2003-2023 Chegg Inc. All rights reserved. Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. The ENTIRE purpose of an API is to provide services which other software can use to build more complex functionality. Which of the following most accurately represents the license requirements of those selling cooperative units? (a) The sales associate should immediately give the check to her employing broker. Which statement is correct regarding this situation? 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. Which of the following regarding the Form W-4 is incorrect? The evaluation of the classification is based upon the facts and circumstances at each individual reporting period. 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. Are you still working? He put that in because its what he believes. Steve with your Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. Upon the termination of a life estate, the estate may go back to the original grantor. The first was the required three readings of a bill prior to its floor vote. When the $100 million bond is ultimately repaid, it will be reflected as a financing outflow. This term is also used when referring to a "declaration of informal marriage," which is the document that . Even Sun, the developer of Java, thought Google was in the right. Section 107: Four partners purchase a property together, at the same time, and on the same deed, without the right of survivorship. I see many that declare wrong, with it evident that the speaker does not even grasp the legal points being discussed. 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. (b) This promotional program is permissible since no purchase was required. April 6, 2021, 07:15 AM 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. Which statement regarding the registration of real estate branch offices is true? Judith, your statement is perfectly ignorant. The ones that never learned to program without an error checker. Some California Constitutional Provisions Can Be Waived Those 11,500 lines, however, are only 0.4 percent of the entire API at issue, which consists of 2.86 million total lines. (a) Consult with a real estate attorney who is experienced in handling escrow problems (b) Refer the parties to FREC (c) Notify the Florida Real Estate Commission in writing (d) Give the escrow money to the closing agent. (And lets note for arguments sake that the Supreme Court opened the door to all code with their all software is functional statements). If a security deposit is is held by a landlord, what is the landlord required to do? Only written contracts are valid. Which State Has the Most Regulations? - US News Not pertinent here. (a) Intent, relationship of the parties, method of annexation, and adaptation (b) Intent, abandonment, redemption, and accretion (c) Size, annexation, avulsion, and adaptation (d) Intent, size, annexation, and redemption, What are the four unities required to create a joint tenancy? 2. (a) Joint venture (b) Limited partnership (c) General partnership (d) Corporation, Which business structure may be registered to broker real estate? Start there before you start thinking about copying actual lines of code. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. (b) The sales associate should refuse to submit the offer without a cashier's check. Multiple Choice The form can only be adjusted at the beginning of the year or start of . Federal Constitutional Voting Protections - Ballotpedia (b) The landlord suffers from the tenant's failure to pay rent. (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? Heres what Breyer wrote: It has been around in some form, and not just for computer code, for 25 years at this point. 0 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: What is the charge for anyone found guilty of using false or misleading advertising? 475? 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. 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 The latter might be reasonable, and the question presented. I wonder if this applies to all the internal APIs as well. Generally you must establish why it is critical that you have limited driving privileges to get to work or school or to . Rather, the Constitution states that this promotion is by securing for authors the exclusive right to their respective writings.. It said you can copy declaring codes. So instead of writing their own independent and original code (which could have been done) they cut and paste the Oracle code to save themselves time and money. Then ask, what does the copyright cover., Certainly, identical copying and arguably more. By continuing to browse this site, you consent to the use of cookies. It duplicated declarative headers which are necessary for software developers to use the API in the first place. (a) Property tax dollars (b) The Florida State Treasury (c) State intangible taxes (d) Fees and fines paid by real estate licensees, What must an unlicensed individual do when ordered to appear before the DBPR? You cant use any of it so why would they endorse a decision to change that? Your comment shows the type of lazy understanding of the facts and law that your name prepares us for in your analysis, if you can call it that. Image Source: Deposit Photos Google did not COPY any code whatsoever. The small portion of copying 11,500 lines out of 2.8 million represents the copying of functional/declaritive interface of things like Math.max(a, b), list.size(), etc. The cash flow statement should reflect a financing inflow of $100 million. No patents copyright will do. You keep saying that merger doesnt apply. None of that function, none of that behavior, is within the scope of the copyright on the source code. . 