(c) The ad may not be prepared by sales associate. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. It was the corrupt, patent- and copyright- biased federal circuit that forced this case to go the supreme court in the first place. In order for this fair use logic to be applicable, the literal code that could be copied would have to be the minimum that allowed for some measure of compatibility. (c) Calls could result in a fine of up to $15,000. This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. This abstraction is what should be considered an uncopyrightable idea. Java, on the other hand, was developed for use with desktop and laptop computers. D) Liquidity of the investment is high. Can you imagine writing a 200 page recipe completely lacking originality and creative expression? Doubt you even know who they are . When the $60 million is used for construction expenditures, it will be reflected as an investing outflow if it is for the payment of infrastructure, such as PP&E. Like stock options, restricted stock has to vest before it can be sold. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. Welcome to Viewpoint, the new platform that replaces Inform. }. I have been careful to identify function as opposed to the expression of function. I attacked your positions not you personally. Secondly, APIs are blank software forms. To BE Fair Use, it first needs be copyrighted. Basically for those that dont know open source software has a license with the code that basically says you can use it as long as any code it is included with is open for public use too. Sure, if in fact there was otherwise no infringement, then Fair Use is irrelevant, but so what? . NOW consider the declarations. (a) Exclusive Property (b) Separate Property (c) Joint Property (d) Protected Property. Steve with your Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. (c) The broker associate must hold an active broker's license. They are not code, they do not perform any function. Accordingly, auction rate securities and variable rate demand notes that do not mature, or are not puttable to the issuer, within three months from the date of acquisition do not demonstrate the maturity characteristic of a cash equivalent. Instead of some lawyer? 35 USC 101 is now the gateway test, for a judge to decide what he or she believes is abstract (with little scientific basis/evidence/knowledge). An actual purchase and sale of a security through the auction process should be reflected as an investing activity in the statement of cash flows. (b) The investigator will make a recommendation as to the penalty that should be imposed against a licensee. A "probationary license" granting restricted driving privileges can be issued for some offenses. Function in a computer program is behavior. 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. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. (a) Denial, reprimand, fine, probation, suspension and revocation (b) Imprisonment only (c) A fine and imprisonment only (d) A fine, reprimand, denial, suspension, revocation and imprisonment, An appeal of a Commission final order is filed with which of the following? Google in particular so much of their code is public. Your supplying of what Breyer stated simply show that I am correct and that you are simply incorrect. (a) Return the deposit to the buyer or seller based on which party asks for it first (b) Withdraw the amount of the commission from the escrow account (c) Retain the exact amount of the disputed commission in the escrow account until the dispute is settled (d) Distribute the escrow funds according to the directions of the company attorney, A prospective tenant pays a licensee for a rental information list. Read about auto design, clothing design, aircraft design, furniture design, jewelry design, recipe books, . Separate yourself from being a coder and you may see the faults. Now, Breyer expands fair use to the benefit of defendants that copy (exact copies). As a result, in practice, most preparers reflect book overdrafts as a liability on the balance sheet and disclose that such liability is a reinstatement of liabilities cleared in the bookkeeping process. 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. How would a licensee attempt to compel testimony from a witness in a formal hearing? What type of estate have they formed? The password serves a purpose. One was that the declarations are methods of operation, which in my opinion is a poor argument. If you dont want anyone using your API (which is why you need the headers), then you dont publish the API (IE: The headers). 6.4 Format of the statement of cash flows. If I recall correctly, the Merger Doctrine was raised earlier in the proceedings and found to not apply. I think under this decision that someone can just get your documentation and copy your system by sending out work based on your APIs. For example, if the reporting entity is named as the party that has the legal right to deposit into and withdraw from the deposit account (as opposed to being the entity for which the cash is held), the separate bank account is a matter of internal recordkeeping and is not a legally-segregated cash balance. Do you get it now? A buyer drops off an escrow check on Tuesday. Reporting entities are required to disclose (1) the nature of restrictions on cash balances and (2) how the statement of cash flows reconciles to the balance sheet when the balance sheet includes more than one line item of cash, cash equivalents, and restricted cash. Oracle has no interest protected by copyright in the declarations of the Java SE libraries. That response does not convey any information