors.

Mad Mike

Re: "Tell you all you need to know".

@Chad H.

No, you are misunderstanding. The Swedes could (I've never said they should) pass a law that makes his activities (their definition for whatever activities they like) are legal. That does not impact judicial independence in the slightest. The case can't go to court as no law has been broken (the law explicitly says he hasn't broken the law!!) and therefore judicial independence (which revolves around interpreting law) is assured.

You misunderstand the role of lawmakers (e.g. politicians) and the judiciary. The judiciary simply interpret the law, whilst politicians enact the law. The judiciary cannot interpret a law based on whether they like it or not, or if they think it a good law or not, simply on how it is written. And if the law says his acts weren't illegal, no court even gets involved as there's no case to answer.

You could ask a court to clarify the interpretation of the law being used by the prosecution authorities to determine if there is a case, but that's all. So, no breach in any shape or form of judicial independence.

Mad Mike

Re: Well. Regardless.

@Chad H.

Even the US might be churlish about continuing an illegal practice they have been found guilty of in the past. Trying to abduct an unknown and spirit him away is one thing, but someone of Assanges public persona; very difficult. Someone would almost certainly find out and spill the beans. Then, what would happen?

Mad Mike

Re: THE HONEY TRAP

@Chad H.

That's not what people are saying. The law does not predetermine the outcome of a court case, but simply says he cannot be prosecuted for x or y. Therefore, no court case can exist as the law says he can't be prosecuted.

'Judicial independence' doesn't come into it as the law says no law has been broken, hence it doesn't even make it to court!!

Mad Mike

Re: Sweden and Satan - too close for coincidence!

@cnapan.

I don't think you should think the Swedes beyond all reproach (or UK for that matter). Most countries have skeletons in their cupboards of one sort of another within living memory. Sweden and the UK are no exception. Many people think of Sweden as a deeply liberal and accepting society, with protection for all etc., but it doesn't take much digging to find some pretty shameful examples in their recent history.

Mad Mike

Re: Why The Fuss?

@Don Jefe.

Maybe. But then, why are they trying so hard? It's interesting how some people hate anyone different to themselves. You may find him slimy and trashy, but as of yet, neither of those things is criminal.

Mad Mike

Re: it's simple

@DavCrav.

"They are dealing with a suspected criminal, whom they want to put in prison."

I think you should say 'who they wish to have answer to their legal system'. If you say they want to put him in prison, it rather suggests a usurping of due process, which aids his case. They simply want him to answer the case. That might involve standing trial. It might involve prison. But, that's up to the courts and prosecution authorities. Not politicians.

"probably perverting the course of justice"

Almost certainly not. They would have to prove both that he had no intention of surrendering to bail (almost impossible) and also that he had prior intent (again, almost impossible). Unless he's flapped his mouth stupidly, both these would require them to be able to read his mind.

Mad Mike

Re: Actually, no @Mad Mike

@Don Jefe

My original posting was in response to someone insisting it was 'impossible' to guarantee her wouldn't be prosecuted. I was simply showing it wasn't impossible. Not that it's desirable or a sensible use of time and resources. Simply that people should stop stating facts or claiming things are impossible etc. unless it's actually true.

Sweden COULD do something and therefore it is not impossible. Desirable; now that's another thing altogether.

Mad Mike

Re: it's simple

@Dave Dowell.

The posting relating to creating and passing a law for Assange was simply to show that another poster insisting it was impossible for the Swedish government to guarantee he wouldn't be extradited was wrong. Nobody ever said it should be done or was a proportionate response. It was simply to show another poster going on about 'impossibilities' etc. was wrong in his facts.

I'm not particularly a supporter of Assange or against him. I just get pretty fed up with people stating the womens side as fact, totally ignoring what he says (when its their word against his) and claiming all sorts of other things as fact when they're not, or impossible when they're not.

At the moment, I think there's a lot of vanity on all sides of the equation and the matter is being blown up out of all proportion by all parties. Without doubt Assange has an 'interesting' personality and some history of criminality, but the womens actions in Sweden are also somewhat strange as well.

Mad Mike

Re: Actually, no

@I ain't Spartacus.

Another person who insults as a rebuttal to a point made by another.

A parliament can pass any law it wants. It could be done in all sorts of ways. For instance, it used to be that retrospective laws weren't made. Not because there was a law against it per se, but because it was viewed as unreasonable to make something a crime AFTER the person had committed it. This has been well and truly broken in the UK now, with several retrospective laws, including the loss of double jeopardy in some cases. I can tell you're not a lawyer or otherwise in the judicial process as your mind doesn't seen able to create interesting routes round the problem, a feature of lawyers. For instance, Sweden could simply repeal the law that makes his act an offense and make it retrospective!!

Also, the constitution can be changed as well, so this is no barrier. Depending on the constitution, it might require some sort of referendum, a vote in parliament or whatever. However, it could be changed. You seem to misunderstand the concept of judicial independence. That doesn't mean the government can't enact laws that impact the judiciary, just that the judiciary are there to interpret the laws as they see fit and the government can't tell them how to interpret them. This has oft been an issue in the past when the judiciary hasn't interpreted the law as politicians wanted!!

As to the tax law I quoted. It is wide open to interpretation. In order to avoid it, the person has to show a purpose to his legal construct. Well, what about he just wanted to?? Whats the matter with that? That law has been created for one specific reason only. Accountants are far smarter at getting round tax laws than the people writing said laws. The answer is not to write a general purpose law allowing wide interpretation, but either to write the laws smarter, or actually take the intelligent approach. Simplify the law. It is the complexity of laws that opens all the doors through which accountants pass. Simple laws are far less likely to have these. It is the politicians desire to bias things to their particular liking and making exception this and exception that, that results in overly complex laws, full of holes.