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 Ch. 1 - Management and Supervision exam.docx - Course Hero The counter-argument is also the same that the business model is not copyrightable. (a) The sales associate is not responsible for collecting the deposit, this is the broker's responsibility. (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? 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. What term is used to refer to the individual who files a complaint? For example, both a three-month U.S. Treasury bill and a three-year U.S. Treasury note purchased three months from maturity qualify as cash equivalents. For the reasons that follow, merger easily disposes of Oracles copyright claim.. As for fair use, you can do a fair use analysis without determining if what was copied is otherwise infringing. Many are attempting to use a Merger Doctrine position without understanding that the Court simply did not Hold so. (a) 100% (b) 75% (c) 25% (d) 0%. (d) At least one officer must be an active broker. The recipe might be part of a cook book, and that might be copyrightable due to the selection and arrangement of the recipes, or additional expression beyond the underlying process. This analysis should be performed at each reporting period. That same industry is under the lens of regulators throughout the world. A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. Many people who are arrested and charged are either released without a trial or ultimately found to be "not guilty". Sure, if in fact there was otherwise no infringement, then Fair Use is irrelevant, but so what? Anyone arguing to the contrary knows nothing about copyright (or music, or literature, or art). following the class declaration (except that a and b could be different). Solved Which of the following statements regarding | Chegg.com 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. @BP Maybe Thomas saw the damage he inflicted with Alice?. Company name must be at least two characters long. (c) The broker associate must hold an active broker's license. Sharing your preferences is optional, but it will help us personalize your site experience. However, a "marriage license" is the legal document used to provide proof of the marriage. Repayment of the $40 million existing debt is a $40 million financing outflow. It should have, but it didn't. (c) Request an injunction from the Department of Business and Professional Regulation. Some of the source code expresses the processes that are part of the API. How is it not a question of merger? A big question this raises is open source software. Facts of a case are applied for the immediate case. 306 0 obj <>stream 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. } You may be reading the words of the statute, but you clearly are not understanding the legal sense of those words. For an example of how slight degradations to liquidity can impact the ability to classify an investment as a cash equivalent, seeFSP 6.5.2.2regarding an SEC rule that impacts the classification of certain money market funds as cash equivalents. Google won with a Screw you, we are just going to take and not license approach. The buyer applied for financing and was turned down by three different lenders, resulting in his/her inability to close on the transaction. But the jury said both are fair use. (b) The sheriff posts a 24-hour notice of removal on the tenant's door. In considering the amount and substantiality of the portion used in this case, the 11,500 lines of code should be viewed as one small part of the considerably greater whole. Hey, is that a website? Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. The whole code is functional is not accurate. 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. (b) Each sales associate associated with the firm must have a separate sign. Petitioners then brought suit in Federal District Court against respondent publishers of The Nation, alleging, inter alia, violations of the Copyright Act (Act). (a) Life Tenancy (b) Joint Tenancy (c) Tenancy by the Entireties (d) Tenancy in Common. Author: PirenX They are not code, they do not perform any function. Doubt you even know who they are . No, It was not. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding. They explicitly did not decide if the declarations are protected by copyright. Ive done it, everyone has done it. Saying something else was copyrighted is a non sequitur. Just try drafting a patent claim to an API and pushing that claim through examination before a well-trained, experienced patent examiner or examiners across the world. Merely entering or naming something isnt creative under copyright law. while I < n: History is an amazing thing but diaper boy believes he has no need for history, heck, hes living in the tech age. [s]cantiness may exist because the work is composed of elements in the public domain, and it is only the organization of those elements that is protectable. On one end of the continuum is a use that is of commercial nature. If you are making money of the copyright, then odds are you are depriving the owner of their ability to make money and the statutory law intended that this is very likely NOT to be fair use. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. Employees can specify additional amounts to be withheld each month. If you used a restricted font, you can either change to an unrestricted font or ask your printing service for advice. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression.. If I use this paragraph as a password He lay flat on the brown, pine-needled floor of the forest, his chin on his folded arms, and high overhead the wind blew in the tops of the pine trees. 198 0 obj <>stream At what point are you claiming they abandoned that argument? 