which of the statements regarding restricted licenses is incorrect?

B. Identifying the contract with the customer is the first step of the revenue recognition model. The copyright is substantial. Some borrowing arrangements do not prohibit the withdrawal of compensating balances, but as a practical matter; future credit availability may be dependent on the maintenance of such balances. We fight for IP rights every day against a tide driven by advertising giants that seek to weaken IP rights and destroy federal agencies and the legal system. As such, the license gets the same protection all property gets as guaranteed by the United States Constitution. (d) The landlord files a motion for default. Oh my, my, . You are in error as to what the Supreme Court did vis a vis infringing or not. Again, these are clearly legal terms, and you are clearly NOT understanding what these legal terms mean. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. What Google might have done: made a set design parameters, use the same labels, pack a bunch of coders into a vault to produce 11,500 lines of code, and document everything. (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. . The contract calls for a deposit of $10,000, to be placed in the broker's escrow account. All rights reserved. A husband and wife purchase a home together, at the same time, on the same deed. Good day gentlemen. Look at what those lines define: a set of names, in a hierarchy, for the programmer to use to carry out operations on data. Ah, another victory for the monopolist. Google, through Android, provided a new collection of tasks operating in a distinct and different computing environment, Justice Breyer wrote for the majority, as he strained to find a difference without a distinction. Your designing an API example is without merit and shows that you dont understand the basis of copyright. (b) The name of the brokerage must be included in the ad. The same SV actors seeking to disrupt government and individual rights in the name of profit. Youre starting from the wrong point. The licensee could not satisfy any portion of the judgment from personal assets. For this case, it is no longer relevant, of course, but the Supreme Court did not support the CAFC arguments regarding merger. (a) All partners must be licensed as active brokers. 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. Again this is a non sequitur. Their point was you can copyright an API so that another entity cannot copy that API, not that programmers using the API are suddenly guilty of copyright infringement. Regulation D includes three SEC rules Rules 504, 505 and 506 that issuers often rely on to sell securities in unregistered offerings. 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. Most patent attorneys in this space ALSO know how code works and they have the benefit of knowing how law works. (b) After winning a court judgment, the Miami licensee may file a claim against the Florida Real Estate Recovery Fund since he/she was acting as a buyer, not as a licensee when the damage was incurred. An API is not the same as the code that implements it, any more than an algorithm is code. Certainly, identical copying and arguably more. (b) The lighting is a fixture and may not be removed by the tenant. The range of penalties that may be imposed on a licensee by the Commission for violation of law or rules includes which of the following? Rather, the court has always balanced congresses right to copyright things with freedom of speech and precedent arguments. Googles argument is that the Sun Java API is such an abstraction. (b) The broker associate may make earnest money deposits with the broker's permission. Oracle can take their Copyright fight outside of the U.S. to Berne Convention Treaty jurisdictions and win. (a) Fee simple estate (b) Life estate (c) Remainder estate (d) Estate for years, Able, who holds title in fee simple, deeds land to Baker to enjoy until his death. Real programmers do it right the first time. Unlike a bank overdraft, there is no cash flow impact from a book overdraft. You are aware that is exactly backwards right? What is the point in obtaining a copyright in software? Breyer needs to step down. If you copy the Java API abstraction (e.g. (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? You now backpeddle from function and expression of function, but it is still your original statements that I was addressing.. (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. If you copy and transform then you are in the clear for the Courts (not my) provided reasoning of Fair Use. 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? You presume a lack of knowledge (when that lack is not evident) because of your own lack of understanding of the law. Like stock options, restricted stock has to vest before it can be sold. Great comments by others here, people that actually know something. And whatever kind of person you are, both are insufferable, and I have zero business carrying this conversation further. This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. Heres what Breyer wrote: Could you imagine copyrighting a function like Math.add(a, b)? (b) The landlord suffers from the tenant's failure to pay rent. Do not operate on any more brains the patients you touch are piling up. Because if the former is a copyright violation it is.basically literally impossible to code. The mountainside sloped gently where he lay; but below it was steep and he could see the dark of the oiled road winding through the pass. What happens if a respondent fails to answer an administrative complaint? Instead of some lawyer?, Believe it or not programmers do understand how code works, which most of SCOTUS and lawyers generally do not. And that it would promote the arts and sciences by doing that? Please seewww.pwc.com/structurefor further details. But hey, ignorance is bliss and theres no point in explaining this point to anyone who cant be bothered to read beyond the headlines. What type of tenancy has been formed? For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. What if the copyright was only on the API? Merely entering or naming something isnt creative under copyright law. The ones that never had to get it right on the first run, like back in the days when homework in computer sciences classes ran on mainframes as you carried around your shoe box of cards. You need to get out of your own way if you are going to understand the results of THIS case. This isnt like Alice, where there are a lot of programmers who are upset with inabilities to patent almost everyone thinks this is a bad idea. What is the first step in the eviction process? (b) The agent should check with FREC before disbursing any money. Which of the following statements regarding an ostensible partnership is correct? Like so many who have tried and failed before you to convolute software and math, protecting a copyright in software (or even a patent for that matter in a software system or product) is not tantamount to granting exclusive protections on a mathematical equation. Fewer investments and advances in medical imaging? Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. Bank overdrafts occur when a bank honors disbursements in excess of funds on deposit in a reporting entity's account. Think of it this way, in 11500 lines of code, is there some scintilla of creative expression by a human or humans?. The Supreme Court made much of the fact that Google wrote millions of lines of code originally. (b) The Probable Cause Panel is an exercise of the quasi-judicial powers of the Florida Real Estate Commission. Not even wrong. Of very particular note, the term transformative is not found in the statute (does this sound familiar to anybody?). Similarly, compensating balances maintained by related parties for the reporting entitys benefit should be disclosed in the footnotes. Accordingly, an investment with a maturity of less than three months that is not readily convertible to known amounts of cash is not a cash equivalent. I am saying that merger does apply to the declarations, because the API they express is an uncopyrightable idea under 102(b) and there is no other Java code that will express that same function. So even though Googles use was a commercial endeavora fact no party disputed that is not dispositive of the first factor, particularly in light of the inherently transformative role that the reimplementation played in the new Android system.. If copying the heart of Java is fair use, this decision implicitly overrules the Courts decision in Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U. S. 539 (1985). And why would anyone else license Java from Oracle if Google is allowed to copy it as a fair use? If a similar case comes up in the Ninth Circuit, I have little doubt that they will find that such an interface is barred from copyright by 102(b), and that if (as in Java) some of the literal text is required to be the same in order to provide the same interface function, then the use of that literal text will not be infringing. If you look closely at the decision, youll see the bones of a merger argument in there, with the API an uncopyrightable idea, and the declarations being necessary to express that idea. Separately, you continue to confuse what Fair Use entails. The only way to create a class called Math that can be used by the application programmer is to use the line, The only way to say that the Math class can be found in a package called java.lang is for the line before that to be, The only way to specify that a routine called max is part of that Math class, and that it takes two integers and returns an integer, is to use the line. (a) Mediation (b) Arbitration (c) Interpleader (d) Escrow Disbursement Order. 25. 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. The license can also restrict the person ' s use of alcohol and drugs and specify the routes or areas where he may travel. If the expression has no creativity beyond that of the recipe itself, there is no copyrightable expression, no matter how original and creative the recipe itself is, and even verbatim copying will not be infringing. It is far more than formality to be rigorously trained (at law) to understand just how that Rule of Law is taken from the writings of the Court. Without making that decision, it does not end that. Saying something else was copyrighted is a non sequitur.. A taxpayer who receives a distribution from a retirement account before she is 55 years old is. You can set the default content filter to expand search across territories. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. The evaluation of the classification is based upon the facts and circumstances at each individual reporting period. 475? George received a final order from the Florida Real Estate Commission, ordering his license revoked. You miss the entire point. 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. 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. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. (c) The Probable Cause Panel determines guilt or innocence and submits a recommended order to the Florida Real Estate Commission. Java, on the other hand, was developed for use with desktop and laptop computers. (a) Nothing; the DBPR has no jurisdiction over unlicensed persons. Which original statements are you objecting to? Identical copying is copying and, absent fair use, infringes the copyright in the creative expression.. Like stock options, restricted stock has to vest before it can be sold. And for all those who are convinced Ive never written code, wrong again! Copy what you want, destroy the value and incentive structure of the IP system. But maybe now you can just take any open source code you want and incorporate it into your commercial product? A Java API is a beast, which differs from a C API, as the link to the Oracle document indicates. The Court was explicit that they were taking the item at point to BE copyrighted in order to move to a Fair Use analysis. Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. Audio is not supported in your browser. D) Liquidity of the investment is high. (d) The investigator offers his or her opinions based upon information obtained during the course of the investigation. Breyers written garbage in Mayo took down patent rights and diminished investment in key medical research areas. Just as a recipe is the expression of an uncopyrightable process, or a rule book is the expression of an uncopyrightable system, a computer program can expresse many uncopyrightable processes, systems, and methods of operation. Everyone is of course aware that copying code, straight up copying, is very common practice in the coding and software industry right? Which requirement is correct? Do NOT confuse pragmatism with proper application of the law. (c) The lease instrument is valid. Fair use preceded the statute, the court simply made it up, then it was codified. (a) The sales associate is not responsible for collecting the deposit, this is the broker's responsibility. Except for two things. (d) The tenant remained in possession after expiration of a lease. None of that function, none of that behavior, is within the scope of the copyright on the source code. The Orlando broker neglected his duties, resulting in a financial loss to the Miami licensee. 