on what you think the copyrighted work is, or why you think that the source code of the Java API libraries is not the work in question. (b) The landlord suffers from the tenant's failure to pay rent. (d) Owners of property open to the public may be required to remove barriers to accessibility. However, assuming that cash has been reduced for outstanding checks based on the non-authoritative AICPA guidance discussed above, if a zero balance account is linked to a bank overdraft credit facility and checks presented for payment are immediately payable under the credit facility, the book overdraft would be, in substance, a bank overdraft. And yes, by changing the platform, that is because the whole point of Java is that it is platform flexible! (a) $50,000 (b) $65,000 (c) $85,000 (d) $150,000. Question FSP 6-2 addresses the presentation of changes in book overdrafts within the statement of cash flows. Github encourages it. Respectfully, your statement of but you should adjust your views about law based on what the people who are supposed to be following it actually think and do is the antithesis to the Rule of Law. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. (a) The investigator would attempt to obtain a summary suspension. A buyer has agreed to purchase the seller's home. Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it.. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. The SEC noted that under normal circumstances, qualifying money market funds with floating NAVs will continue to be reported as cash equivalents. (b) Broker Sam must sue broker Jerry for the commission due to Bob, since Bob is now employed by Sam. Accounting questions and answers. Each member firm is a separate legal entity. So, ironically, copyrights in software protected very little. (a) $500 fine and imprisonment for up to 90 days (b) $1,000 fine and imprisonment for up to 1 year. Its still a two-way street, the open source project can provide that API as an alternative, and if the commercial project changes the API, the open source project is free to use their changes. the API) and the creation of new creative expression (the code independently written by Google).. Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? y:#z. Oracle can take their Copyright fight outside of the U.S. to Berne Convention Treaty jurisdictions and win. (a) Corporation Sole (b) General Partnership (c) Ostensible Partnership (d) Joint Venture, There is a dispute over an escrow deposit. When asked about the size of a home, the sales associate quoted the home as containing 5,300 square feet of living area. (c) The investigator would issue a cease and desist order. He put that in because its what he believes. endstream endobj startxref Obviously, since it is in the interest and benefit of all those millions of programmers who are familiar with Java, Google should be allowed to copy Java rather than be expected to negotiate with the copyright owner and negotiate a license. Majlis Perbandaran) where thebusiness is located. Some even show a complete disregard for the essence of a legal view. Most patent attorneys in this space ALSO know how code works and they have the benefit of knowing how law works. The court did not say you can copy everything. (c) ADA mandates certain design specifications for accessibility. (c) Upon conclusion of the investigation, the investigator files an investigative report. 102 That would be a different API, with different behavior, different function.. Ok, Ill ignore the fact that apparently Anon and BP have no idea what an API is. There is no Anon lost in my comments. (a) Calls may only be made between 9:00 a.m. and 8:00 p.m. (b) Calls may not be made when representing a buyer. (a) 100% (b) 75% (c) 25% (d) 0%. Of course, billion dollar judgements against infringers. You come close on the recipe, but you are still missing the point. When may a landlord commingle tenants' security deposits with other business funds? If you have a commercial driver's license (CDL), you must downgrade to a Class C noncommercial driver's license in order to get a restricted license. 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. Fewer investments and advances in medical imaging? See Bikram v Evolation, Sega v Accolade, Sony v Connectix. The cash flow statement should reflect a financing inflow of $100 million. Ignorants weigh in with uninformed drivel.. In particular, the CAFC decisions are not binding on any other circuit. PwC refers to the US member firm or one of its subsidiaries or affiliates, and may sometimes refer to the PwC network. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. (b) A brokerage branch office may be closed and reopened at the same location during the same license period by requesting a reissue. If you change those, it becomes a different API, with different behavior. Because if the former is a copyright violation it is.basically literally impossible to code. Image Source: Deposit Photos That means the overwhelming weight of this ridiculous decision will be born by other creators. Copyrights just dont protect computer code from actors like Google.. Third Column Asserted Rights Category: Rights is SBIR, Limited, Proprietary, Limited/Restricted Correct Assertion Lists Example For a system, list data items at the lowest segregable component level: Common Errors found in Assertion Lists: Description is not precise or specific (too broadly stated) Sorry, you dont understand copyright. 