You are ONLY seeing this through a lens of function. I do have to wonder if that is your lens, what are your views as to protecting software through patents? If the borrower is not prohibited from withdrawing the compensating balance and using such funds in current operations, it could be appropriate to include such amounts in the cash and cash equivalent caption depending on the reporting entity's policy for defining restricted cash. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors.. Whether the API described by the specifications (including the names and hierarchy) is a system or method of operation is strictly a 102(b) question. You cant copyright a programming language. For this case, it is no longer relevant, of course, but the Supreme Court did not support the CAFC arguments regarding merger. An instruction manual on how to play a game or operate a machine may be copyrightable, but not the underlying game or the interface of the machine. (c) The Orlando broker is immune from FREC disciplinary action because he was working with a Florida real estate licensee. (d) At least one officer must be an active broker. That same industry is under the lens of regulators throughout the world. Hardly, youre drinking the Kool-aid, just what Google wants. You miss the entire point. Creative expression in designing an API? Assertion List Examples, Incorrect vs Correct Assertions . Generally, only investments with original maturities of three months or less qualify under that definition. c. Most business licenses and permits can wait until after a business is launched to be obtained. The former is like copyrighting the English language and then suing people for speaking. No, the prior period should not be reclassified. Regulation D includes three SEC rules Rules 504, 505 and 506 that issuers often rely on to sell securities in unregistered offerings. Craping on the shoulders of giants. Bryer wrote: As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. (a) $500 fine and imprisonment for up to 90 days (b) $1,000 fine and imprisonment for up to 1 year. Read this case: Satava v. Lowry a thin copyright that protects against only virtually identical copying. Yes, distinctive curls of particular jellyfish tendrils are copyright registerable. Neither merger nor Fair Use say that the copyright is invalid or does not exist. If you change those, it becomes a different API, with different behavior. There are simply far too many people who have no clue of law, and merely think that their level of technical understanding compensates and allows them to speak on something that they just do not understand. For an example of how slight degradations to liquidity can impact the ability to classify an investment as a cash equivalent, seeFSP 6.5.2.2regarding an SEC rule that impacts the classification of certain money market funds as cash equivalents. . Under the Florida Residential Landlord and Tenant Act, a landlord is required to do all of the following, EXCEPT: (a) Bargain in good faith (b) Provide maintenance sufficient to comply with code (c) Notify tenants within 30 days of the manner in which security deposits and advance rents are being held (d) Deposit advance rent and security deposits in an interest-bearing account. (a) When one spouse dies, the other spouse receives a life estate. bah, they understand what their overlords have been preaching to them: all intellectual property protections are bad. The term that I found interesting was transformative, which is something discussed both in the majority opinion and in the dissent, which the majority stating that the transformative role of Googles use was enough to overcome its commercial nature. You contend that the 11500 lines of code is completely void of the threshold level of originality and creative expression? The small portion of copying 11,500 lines out of 2.8 million represents the copying of functional/declaritive interface of things like Math.max(a, b), list.size(), etc. This is judicial activism. (c) Request an injunction from the Department of Business and Professional Regulation. For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. (c) Provide protection from any and all debts that may be incurred against the homeowner. (a) Third-degree misdemeanor (b) Second-degree misdemeanor (c) First-degree misdemeanor (d) Third-degree felony, What is the maximum amount of money that can be paid from the Real Estate Recovery Fund to three persons who suffered monetary loss as the result of a fraudulent act committed by a real estate licensee and have been awarded a single judgment? What is the charge for anyone found guilty of using false or misleading advertising? Although they each enjoy 25% interests, they acquired their interests at different times. Code is the expression of function, just as a cook book expresses function. Majlis Perbandaran) where thebusiness is located. The billion $ judgments sparked heavy lobbying against independent inventors, startups, the USPTO, universities, you name it. Not pertinent here. I mean, it