Copyright exists in creative expression fixed in a tangible medium. You insert a bit of an overstatement and want me to defend a position that I have never put forth with your question of, Why do you think that merger had nothing to do with this case? I was very clear that merger had been attempted to have been used in this case. Federal Constitutional Voting Protections - Ballotpedia Images on IPWatchdog Primarily Provided by, Our website uses cookies to provide you with a better experience. Why? Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? 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. Or should someone be able to re-implement those same routines, including naming them and using them the same way, so that my program can work using either library? 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. How is it not a question of merger? That is the principle underlying fair use. I suppose that the rewriting of laws has been going on at the Supreme Court probably since its existence. Look at the API itself, not the code that expresses it. I really do not have any issues with an appropriate change in law by the appropriate means. The debug.log file gets created once you start the floating license server. Google copied those processes, that function, yet did not infringe. They also copied the methods of operation, and the system of methods and processes. 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. An Item may well have multiple aspects that inure multiple different protections under multiple different intellectual property laws. The first was the required three readings of a bill prior to its floor vote. Googles argument is that the Sun Java API is such an abstraction. Texts warning of an expired driver's license are part of a phishing Thats not my doing. You may feel differently that everything must be super formal, but there are pragmatists on courts and in law and pragmatism isnt invalid. It is for your own use only - do not redistribute. Which statement is most correct concerning a property owned by a married couple as tenants by the entirety? @6 Judith Perkins: Have you seen the damage inflicted by software patents?. (a) $1,000 (b) $5,000 (c) $7,500 (d) $10,000, What action might the Secretary of the Department of Business and Professional Regulation take against a broker whose actions pose an immediate serious danger to the safety and welfare of the public? Oracle never seriously contested this, their point was that if someone created their own loopntimes: loopntimes(n) { endstream endobj startxref (c) Provide protection from any and all debts that may be incurred against the homeowner. (a) Interest, survivorship, possession, and time (b) Possession, deed, title, and time (c) Possession, interest, time, and title (d) Person, use, interest, and purpose, Under the law of descent and distribution, what percent of property passes to a surviving spouse if there are no lineal descendants? Which statement is correct regarding this situation? Yes. So, ironically, copyrights in software protected very little. So the platform changing matters! If you want to request that the judge reinstate your driving privileges before the suspension is up, know that each jurisdiction has its own procedures and you should follow them exactly. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. It really isnt the end of the world everyone is claiming it is. (a) The Probable Cause Panel is composed of three Florida Real Estate Commission members, no more than one of which may be a lay member. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. Merely entering or naming something isnt creative under copyright law. I am relating that to fair use by saying that the factors that support merger also support several of the factors in fair use. What I DID say and what the Court DID DO was to use that lever of transformative in several of the (traditional legal) Factor analysis, and in effect turned the analysis to OPPOSITE of what those analysis would normally point to, and did so based on transformative.. 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. NOTE: If you were convicted in court, you may also face additional court penalties, including fines and suspensions. Yes, YOU own your faulty positions, so my reply necessarily referred to you in that capacity, but the arguments themselves were not you are an idiot. Rather, they do provide specifics such as the terms YOU are using are legal terms of art. The former is like copyrighting the English language and then suing people for speaking. (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? (c) If a sales associate wishes to be an officer or director, his or her license must be placed on inactive status. Bank overdrafts occur when a bank honors disbursements in excess of funds on deposit in a reporting entity's account. Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. It appears that no one in that ideology is capable of anything beyond surface thinking. Thats exactly what the Supreme Court did in this case. Yes, there is creativity in designing an API, but that is not authorship, just as creating a new recipe is not authorship. Sure, if in fact there was otherwise no infringement. In those cases, the argument was exactly the same as Thomass discent that the business model was built into the design of the forms, so they should be protected. The system is the relationships between the different classes, also with its own function. That is the merger argument which the Supreme Court declined to take up. 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. Which of the following escrow dispute settlement procedures involves the use of Interpleader? Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it. This is plainly wrong. Reporting entities should consistently apply and disclose the treatment of such payments. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. 