(b) An ostensible partnership is not a true partnership. A. You miss the entire point. There is diversity in practice over the classification of payments from credit card and debit card processors which settle shortly after the reporting date. Which original statements are you objecting to? The counter-argument is also the same that the business model is not copyrightable. Your designing an API example is without merit and shows that you dont understand the basis of copyright. Really great comments. The other was that the declarations merge with the Java SE API. Please seewww.pwc.com/structurefor further details. Your point here intersects with the point that I have provided in regards to transformative.. Its not about 11500 lines of code, its about what those lines do. A Java API is a beast, which differs from a C API, as the link to the Oracle document indicates. Then ask, what does the copyright cover. What term refers to this right to regain ownership? (c) By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. (d) The developer must escrow the value of the most expensive model prior to offering the contest to the public. 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? There is no Anon lost in my comments. 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.. It i asinine to say that Google did not copy any code. Now I know that you are not following what I have been saying. 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? It determines an employee's income tax withholding. (b) If the couple divorces, the tenancy would be terminated, and the owners would be tenants in common, unless a court determined otherwise. It is the broker's responsibility to maintain the escrow account (b) Misrepresentation (c) Culpable negligence (d) Failure to account and deliver. Im not saying you are of low ability but the DunningKruger effect may be insightful as to why you hold onto your position in the face of experts (high ability on copyright and IP in general). Are you still working? If the reporting entity can access the cash without any legal or contractual consequence (i.e., there is no requirement that the specific cash be set aside for remittance), the cash is likely not legally restricted. But if it did go the other way, and proprietary software did use an API created for an open source projects so what? 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. Copying loopnfimes simply says to a programmer you will be calling this functionality, it doesn't copy the expressiveness of the code. . Yall are acting as if transformative is the only thing you need to show for fair use. What Breyer has done is choose to answer the Fair Use prong by starting with copyright being present (as opposed to deliberating separately or in combination) on that point. While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. If a security deposit is is held by a landlord, what is the landlord required to do? Do you realize how ridiculous that comment is? NO price to pay of any kind for taking. 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. From what was said earlier, I declare Math.add to tell the programmer, hey this adds. 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. Ignorants weigh in with uninformed drivel. (a) 10 (b) 20 (c) 30 (d) 40. Also, saying that 10,000 lines of code are insignificant because there are 1.5 million lines of code is absurd and offensive. Its like how they have read process out of section 101 of the Patent Act. And if the entire computer science industry, from big companies to small individual programmers, think something is a bad idea, well shouldnt that get deference? Given the rapidly changing technological, economic, and business-related circumstances, we believe we should not answer more than is necessary to resolve the parties dispute. Lesser amounts may be material if they have a significant impact on the cost of financing. This decision would allow me and other developers to further my career, cant say the same for you parasites. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Whether Googles declarations are infringing is a question of merger. 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. 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. All of these following statements regarding a violation of the license law or rules and regulations are true EXCEPT: It is a misdemeanor It is a felony Action can be brought in a district court where property is located Action can be brought in a district court where licensee lives Click the card to flip It is a felony Click the card to flip Thats exactly what the Supreme Court did in this case. That is an excellent way to ship buggy and unworkable code. Brokers Licensing Course Flashcards I didnt take all the banks money. And as of 2015, Android sales had totaled $42 billion. I was calling APIs while you were in diapers. Ch. 1 - Management and Supervision exam.docx - Course Hero In particular, the CAFC decisions are not binding on any other circuit. Solved Which of the following statements regarding | Chegg.com (b) Provide proof to the court that the witness has some valid information. Sure, if in fact there was otherwise no infringement, then Fair Use is irrelevant, but so what? Clearly Breyer hates IP rights. Ok, Ill ignore the fact that apparently Anon and BP have no idea what an API is. Your foundation of the Merger Doctrine is just not there. Your attempt to see bones only reveals that you do not understand the law at point. Which of the following statements is correct? (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. 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). Why? Thats still unreasonable, but not as unreasonable. That is the merger argument which the Supreme Court declined to take up. Do you get it now? Regardless of whether the reporting entity has met the compensating balance requirement, there should be disclosure of the sanctions for noncompliance under a compensating balance arrangement. 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. You also chose not to answer the question on patents, I did. 61J2, what would be the likely result? You come close on the recipe, but you are still missing the point. Almost every waiver request has been granted, based on a legal standard that requires EPA to approve these waivers where there are . I will have to read through the filings of this case. 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. (a) Accused (b) Defendant (c) Complainant (d) Respondent. If you have a CDL and you were not operating a commercial vehicle at the time of the offense and you pay a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted . 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. (c) The Probable Cause Panel determines guilt or innocence and submits a recommended order to the Florida Real Estate Commission. . The average coder, if Oracle had its way, would have to ask Oracle for permission every time it wanted to use the platform, for fear that using the very thing they are encouraged to use is a violation. Investor Bulletin: Private Placements Under Regulation D Copyright is about copying. Tutorial 7.docx - Tutorial 7 1) Which of the following statement Even verbatim copying of some of the text may not be infringing. And all they did was copy from Oracle what was necessary to forward their own desires. @B Yes, EFF actually had some good points in its early days, today, its a paid-for mouthpiece. The sale falls through and the seller is claiming the uncollected deposit as liquidated damages. For example, a bank's granting of a loan by crediting the proceeds to a customer's demand deposit account is a cash payment by the bank and a cash receipt of the customer when the entry is made. (a) An assistant forgets to give a message to the broker, so the broker did not call the seller in a timely manner. Out of state: (717) 412-5300. (a) Blockbusting (b) Steering (c) Redirecting (d) Redlining, A real estate licensee attempts to induce sellers to list and sell their properties by starting rumors that minorities are taking over a neighborhood. @6 Judith Perkins: Have you seen the damage inflicted by software patents?. The immediate point here is that those license requirements have no enforcement force anymore. (b) A sales agent in single agent relationship representing the seller discloses to the purchaser that the house the buyer is considering is located near a waste treatment facility. 