dovetails right in with the trend that everything American is being destroyed, MLB, NFL, Coca-Cola(TM), patent laws, order in the cities, etc. You can check the license restrictions on the TrueType fonts you've used in a publication by opening the publication and clicking File > Info > Manage Embedded Fonts. What was the significance of the 1968 Jones v. Mayer Supreme Court ruling? Your supplying of what Breyer stated simply show that I am correct and that you are simply incorrect.. The business licenses and permits that are needed vary by city, county, and state. (a) Steering (b) Restricting (c) Conspiring (d) Blockbusting, What term is used to describe the actions of a broker who induces an owner to list or sell on the basis that the neighborhood is deteriorating due to minority influences? Cash also includes other kinds of accounts that have the general characteristics of demand deposits in that the customer may deposit additional funds at any time and also effectively may withdraw funds at any time without prior notice or penalty. Ch. 1 - Management and Supervision exam.docx - Course Hero By providing your details and checking the box, you acknowledge you have read the, The following fields are not editable on this screen: First Name, Last Name, Company, and Country or Region. (c) Calls could result in a fine of up to $15,000. Copyright exists in creative expression fixed in a tangible medium. 11500 lines of code written by a human has creative expression, theres is absolutely no argument as to that point. Employees can specify additional amounts to be withheld each month. GAAP does not require restricted cash to be presented separately on the balance sheet. Two years later, as the memoirs were nearing completion, petitioners, as the copyright holders, negotiated a prepublication licensing agreement with Time Magazine under which Time agreed to pay $25,000 ($12,500 in advance and the balance at publication) in exchange for the right to excerpt 7,500 words from Mr. Fords account of his pardon of former President Nixon. NOTE: If you were convicted in court, you may also face additional court penalties, including fines and suspensions. Copyright exists well beyond scantiness in those 11500 lines of code. The expression can be protected, the function can not be protected by copyright (though it may be protectable by patent). Believe it or not programmers do understand how code works, which most of SCOTUS and lawyers generally do not. (a) Nothing. (a) Seek an injunction from the Florida Real Estate Commission. (a) An officer (b) A stockholder (c) A director (d) An officer and a director. Dont know the last time you spoke face-to-face with Nimmer or Donaldson? FSP Corp issues debt in a $100 million bond offering, and, per the bond agreement, the proceeds are distributed to an escrow account that FSP Corp records as restricted cash. However, as SCOTUS is wont to do, they created this factor/test for which they alone know the answer to and with which they can justify whatever result they want. I can call a map to appear on a webpage by typing google.maps.Map(). If I copied the data used to actually make that work, that would be copyright infringement under the decision! How is it not a question of merger? C. A contract is an agreement between two parties that creates enforceable rights or performance obligations. Breyers a pragmatist, that is what he believes, and he wrote the opinion. Which statement best describes the legal requirements? "I happen to be one of those people," said Bradley Ware, an FBI community outreach specialist based in. loopntimes(n) { The oral arguments pointed to Breyer notching a win for Google, just like he did in Mayo. 2003-2023 Chegg Inc. All rights reserved. But hey, ignorance is bliss and theres no point in explaining this point to anyone who cant be bothered to read beyond the headlines. Now, Breyer expands fair use to the benefit of defendants that copy (exact copies). E) Money must be raised by the sole proprietor. The beginning and ending balance of cash, cash equivalents, restricted cash, and restricted cash equivalents and any other segregated cash and cash equivalents shown on the statement of cash flows should agree to the total of similarly titled line items on the balance sheet. A South Carolina suspended drivers license reinstatement process dictates that drivers satisfy a set of requirements that may vary depending on the type of offense committed. If a compensating balance arrangement legally restricts the use of cash, such amounts should be considered restricted cash. (d) The investigator offers his or her opinions based upon information obtained during the course of the investigation. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. But for copyright that is how it is, and that isnt remotely controversial. A controller built on some Windows OS without use of APIs? 2019 - 2023 PwC. This is simply asinine and unrelated to the legal points present. The other was that the declarations merge with the Java SE API. Copy what you want, destroy the value and incentive structure of the IP system. Company name must be at least two characters long. print i (a) Intent, relationship of the parties, method of annexation, and adaptation (b) Intent, abandonment, redemption, and accretion (c) Size, annexation, avulsion, and adaptation (d) Intent, size, annexation, and redemption, What are the four unities required to create a joint tenancy? (a) The following Monday (b) Wednesday (c) Thursday (d) Friday, When two or more parties participate together in one transaction where no formal paperwork or registration is completed, which type of business relationship has typically been formed? Oracle can take this same fight up to Canada or down to Mexico and easily win, the U.S. skewed IP protections (like the need for registration before youre able to go to court) is not followed by all of the other major Berne member countries. You are saying that knowledge is not relevant at all to deciding a major question that could upend the very industry in which programmers work? The only winner here is the dont care what protection you think that you might have, I am just going to take it view. @BP Maybe Thomas saw the damage he inflicted with Alice?. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding.. Sure, if in fact there was otherwise no infringement. while I < n: Every product shipped copies these headers because theyre absolutely required for source code to use the API however by themselves they have ZERO functionality and do not actually IMPLEMENT an idea. Common Court Forms that Must be Accompanied by a Restricted Information Form. No, It was not. Once the API is designed, there are no choices in how to right the declaring code (except for some minor aspects, aspects which Google did not copy). I noticed that as well and chalked it up to a lot of coders that may have been following this case (and the abysmal Kool-Aid that is so constantly served to them in their industry blogs). (a) The parties to a real estate transaction (b) The Department of Business and Professional Regulation or its authorized representatives (c) The state Attorney General (d) A public defender, All of the following businesses are required to file documents with the state, EXCEPT: (a) Corporation for profit (b) Not-for-profit corporation (c) Corporation sole (d) Cooperative association, Which condition would require a location to be registered as a brokerage branch office? Oh my, my, . Your point here intersects with the point that I have provided in regards to transformative.. All partners will work with buyers and sellers, showing properties and taking listings. Similarly, an investment that is readily convertible into a known amount of cash, but that has a maturity greater than three months, is also not a cash equivalent. So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Tutorial 7.docx - Tutorial 7 1) Which of the following statement The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. All cash receipts/payments with third parties directly to/from restricted cash accounts will need to be reported as an operating, investing, or financing cash flow based on the nature of the transaction. Look at the API itself, not the code that expresses it. This time, the Justices blessed Googles copying of Oracles code and called it fair use despite the fact that Google copied that portion of the Sun Java API that allowed programmers to use the task-calling system that was most useful to programmers working on applications for mobile devices. Financial statement presentation. If you copy the Java API abstraction (e.g. You keep saying that merger doesnt apply. (b) Notify the tenant of the location of the funds within 20 days of receiving the funds. From the Breyer decision: Google copied approximately 11,500 lines of declaring code from the API, which amounts to virtually all the declaring code needed to call up hundreds of different tasks. (a) Tables and chairs are provided for sales associates and customers (b) The location is used as a shelter to get out of the sun or rain (c) Literature which contains the broker's office address is handed out (d) Sales associates are permanently assigned to the location. Copyrighted works still under protection are by definition not public. You keep on wanting to draw errant Legal conclusions that simply are not possible in copyright law. Audio is not supported in your browser. However, this is also true of paper forms just ask the IRS Yet blank forms are explicitly excluded from copyrightability and have been found to be fair use when copied. To avoid any trouble with Commission, the broker must deposit the check by close of business on which day? Accordingly, bank overdrafts represent short-term loans from the bank and should be classified as debt on the balance sheet and financing cash flows in the statement of cash flows, as discussed in the non-authoritative guidance included in section 1300.15 of the AICPA Technical Questions and Answers. You are not coming at this from an artists perspective. You dont appear to