475. This is every major market outside of the United States, 170+ countries. (c) Provide protection from any and all debts that may be incurred against the homeowner. If a hacker breaks in by reverse engineering my password, that hacker infringes Hemmingways copyright.. Even verbatim copying of some of the text may not be infringing. Maybe Thomas saw the damage he inflicted with Alice? Your attempt to NOT associate the legal concepts of either Merger or Fair Use with the actual material at hand is what you need to focus on,. All they see is the warm promise of sunshine at the crest of that hill, as they charge full force towards that crest. (b) The investigator would notify the Chairperson of the FREC. (a) Handicap and familial status protections were added. This is a legal concept, and you appear to be insisting on using that term outside of its meaning. 6.4 Format of the statement of cash flows. Oracles argument was that the API had the same function in Googles code as it had in Oracles code, so that makes it not transformative. (a) Destruction, use, and extinction (b) Destruction, use, and enjoyment (c) Use, expatriation, and enjoyment (d) Disposition, enjoyment, and exclusion, Which of the following are the tests used by courts to determine whether an item is real or personal property? Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? The biggest problem with this case from the start has been that the lawyers have consistently failed to define APIs correctly, instead search for all kinds of weird analogies that are not at all like APIs. Many are of the mob-mentality type that this is what we do, regardless of whether or not that doing is appropriate under the law. Your assertion of quite familiar is not making it into your posts. If you change those, it becomes a different API, with different behavior. So, ironically, copyrights in software protected very little. The business licenses and permits that are needed vary by city, county, and state. The counter-argument is also the same that the business model is not copyrightable. I assert that there is no such alternate language. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. Now I know that you are not following what I have been saying. This ruling prevents open source software from being locked out of being interoperable with commercial software. The Supreme Court did not address it, merely saying that for arguments sake, assume that the declarations are protected by copyright. What the Federal Circuit said in effect was that any compatible library would be infringing on Oracles copyright, no matter how it was created. And it is transformative, you are transforming the declaring codes, which themselves do nothing, by changing the implementing code. 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. If the API is a system or method of operation, then you need to show that there are other declarations you can write in Java that express that same uncopyrightable API. (a) The landlord notifies the tenant that they must cure the problem withn a specified time period or vacate the property. bah, they understand what their overlords have been preaching to them: all intellectual property protections are bad. (c) By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. The names and the hierarchy are necessary parts of it. (a) Ask the Administrative Law Judge to subpoena the witness to testify. Youve probably never represented a client in a copyright case or won at the highest level in the copyright office. Do you realize how ridiculous that comment is? Im not going to hold my breath, which means Google appears to have a fully paid-up license to copy whatever code they want, regardless of how they destroy the copyright owners market and regardless of how many tens of billions, or hundreds of billions they make. If George wishes to appeal this order, what would be his next step? . Copyright exists in the creative expression of many objects that are functional. Bob decides to sue for his lost commission. As a result, a transfer between restricted and unrestricted cash accounts will not be reported as a cash flow. Breyer is explicit, he places promote well above the exclusive right of authors and inventors. A sales contract contains a contingency which states "this contract is contingent upon the buyer receiving 80% financing with an interest rate not to exceed 6% and a 30 year term." For example, assuming an entity collects $100 to be remitted to a customer, it may be able to deploy that $100 for its other operations and then draw $100 from a line of credit and repay the customer, without regard for where the cash was sourced. Look at the API itself, not the code that expresses it. If two components produce the same behavior, they have the same function. (c) A sales associate charges a fee to write a lease for a prospective tenant. Except Oracle. Diapers for you. Bryer wrote: As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of Wyoming. On average, states have 135,000 regulatory restrictions in administrative rules, with . Thats still unreasonable, but not as unreasonable. Google won with a Screw you, we are just going to take and not license approach. Images on IPWatchdog Primarily Provided by, Our website uses cookies to provide you with a better experience. Doubt you even know who they are . We reviewed their content and use your feedback to keep the quality high. I have copied Hemmingways work, which is copyrighted, and I have turned it into something functional, i.e., a computer code that is recognized by a cryptography system for authentication. Patent cases can be lengthy and time consuming. Bob is a licensed sales associate, employed by broker Jerry. (a) 50% of real estate only (b) 30% of the real and personal property owned at the time of death (c) 30% of all property owned and obtained by the decedent during the marriage (d) One-third of all property, What does the full bundle of rights in real property include? Motorists may reinstate drivers licenses by fulfilling the court requirements and paying the applicable reinstatement fees and court fines. Your reading comprehension is being mired by the Desired End that you solely want to have. (a) The