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. Which of the following is accurate regarding this scenario? by writing Java code while looking at an English description of the Java API specifications), you will most likely create new code that carries out the actual tasks, since there are usually many ways to perform most functions. The Supreme Court really is a sad state of affairs. Ok, in what way an I misusing specific terms? (c) The Commission will proceed with the hearing. They were all labeled patent trolls. Similarly, compensating balances maintained by related parties for the reporting entitys benefit should be disclosed in the footnotes. D) Liquidity of the investment is high. Last updated November 1, 2022 at 8:57 AM Supplemental Information Some counties offer a keepsake "marriage certificate" for an additional fee, but this certificate may be separate from the "marriage license" itself. (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. There is only one other constitutional provision that can be waived by a vote. Google won with a Screw you, we are just going to take and not license approach. That same industry is under the lens of regulators throughout the world. 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). A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. There is no lack of copyright. Disclosure may also include a statement, if appropriate, that the amounts are legally subject to withdrawal with or without sanctions, as applicable. 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. This ruling prevents open source software from being locked out of being interoperable with commercial software. 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. (d) The tenant remained in possession after expiration of a lease. However, the Supreme Court chose to bypass that argument entirely, although hints of support for it are in the opinion. (b) The licensee must disclose the license status on any yard sign using terminology such as "owner agent." A) Like stock options, restricted stock has to vest before it can be sold. (b) The lighting is a fixture and may not be removed by the tenant. None of that function, none of that behavior, is within the scope of the copyright on the source code. The Supreme Court declined to rule on merger, declined to say whether copyright extends to a software interface, declined to say whether Googles use of the declarations would be infringing without a finding of Fair Use. (d) A temporary shelter must always be registered as a branch office. That is from Googles brief. Four individuals wish to form a real estate brokerage partnership. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. Do you really think a company, wealthier than some nations, that sells your personal information gives a crap about your intellectual property rights? Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. The entire value proposition of Java is based on the idea that its used to build software. The Harmony project developed their code based on the specifications, not by copying any code. Do you think it would somehow be preferable to have to make those Math.maxGoogle(a, b) and list.sizeGoogle()? Except for two things. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. 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. A) There is one owner. Copyrighted works still under protection are by definition not public. This content is copyright protected. At one point, perhaps, but when that point was lost, Google did NOT continue on that legal position.. 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,. Gee, maybe Trade Secrets and employment constraints are what the lemmings should be taught to embrace. You might be able to get a copyright on the expression of the recipe, but not on the underlying process. Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor., You clearly lack an ability to understand a legal discussion. (a) The investigator would attempt to obtain a summary suspension. Java, on the other hand, was developed for use with desktop and laptop computers. (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. There is zero information content in your response. Now software copyrights dont even protect intentional cut and paste willful copying. I attacked your positions not you personally. (a) Nothing. Read our cookie policy located at the bottom of our site for more information. This table lists license restrictions and how they affect . (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. The sales associate neglected to collect the deposit on time. In Java an API is program code and an interface is a reference type that is implemented with actual Java code. Your insistence on misusing terms (even as they seem to overlap for you) does NOT make such errant use into proper use.. I have to wonder whether the issues were poorly explained. An item (such as software) may have multiple aspects, and thus may earn multiple forms of protection. I was also very clear that THAT attempt was dropped along the way. While the FASBs definition seems to focus more on the maturity characteristic, this does not diminish the requirement for a cash equivalent to be readily convertible to known amounts of cash. What is the point in obtaining a copyright in software? April 6, 2021, 07:15 AM You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears. Multiple Choice The form can only be adjusted at the beginning of the year or start of . Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? (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. I started programming in the 1970s, machine language, peek, poke, etc., and ended up at a supercomputer institute. How could that part of the case not be identifying the API as any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work, and then determining if the declarations (the expression which embodies the API) merge with that idea? 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. (a) Corporation Sole (b) General Partnership (c) Ostensible Partnership (d) Joint Venture, There is a dispute over an escrow deposit. What the Supreme Court did was rule only on Fair Use. Bryer wrote: As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of 25. The licensee could not satisfy any portion of the judgment from personal assets. 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. I can make the point in another way. What should a sales associate do if a purchaser wishes to present a post dated check? 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. GAAP does not require restricted cash to be presented separately on the balance sheet. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. (a) $500 fine and imprisonment for up to 90 days (b) $1,000 fine and imprisonment for up to 1 year. Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. There is a confusion in the discourse over Google v. Oracle. Repayment of the $40 million existing debt is a $40 million financing outflow. The only winner here is the dont care what protection you think that you might have, I am just going to take it view.
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