3 Steps to Reinstate Your Suspended South Carolina License - DMV.com 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. The Supreme Court really is a sad state of affairs. What do you think is the copyrighted work in this case, if not the source code of Oracles Java SE libraries? The proceeds from the offering are directly transferred from the investor to the trustee-controlled escrow account and FSP Corp never receives the cash from the bond offering in its general cash account. 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. Again this is a non sequitur. Kool-aid is what many programmers now drink. Sure, if in fact there was otherwise no infringement. 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. In Java, there is only one way to write the declaring code that will create that same Sun Java API. }. "States' Rights" and Environmental Law: California on the Front Lines Select a section below and enter your search term, or to search all click Ignorants weigh in with uninformed drivel.. GAAP does not require restricted cash to be presented separately on the balance sheet. When may a landlord commingle tenants' security deposits with other business funds? I DEFINITELY would never hire a Supreme Court justice to do my accounting. You keep on wanting to draw errant Legal conclusions that simply are not possible in copyright law. You are not coming at this from an artists perspective. Clearly Breyer hates IP rights. The business licenses and permits that are needed vary by city, county, and state. ",BXd%~{sErz-X{omfv+iUTW2=)2` B0DJ(?>]N Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. (a) The licensee must disclose his or her license status in any advertising. Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. Driver's License Issues in Kansas | Kansas Legal Services In fact they didnt even say that, they said you cant within the bounds of fair use. There was a stream alongside the road and far down the pass he saw a mill beside the stream and the falling water of the dam, white in the summer sunlight. 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. 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. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. (a) Seek adjudication (b) Submit the matter to mediation (c) File exceptions (d) Request novation, How is the Real Estate Recovery Fund funded? No one in the tech industry actually thinks oracle ever should have won this case. (a) The name of at least one sales associate must be included in the ad. How to Write a Letter to the Judge for Driving Privileges It will only embolden copyists, harm creators and disintegrate value. (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? I would describe it as a system of processes and methods of operation, where the way the API is used includes the names and the package and class hierarchy. Generally, only investments with original maturities of three months or less qualify under that definition. 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. Whether Googles declarations are infringing is a question of merger. So the platform changing matters! I dont know why thats a difficult to understand, BP claims to be a lawyer, it should be self-evident that context matters. Given the substantial thickness of the copyright, well beyond the standard articulated in Feist, the SCt handed Google a win in Fair Use because there was no possible way it could decide that a copyright did not exist. 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. (d) A temporary shelter must always be registered as a branch office. They tell you what information to fill in where, and where to submit it. When reviewing private placement documents, you may see a reference to Regulation D . The source code is the expression here. History is an amazing thing, if people are willing to search for the truth and facts. However, the EITF thought that information about the liquidity of the amounts included in the statement of cash flows is best obtained from the balance sheet, and that the additional required disclosures about the nature of restrictions on cash should mitigate those concerns. (a) Florida Real Estate Commission (b) Department of Community Affairs (c) Division of Florida Condominiums, Timeshares and Mobile Homes (d) Department of Housing and Urban Development, Able, who holds title in fee simple, deeds land to Baker to enjoy until his death. (d) Office signs are permitted but not required by law. They explicitly left it open. Ms. Perkins, stop reading Prof. Mennell, EFF, etc. Youre probably just another SV diaper baby. Mennells position (as supported by Google) is quite clear and Breyer likes it. This is not correct in multiple dimensions. No one is saying that you cant copyright implementing code, they are saying you cant copyright declaring code. They are a mandatory component of interoperability and they were made freely available. Upon Baker's death, Charlie is to receive title to the land. When the Legislature initially followed the Governor's shelter at home order and passed two budget-related bills on March 16, 2020, it required waiver of two constitutional requirements. At the end of the lease, the landlord claims that the lighting is now a fixture and must be left as part of the real property. Isnt this great? I do find it funny that you are both an intellectual property lawyer who doesnt understand what an API is (you have never actually articulated why a language can be copyrighted when precedent clearly says otherwise or why an API isnt sufficiently described as a language) and now a hard-core programmer who works close to the metal and lectures newer developers about real programming and back in the day., Real programmers do it right the first time..
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