investigator would attempt to obtain a summary suspension. When asked about the size of a home, the sales associate quoted the home as containing 5,300 square feet of living area. Walk into any software company today and say that and you will be shoved out the door immediately. History is an amazing thing, if people are willing to search for the truth and facts. If arrangements requiring maintenance of compensating balances during the year were materially greater than those at year end, that fact should be disclosed. The definition of "readily convertible to cash" is included in the FASB Codification Master Glossary. Any idiot can compile a list of phone numbers and names. If something like this happened with Disney being on the short end of the Supreme Court decision and compromising the value and copyrights held in Mickey Mouse, there would be a bill filed to overrule a renegade Supreme Court decision before the close of business. In the usual case, reportable compensating balances which in the aggregate amount to more than 15 percent of liquid assets (current cash balances, restricted and unrestricted, plus marketable securities) would be considered to be material. If you read carefully, I noted that I started programming in the 1970s and landed at a supercomputer institute (ever hear of Cray?). Google had two arguments involving 102(b). Wouldnt that threaten innovation through use of the platform? In other words, amounts generally described as restricted cash will be included with cash and cash equivalents on the statement of cash flows. (c) The Commission will proceed with the hearing. This is 102(b). Notably, both refer to business in the making of money. So, Google stood on the shoulders of Oracle for free. What should a sales associate do if a purchaser wishes to present a post dated check? As the Federal Circuit explained, and Justices Thomas and Alito agreed with in their dissent, the teaching of Harper & Row is that the single most important fair use factor is effect on the market for the copyrighted work. It also misses the larger point that the copying was considered Fair Use (and NOT that copyright was somehow precluded in the first instance). Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. (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? Most of my programming was for control systems, you know software that has to work. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. Which business organization can legally register as a real estate brokerage? But given that the Scotus and the CAFC has no care about consistency or logic and just makes things up as they go, Id say they would hold for the open source license. I would argue that the interface itself (the abstraction described by the source code, or the API specifications) is a process, system, or method of operation, and is outside the scope of copyright, the same way the rules of a game, or the ingredients and steps of a recipe are outside the scope of copyright. The 10,000 lines of code can be the core of the system that was difficult to design and the other 1 million lines of code can often just be coded by lower level coders. Copyright is about copying. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. This is like claiming your patent on the printing press allows you to dictate the uses of paper. (a) Reversion estate (b) Remainder estate (c) Estate for years (d) Joint estate, What rights allow a property owner to have reasonable use of water flowing over or through his or her land? If a money market fund no longer qualifies as a cash equivalent due to such analysis, we believe the corresponding outflow of cash equivalents within the statement of cash flows should be reflected as an investing activity. If many banks are involved, the disclosure should summarize the most common arrangements and aggregate the compensating balances involved. All of the following business formations can register to conduct real estate transactions, EXCEPT: (a) Corporation for profit (b) Not-for-profit corporation (c) Corporation sole (d) Limited partnership, If a broker has conflicting demands on money held in escrow, what is the first thing the broker should do? endstream endobj startxref If there are increased credit and liquidity concerns associated with the money market fund, especially if there is a significant decline in net asset value, a money market fund may no longer have the attributes to be considered a cash equivalent. Lesser amounts may be material if they have a significant impact on the cost of financing. C) Business ends at the owner's death or loss of interest in the business. And yes, in object-oriented programming especially a huge amount of thought goes into the API because the classes are integral to the design of the code. Finally, isnt the purpose of copyright law to increase innovation? Out of state: (717) 412-5300. That is an existing standard. (a) Misrepresentation (b) Conspiracy (c) Intentional deception (d) Culpable negligence. Alice followed Mayo. You cant just copy code. Items commonly considered cash equivalents include treasury bills, commercial paper, and money market funds. (c) An ostensible partnership cannot be created by real estate brokers. As the name/label of a given callable routine isnt subject to copyright, there will be no infringement, and end-users need not learn anything new.. You might be able to get a copyright on the expression of the recipe, but not on the underlying process. B) Like nonqualified stock options, the employee's income inclusion for restricted stock is the bargain element. How did I backpedal? After doing a little bit of research, it appears that this transformative factor was added by the Supreme Court back in Campbell V. Acuff-Rose Music. And, until today, Harper & Row stood for the proposition that a small fraction of the whole 300 to 400 words of an entire Presidential memoir, can be infringing when the value of the copyrighted work is taken. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. This is not correct in multiple dimensions. (a) 10 (b) 20 (c) 30 (d) 40. The source code is the expression here. The agreement gave petitioners the exclusive first serial right to license prepublication excerpts. Also, saying that 10,000 lines of code are insignificant because there are 1.5 million lines of code is absurd and offensive. Accordingly, reporting entities should disclose this fact. cape fear high school shooting, cuisinart wine opener troubleshooting,

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