understand what Merger Doctrine is, what the Java API is (as distinct from the expression of that API), how 102 works, nor any of the applicable precedent. print(i) Night Writer: (a) The individual must be licensed as a stock broker and a real estate broker to sell cooperative units. While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. You might be able to get a copyright on the expression of the recipe, but not on the underlying process. Also note as anon has pointed out that transformative is what they are saying now to justify the copying but they also are saying that computer programs are not transformative implicitly in Alice. Which State Has the Most Regulations? - US News I understand that, but you should adjust your views about law based on what the people who are supposed to be following it actually think and do. As a result of the publication of The Nations article, Time canceled its article and refused to pay the remaining $12,500 to petitioners. (b) An ostensible partnership is not a true partnership. Three individuals decide to open a real estate brokerage office. When Thomas Jefferson (Anon) argues, if you build it you own the rights to it, Jefferson stayed in the US. An example of such disclosure may be as simple as stating, "Compensating balance deficiencies are subject to interest charges at the average rate for 91-day Treasury Bills.". (b) The broker associate may make earnest money deposits with the broker's permission. According to the dissent, in 2015 alone, the year before the fair use trial, Google earned $18 billion from Android. Which statement is most correct concerning a property owned by a married couple as tenants by the entirety? Software that does not fall under specific licensing terms is not always public domain code. All rights reserved. Ive done it, everyone has done it. (a) 10 (b) 20 (c) 30 (d) 40. What the Supreme Court did was rule only on Fair Use. NO price to pay of any kind for taking. Anon: The immediate point here is that those license requirements have no enforcement force anymore.. You cant just copy code. I will have to read through the filings of this case. Doubt you even know who they are . This decision would allow me and other developers to further my career, cant say the same for you parasites. (b) The individual selling the unit must hold a Florida Cooperative Sales license to perform this task. A) There is one owner. How does being able to copyright declaration code how does that encourage innovation? %%EOF (a) Consult with a real estate attorney who is experienced in handling escrow problems (b) Refer the parties to FREC (c) Notify the Florida Real Estate Commission in writing (d) Give the escrow money to the closing agent. Ah BP, coders have been provided gallons and gallons of Kool-Aid. But, for now, that doesnt matter. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. Brokers Licensing Course Flashcards (a) All partners must be licensed as active brokers. (b) The Probable Cause Panel is an exercise of the quasi-judicial powers of the Florida Real Estate Commission. With merger, amount copied also favors fair use (minimum amount needed). From what was said earlier, I declare Math.add to tell the programmer, hey this adds. This holding manages to be more moronic than the case that gave the little old ladies house away to the golf country club. If I use this paragraph as a password He lay flat on the brown, pine-needled floor of the forest, his chin on his folded arms, and high overhead the wind blew in the tops of the pine trees. (b) The sales associate should refuse to submit the offer without a cashier's check. Kelowna, British Columbia-- (Newsfile Corp. - April 28, 2023) - F3 Uranium Corp. (TSXV: FUU) (OTCQB: FUUFF) (" F3 Uranium " or the " Company . There is no lack of copyright. Finally, isnt the purpose of copyright law to increase innovation? 61J2, what would be the likely result? Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. What do you think is the copyrighted work in this case, if not the source code of Oracles Java SE libraries? This is 102(b). If you use Hemmingways work FOR THAT PURPOSE, it is not a copyright violation. Oracle never seriously contested this, their point was that if someone created their own loopntimes: loopntimes(n) { In fact they didnt even say that, they said you cant within the bounds of fair use. Campbell, which, created this mess could have easily been decided on the third factor (i.e., (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole). Its like how they have read process out of section 101 of the Patent Act. There is only one other constitutional provision that can be waived by a vote. (d) The sales associate may be charged with conversion. Tax 1 Chapter 12 MC from Test Bank Flashcards | Quizlet This is a win not only for Google but for every small developer who would be crushed by Oracles extreme misuse of the IP system. (a) A broker may conduct business from more than one unregistered office as long as the principal office is registered with the DBPR. The articles published express the personal opinion and views of the author as of the time of publication and should not be attributed to the authors employer, clients or the sponsors of IPWatchdog.com. (a) An ostensible partnership is required to file documents with the Secretary of State. The definition then provides two characteristics that elaborate on the required attributes. The copyright is substantial. 