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. Generally, the fact that a reporting entity maintains a separate bank account for funds it owes to a third party does not require the cash to be restricted on the balance sheet. Non-authoritative guidance included in section 1100.08 of the AICPA Technical Questions and Answers indicates that outstanding checks should be accounted for as a reduction of cash. It protects creative expression. What is the purpose of the FREC disciplinary guidelines? I assert that there is no such alternate language. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. Example FSP 6-2 illustrates how a reporting entity should reflect the proceeds of a debt offering held in escrow by a bank in the statement of cash flows. (c) Upon conclusion of the investigation, the investigator files an investigative report. (b) The landlord suffers from the tenant's failure to pay rent. Solved Which of the following statements regarding | Chegg.com (a) In a residential neighborhood which prohibits commercial properties (b) In a motorhome (c) In at least one room in a fixed location wherein books and records may be retained and negotiations may be conducted (d) In a broker's car, In which of the following institutions may a broker place escrow deposits? This term is also used when referring to a "declaration of informal marriage," which is the document that . What is a software license? 5 Types of Software Licenses | Snyk 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. When a company is not in compliance with a compensating balance requirement, that fact generally should be disclosed along with stated or possible sanctions whenever such possible sanctions may be immediate (not vague or unpredictable) and material. The oral arguments pointed to Breyer notching a win for Google, just like he did in Mayo. Java, on the other hand, was developed for use with desktop and laptop computers. Which State Has the Most Regulations? - US News 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 should show more details of why the server is not started or cannot be run. (d) Calls are not permitted when attempting to obtain a listing. You truly are the last bulwark before the collapse of the IP system in the USA. (b) All sales associates, broker associates, and brokers who are registered with the firm must be either officers or directors. 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. A residential developer offers a contest whereby each individual who tours a model home receives a treasure box key. You'll get a detailed solution from a subject matter expert that helps you learn core concepts. Oracle could have tried better to make that distinction. That would be a different API, with different behavior, different function. Which of the following best describes a DBPR investigator's roles and responsibilities? B. Identifying the contract with the customer is the first step of the revenue recognition model. The source code is the expression here. That is what was locked up in those 11k+ lines of code. API falls within the definition of that which can be copyrighted., In our view, for the reasons just described, the declaring code is, if copyrightable at all, further than are most computer programs (such as the implementing code) from the core of copyright.. What percentage of the fee paid may the prospective tenant receive if the licensee provides inaccurate information? Should those names, or the set of functions that the names invoke, be protected by copyright? 11500 lines of code written by a human has creative expression, theres is absolutely no argument as to that point. It also misses the larger point that the copying was considered Fair Use (and NOT that copyright was somehow precluded in the first instance). What if the copyright was only on the API? 2003-2023 Chegg Inc. All rights reserved. Google immediately backtracked on it upon questioning during oral argument. The license can also restrict the person ' s use of alcohol and drugs and specify the routes or areas where he may travel. The statement of cash flows must detail changes in the total of cash, cash equivalents, restricted cash, and restricted cash equivalents and any other segregated cash and cash equivalents for the period. Lesser amounts may be material if they have a significant impact on the cost of financing. Classification of additional amounts as restricted beyond those that are legally restricted should be subject to a reporting entity's accounting policy. Matlab isnt threatened by this. This is being spun as a victory for Open Source. It cares who is right. I think under the logic of this opinion that open source license is unenforceable. Tutorial 7.docx - Tutorial 7 1) Which of the following statement 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. (d) The broker associate may not provide real estate brokerage services to others. I never said that it wasnt, so Fair Use simply does not apply in any instance in which you lack a copyright has nothing to do with what I said. When did I say that Oracles source code isnt copyrighted? As Google admitted and the Supreme Court acknowledged, Google could have written original code to do what they wanted, but they felt that would have been a burden on programmers who would have had to learn the Google system. (b) The broker associate may make earnest money deposits with the broker's permission. An item (such as software) may have multiple aspects, and thus may earn multiple forms of protection. Only written contracts are valid. You come close on the recipe, but you are still missing the point. Some reporting entities include cash in transit from credit and debit payment processors in cash equivalents while others include these amounts in accounts receivable. (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? It said you can copy declaring codes. 