Your interpretation of the tax law is interesting as you almost certainly fall foul of it, as would pretty much everyone in the UK. You also misunderstand the difference between tax avoidance and evasion, which is fundamental. Evasion is and has always been, illegal. Avoidance never has been, but this law makes it so under some circumstances. Unless you're a saint, everyone in the UK tries to avoid tax, but not everyone tries to evade it!! You don't pay what you can legally avoid paying in other words.

You also have to look at politicians logic in all this. An ISA account is an investment account with one specific purpose over and above other investment accounts.......to avoid tax!! Does this make it illegal? They only exist to avoid tax. You could get exactly the same terms with a non-ISA account, but pay tax on the interest/gain as usual. Instead, you choose an ISA as you can avoid the tax!! So, according to your interpretation, an ISA falls foul of this law. Of course, ISAs are approved of by HMRC and politicians, so they'll look over this!! Pensions are another good example. You could save for retirement by putting money into an account and getting interest etc., but you actually pay into a pension? Why? Because a pension avoids tax on the money!! Again, the only purpose of a pension over an ordinary investment is to avoid tax!! Another avoidance you probably take advantage of!!

Mad Mike

Re: Are you insane?

"Stop press: Whiny, lying, attention-seeker, chicken-shit has been whining and lying for years."

True. But, it doesn't mean he isn't right. Only time will tell. Are you suggesting he should hand himself over and let himself become the proof? It would end it once and for all, but depending on whether he's right or not, might be dangerous to him.

Interestingly, the US prosecution of Bradley Manning is interesting in this regard. Whilst he undoubtedly broke their secrecy laws and his contract of employment, many countries have whistleblower legislation that 'should' protect someone who reveals illegal acts etc. Some, but by no means all, of what he did was exactly that. So, I either deduce that the US doesn't have that sort of law, that it doesn't apply to the 'state' or 'military' or that they simply don't care.

Mad Mike

Re: Well. Regardless.

"Any US official who gets involved in this would be a total idiot."

Agreed. But, how can I put this..............there's a lot of historic reason to believe a fair few are.

Never underestimate peoples stupidity!!

Mad Mike

Re: Actually, no

"No, it doesn't have that power. The government may not interfere with legal proceedings. Read here: http://en.wikipedia.org/wiki/Ministerstyre for the short version."

As a government implements laws, it effectively can issue a guarantee by writing a law to that effect. Yes, it can't interfere with the interpretation of that law by the judges, but it can write whatever it likes provided it gets through the appropriate steps to get onto the statute books. So, a government can create a law saying Assange cannot be prosecuted for a given act etc.etc. All judges can then do is determine if the extradition request is in relation to that act and if so do as the law says. Of course, someone could later create another law reversing the first, or repeal the first, but normally laws are not written to impact the past.

Of course, there is precedent now, within the UK at least, to write some pretty dodgy laws. The new one on tax avoidance is a good example. If something is setup for the sole purpose of avoiding tax, it's illegal even though it's legal in every other way!! That's open to a huge amount of interpretation and person opinion. Very dangerous.

Mad Mike

Re: THE HONEY TRAP

@AC.

Some of what you say is accepted by both parties and therefore can be treated as fact. Some of the rest is not and therefore cannot be stated as fact. In both cases, it's basically Assange v the woman (I assume they would prefer to be known as women rather than girls). So, the 'facts' are not as easy to state as you make out. In some important regards, Assange claims different to the woman. You can't simply take the womans account as fact and ignores Assanges claims.

This entire case is largely based on vanity. Yes, we all know Assange is very vain. However, most of the politicians and other parties involved are also pretty vain as well. The case is so old now, that if the only purpose was to establish if some nasty had been transfered (HIV etc.), it would have been found by now. So, this case is largely about other things now; maybe not at the beginning, but certainly now. Effectively, it's become a vanity project by all concerned and that's not a very good position to start justice from, regardless of where your views lie.

Mad Mike

Re: Yeh right.

Whilst I agree to a point, I don't think we should underestimate the power of vanity. It wouldn't be the first time the US has got itself into a position through stupidity caused by vanity. Assange threatens the vanity of various people in America, not least the politicians and military. How far will they go and how stupid will they be to get him? Arguably, history tells us, a long way. They've managed to quite nicely alienate a fair proportion of the worlds Muslim population (especially Arabs) over many years due to their policies and more recently their 'war on terror'. Through a combination of act and rhetoric, they've shown they can be very stupid.

Not that the UK is much better. UK politicians are just as bad. Take Huhne as an example. Effectively, he lied and ended up killing his career etc.etc. through vanity. He didn't want to be banned. Yes, it would have been politically a bit embarrassing at the time, but he could have turned it around and used it to show he's the same as the common man. Makes mistakes etc.etc. Instead, it hurt his vanity, so he lied about it and got others to help him. Stupidity in the extreme. Mind you, he's probably got enough pals left in Whitehall to ensure a return to politics after a suitable period 'off'!!

Mad Mike
Facepalm

Re: Guarantee from Sweden

"Judges do not like being made a fool of"

Why do they do it to themselves so often then? Hearing a lot of the sentences and statements made by judges, I rather thought a lot of them did like looking the fool. A certain one in the north around burglars and paedophiles springs to mind....................