0 What percentage of the fee paid may the prospective tenant receive if the licensee provides inaccurate information? An overnight reverse repurchase transaction matures the next day; therefore, it is readily convertible to cash, similar to a demand deposit bank account or a treasury bill that trades with one-day settlement (both of which are regularly considered cash equivalents). Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. What is the first step in the eviction process? You said that Google dropped the merger argument, and you are quite clearly wrong. endstream endobj 278 0 obj <. How many times do you want to ask a question that you refuse to accept and understand the answer to? Which of the following statements regarding an ostensible partnership is correct? But the jury said both are fair use. I can make the point in another way. Remember that 102(b) says that copyright protection does not extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery. In particular, procedures, processes, systems, and methods of operation are generally taken to refer to functionality , such as a recipe (process), rules of a game (system), or the way you do something (method of operation). Breyer knew he was at the edge of a slippery slope and he could not cross, even though he really wanted to as he proved in Mayo, he hates IP rights and loves illegal monopolies. Steve can read Prof. Mennells articles (he has at least one family member that works for Google) and EFF articles, as paid-for by Google. (b) Appear (c) File an appeal (d) Bring an attorney, Which activity would be classified as a first-degree misdemeanor under F.S. (b) The landlord suffers from the tenant's failure to pay rent. 1 Ans - Taxpayers are not allowed to deduct either early distribution penalties or minimum distribution penalties Both Early distriubution pen. (d) Office signs are permitted but not required by law. Ok, in what way an I misusing specific terms? You only have to go back up to my post at11:17 am today to find the (same) answer. If a sales associate receives a post-dated check, which of the following is the most appropriate action? The beginning and ending balance of cash, cash equivalents, restricted cash, and restricted cash equivalentsand any other segregated cash and cash equivalentsshown on the statement of cash flows should agree to the total of similarly titled line items on the balance sheet. It protects creative expression. (d) An ostensible partnership will not be treated as though the participants were partners. Oracle has no interest protected by copyright in the declarations of the Java SE libraries. (a) Riparian (b) Littoral (c) Flowage (d) Aquifer, A potential purchaser of a new timeshare can cancel the contract without penalty within how many days? Texts warning of an expired driver's license are part of a phishing Many seem unable to even recognize that. The processes in Googles library were copied, but the code was different. Whats that? However, a reporting entity may have a contractual banking arrangement whereby the unit of account is the contractual arrangement, not the individual bank accounts subject to the arrangement (see. Googles argument is that the Sun Java API is such an abstraction. If you used a restricted font, you can either change to an unrestricted font or ask your printing service for advice. (c) The Broker may return the money provided there was a rescission period also documented in the Sales Contract. Working directly from this manuscript, an editor of The Nation produced a 2,250-word article, at least 300 to 400 words of which consisted of verbatim quotes of copyrighted expression taken from the manuscript. Experts are tested by Chegg as specialists in their subject area. Hypothetical question, considering this is a copyright and not a patent, what would have been a reasonable expectation for royalty payments had the decision gone the other way? Charlies interest in the land is which of the following? And Oracle conceded all of this. Fair use has turned into the new know it when I see it judicial tool to deliver a victory to special interests, just like 101 in patents (particularly in early dispositive motions or at the PTAB). Out of state: (717) 412-5300. Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. Because if the former is a copyright violation it is.basically literally impossible to code. Alice followed Mayo. That ruling would focus on the fact that the declarations can only be written one way to perform their function of responding to the calls already known to Java developers.
James Stevenson Obituary,
Hyde Park, Ma Police Department,
Articles W