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. Bob decides to sue for his lost commission. Which of the following is an approved depository for earnest money? Ignorants weigh in with uninformed drivel.. Why do you think that merger had nothing to do with this case? Creating a C interface requires much deeper knowledge and training in software design. These standards establish recognition criteria for nonexchange transactions reported on the accrual basis or the modified accrual basis of accounting. Only a truly the truly bankrupt could even attempt to rationalize this as fair use, or anything other than stealing. In a sad, ironic twist, the infringement at question isnt one of the free services that Google gives away. Google took the Java code because programmers were familiar with the code and they didnt want to have to create their own code and require programmers to become familiar with the way they would do it. 0 Copyright exists in the creative expression of many objects that are functional. Do you really think a company, wealthier than some nations, that sells your personal information gives a crap about your intellectual property rights? So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. I dont need to change my mind. I = 0 Thats where you dont understand copyright. (a) Tenancy in common (b) Tenancy by the entireties (c) Joint tenancy (d) Non-freehold tenancy, Which type of estate is a written agreement creating a non-freehold estate in real property that provides for occupancy of a specific property for a specific time period? 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. If Google did not copy and did it themselves they would not have been liable for copying because there would not have been copying. OMG, the arrogance of some programmers is incredible! (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. (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. PwC. 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. Clearly, not every fair use (or not) can be pigeon-holed as commercial nature or nonprofit educational purposes. However, I do believe that these represent good examples as to the two ends of the continuum. (a) Mediation (b) Arbitration (c) Interpleader (d) Escrow Disbursement Order. Follow along as we demonstrate how to use the site. That is what Google essentially copied, and that was all that was needed in Android to allow any java program written by third party to work on Android. Clearly Breyer hates IP rights. According to the dissent, in 2015 alone, the year before the fair use trial, Google earned $18 billion from Android. (d) The owners can take title to the property at different times. What is the point in obtaining a copyright in software? You miss the entire point. Generally, only investments with original maturities of three months or less qualify under that definition. Ignore for the time being the actual declaration lines of code, ok? In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. (d) The landlord files a motion for default. What happens if a respondent fails to answer an administrative complaint? Accordingly, the bank accounts of certain subsidiaries in the notional pooling arrangement are allowed to be in an overdraft position if the bank accounts of other subsidiaries in the notional arrangement have aggregated deposit positions in excess of the aggregated overdraft accounts. Doubt you even know who they are . If you dont want anyone using your API (which is why you need the headers), then you dont publish the API (IE: The headers). Welcome to Viewpoint, the new platform that replaces Inform. No copyrights, all software is functional, and Fair Use sets you free (and soooooo transformative. Maybe patents will do. Secondly, APIs are blank software forms. Believe it or not programmers do understand how code works, which most of SCOTUS and lawyers generally do not. That you seem impervious to understanding this just draws more attention to the inanity of your insisting that you understand the legal points here. Are you a fan of the control executives exercise over those at Google AI ethics (firing minority women)? (b) The lighting is a fixture and may not be removed by the tenant. 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. It was one of Googles main arguments. Constitution: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.. Request for Driving Privileges. It was argued in their briefs, it was part of the oral arguments. . Under 17 USC 107, the law sets forth four factors that SHALL be used [i]n determining whether the use made of a work in any particular case is a fair use. The first of those factors listed is: The Supreme Court did not address it, merely saying that for arguments sake, assume that the declarations are protected by copyright. After considering the four fair use factors listed in 17 USC 107, the Supreme Court found the use to not be a fair use, in large part because The Nation copied the heart of the story. Googles copying suggest that the better way to look at the numbers is to take into account the several million lines that Google did not copy.. 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. 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. Your article and your response to LazyCubicleMonkey @13 are spot on. If two humans given the same task of writing 11500 lines of code would independently do it differently, that may be a clue (right?).. All of the following are authorized alternatives for a broker to use in order to resolve an escrow dispute, EXCEPT: (a) Seek an escrow disbursement order from the Commission (b) Submit the escrow dispute to mediation or arbitration (c) Seek a court decision to resolve the escrow dispute (d) Obtain an attorney's opinion. The source code is what is copyrighted. (a) Deposit the funds in compliance with F.S. 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. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. The cash flow statement should reflect a financing inflow of $100 million. As open source code is not likely to be merely taken and used as is, most all takings may easily be deemed transformative under the reasoning available in the Supreme Court case.
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