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. A business legally formed and registered as Rich Real Estate, Inc. is considered to be what type of organization? Youve probably never represented a client in a copyright case or won at the highest level in the copyright office. (d) At least one officer must be an active broker. Is that socialism, corporatism, fascism, communism? However, because justices are so hard to remove (and their writings are so esoteric that the vast majority dont even understand what they are writing), they know that they can get away with it with little to no repercussions. And the court simply made a fair use argument, it didn't even reach that apis were uncopyrightable. A time for every purpose: too funny, you just dont get it, Im really getting a good laugh. print i (b) Provide a tax exemption to anyone living in Florida. Three individuals decide to open a real estate brokerage office. (a) 10 (b) 20 (c) 30 (d) 40. There is no lack of copyright. As for the fair use ruling, it seems almost inevitable that something that shouldnt be copyrighted in the first place will meet the standards for fair use, particularly as to nature of the work. (c) $5,000 fine and imprisonment for up to 5 years. Since you appear intent on only being insulting, dont show any evidence of actually understanding any of the issues, or any desire to participate in an honest discussion, I see no value in continuing this conversation. That is an excellent way to ship buggy and unworkable code. If a security deposit is is held by a landlord, what is the landlord required to do? If an investigator from the DBPR found a minor infraction of F.S. Copyrights in software are now useless. Yes.If a fictitious business name is being added to abroker's license, the fictitious business name statement should reflect that business is beingconducted byan "individual,"and if it is being addedto a corporation's license,the statement should reflect that such business is being conducted bya "corporation."Furthermore, the registered owner, as Instead, they should be accounted for as investments in accordance with. (a) Reversion estate (b) Right of succession (c) Receivership estate (d) Remainder estate, The owner of real property is considered to have the full bundle of legal rights which includes all of the following, EXCEPT: (a) The right of possession (b) The right of disposition (c) The right of control (d) The right of unlimited freedom to use the property in any manner. Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. Oh, and for those that think Republican-appointed justices will be more sympathetic to property rights, I need only point at that three of them signed onto this opinion. Which of the following is an approved depository for earnest money? 306 0 obj <>stream Shortly before the Time articles scheduled release, an unauthorized source provided The Nation Magazine with the unpublished Ford manuscript. The value of the Java API is allowing third party applications to run on any platform (windows, android, linux, mac-os, etc). Check out whats happening in the EU, India, Brazil. I dont know why thats a difficult to understand, BP claims to be a lawyer, it should be self-evident that context matters. The Supreme Court did not say that the declarations are protected by that copyright. (a) Ask the Administrative Law Judge to subpoena the witness to testify. The two primary fair housing laws in California are the California Fair Employment and Housing Act and the: -unruh civil rights act The California Real Estate Commissioner has made it very clear that a person's real estate license will be restricted, suspended, or revoked for any violation of the fair housing laws. 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. Start there before you start thinking about copying actual lines of code. It has been around in some form, and not just for computer code, for 25 years at this point. What is property called that was acquired by one spouse prior to the marriage? Charlies interest in the land is which of the following? Night Writer: The licensee could not satisfy any portion of the judgment from personal assets. Anon April 12, 2021 08:39 pm. My point is that one cannot reach Fair Use IF copyright has not attached. Most of my programming was for control systems, you know software that has to work. What Google actually copied was from the Harmony project, which was in fact developed as a clean-room project, and the ruling by the Federal Circuit was that it is the API itself that is protected by copyright, so the set of names, the hierarchy, and the relationships between classes are all protected expression. 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). All rights reserved. (a) When no substantial threat to the public health, safety and welfare exists (b) The hearing officer recommends one (c) A final order was served on the licensee (d) A formal complaint has been received by the Department, What is the maximum fine FREC can impose against a licensee who was found guilty of two violations of F.S. Breyer needs to step down. At that time, Charlie is to receive title to the land. Kool-aid is what many programmers now drink. Which statement correctly applies to solicitation calls to this owner by a licensee? Maybe instead look at the actual arguments I have provided. All they did, in effect, is say that when something is functional, you cant say it isnt transformational simply because it has the same (uncopyrightable) function.. If I write a program that works using Oracles Java API library, should I have to rewrite it if I want to use a different library (changing not only the names I use in my program to call those functions, but also changing what those functions do and how they work together)? Read the Copyright Board decisions and you may learn where the line is drawn on creative expression fixed in a tangible medium. Its interoperable because anyone can use it and attach it to anything. (c) Sam assumed responsibility for the unpaid commission when he employed Bob. This is a legal concept, and you appear to be insisting on using that term outside of its meaning. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. The SEP Couch with Tim Pohlman, PATENT PROSECUTION & Portfolio Management Masters June 2023, STANDARDS, PATENTS & COMPETITION Masters November 2023, TRADEMARKS & BRAND PROTECTION Masters December 2023, Patent Practice Training Course On Demand, Harper & Row, Publishers, Inc. v. Nation Enterprises, Clause 8: Tim Pohlmann on Founding IPlytics and Hosting The SEP Couch, New SEP Regulatory Framework and AI Copyright Legislation Advance in the European Union, Preventing an IP Infection: Clean Room Development Procedure, Other Barks & Bites for Friday, April 28: New R&D Center for Semiconductor Tech on the Horizon, European Commission Proposes New Patent Rules, and Ed Sheeran Appears in Court to Address Copyright Infringement Allegations, USTRs Special 301 Report Says Chinas Improvement on IP Has Slowed, House IP Subcommittee Suggests Vidal is Overstepping with Advance PTAB Proposals. @BP Maybe Thomas saw the damage he inflicted with Alice?. Free copying. Although they each enjoy 25% interests, they acquired their interests at different times. (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? Here, Googles copying of the Java code and use in the multi-billion-dollar Android platform has unequivocally destroyed Oracles ability to license. They own property as tenants by the entireties. Android is extraordinarily commercial. You are not coming at this from an artists perspective. (a) To extend the meaning of the law (b) To specify and implement the law (c) To give new meaning to the law (d) To give licensees notice of the range of penalties that normally will be imposed for violation of a law or rule, Who reports findings of fact to the Commission at the conclusion of an administrative hearing? The first question presented (that they chose not to answer): whether copyright protection extends to a software interface. Promotion of public works, where you start, is a total misfire. Which of the following escrow dispute settlement procedures involves the use of Interpleader? But Ms. Perkins says that if I write a code for a new controller (say controlling a complex system, that actually makes a useful product, while maintaining that system in an unsteady state) I cant/shouldnt have protection? "Whether Google's declarations are infringing is a question of merger . Sure, if in fact there was otherwise no infringement. Its common sense that APIs arent copyrightable. You presume a lack of knowledge (when that lack is not evident) because of your own lack of understanding of the law. c. Most business licenses and permits can wait until after a business is launched to be obtained. Fair Use simply does not apply in any instance in which you lack a copyright. As in Mayo, Breyer believes that IP rights should be determined by judges. (c) A sales associate charges a fee to write a lease for a prospective tenant. You have no clue what is creative expression. You can set the default content filter to expand search across territories. Thats nonsense. As indicated inSEC FRP 203.02.b, when a reporting entity is not in compliance with a compensating balance requirement at the balance sheet date, that fact should be disclosed, together with stated or possible sanctions. (d) The broker associate may not provide real estate brokerage services to others. 1) to protect the public by suspending or cancelling the licenses of those licensees who do not adhere to the requirements of the Act 2) to consolidiate all the remedies available to a person who has suffered damages due to the imcompetence of a licensee 3) to prevent unethical practices in the real estate industry Instead of some lawyer?, Believe it or not programmers do understand how code works, which most of SCOTUS and lawyers generally do not. (a) Civil Rights Act of 1866 (b) Civil Rights Act of 1968 (c) Civil Rights Act of 1964 (d) 1988 Fair Housing Amendment, What is the maximum fine that may be imposed for a first time violation of the Florida Fair Housing Act? With merger, amount copied also favors fair use (minimum amount needed). Matlab isnt threatened by this. (d) Escrow money is always nonrefundable. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. 475. The expression of a recipe may be copyrightable, but the underlying process (the ingredients used and the steps used to prepare the food) are not. (a) The broker asks the Commission for an Escrow Disbursement Order (b) Mediation (c) Litigation (d) Arbitration. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. (c) By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. Then ask, what does the copyright cover. That is from Googles brief. You might not like that. This then also impacts your total reliance on the Merger Doctrine. Your comment speaks volumes about how little programmers know about what they are actually doing. OMG, the arrogance of some programmers is incredible! (b) The Commission will dismiss charges against the licensee. What term refers to this right to regain ownership? A reporting entity should also consider the significance of its restricted cash balances and whether its definition should be disclosed as a significant accounting policy pursuant to, 6.5 Cash, cash equivalents, and restricted cash. endstream endobj 278 0 obj <. The processes in Googles library were copied, but the code was different.
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