This then also impacts your total reliance on the Merger Doctrine. Most business licenses can be obtained at the local town councils (e.g. (a) The parties to a real estate transaction (b) The Department of Business and Professional Regulation or its authorized representatives (c) The state Attorney General (d) A public defender, All of the following businesses are required to file documents with the state, EXCEPT: (a) Corporation for profit (b) Not-for-profit corporation (c) Corporation sole (d) Cooperative association, Which condition would require a location to be registered as a brokerage branch office? Ignore for the time being the actual declaration lines of code, ok? Bob is a licensed sales associate, employed by broker Jerry. Copyright exists in creative expression fixed in a tangible medium. %%EOF hbbd```b``"nH i;f`:{;dFb3E$kXf/3$%e,0D>"^Mc$g 30} 8JEg`b=` + A taxpayer who receives a distribution from a retirement account before she is 55 years old is. Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. 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. (b) An ostensible partnership is not a true partnership. When auction rate securities are subject to an auction, resetting the interest rate on the securities is not considered equivalent to a sale and a purchase of such securities when reporting cash flows. You might be able to trademark a name, but copyright it? The only winner here is the dont care what protection you think that you might have, I am just going to take it view. 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. You cant copyright a programming language. They also copied the methods of operation, and the system of methods and processes. License Law Test Flashcards | Quizlet [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. Whats that? (a) Reversion estate (b) Right of succession (c) Receivership estate (d) Remainder estate, The owner of real property is considered to have the full bundle of legal rights which includes all of the following, EXCEPT: (a) The right of possession (b) The right of disposition (c) The right of control (d) The right of unlimited freedom to use the property in any manner. Read the Copyright Board decisions and you may learn where the line is drawn on creative expression fixed in a tangible medium. The latter might be reasonable, and the question presented. Except for two things. There is no Anon lost in my comments. Google copied those processes, that function, yet did not infringe. You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears. These standards establish recognition criteria for nonexchange transactions reported on the accrual basis or the modified accrual basis of accounting. Breyer knew he was at the edge of a slippery slope and he could not cross, even though he really wanted to as he proved in Mayo, he hates IP rights and loves illegal monopolies. Not even wrong. A restricted license allows a person to drive: To and from work and school To and from drug or alcohol counseling To and from an appointment with a healthcare provider or during a medical emergency In the course of your employment Any place you are required to go by a court 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? Copyrighted works still under protection are by definition not public. But nice try. The respondents noted that restricted cash is fundamentally different from unrestricted cash and may not be available to satisfy general obligations. (a) Handicap and familial status protections were added. (a) Only one sign per firm is required regardless of the number of offices. This term is also used when referring to a "declaration of informal marriage," which is the document that . They are not code, they do not perform any function. urC.iKb8:Hqggg+VTU9f-JQwXr9@&%yNDp$! Alice followed Mayo. 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. The two primary fair housing laws in California are the California Fair Employment and Housing Act and the: -unruh civil rights act The California Real Estate Commissioner has made it very clear that a person's real estate license will be restricted, suspended, or revoked for any violation of the fair housing laws. 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. Doubt you even know who they are . Medical imaging is one of those technologies that is now too abstract. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors.. What will the sales associate likely be charged with? (a) Civil Rights Act of 1866 (b) Civil Rights Act of 1968 (c) Civil Rights Act of 1964 (d) 1988 Fair Housing Amendment, What is the maximum fine that may be imposed for a first time violation of the Florida Fair Housing Act? Intellectual property law falls under this penumbra. Thats exactly what the Supreme Court did in this case. (a) Ask the Administrative Law Judge to subpoena the witness to testify. "Whether Google's declarations are infringing is a question of merger . The death of fair use when cut and paste is fair use. 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. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression.. Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor. What amount will the former customers be able to recover from the Real Estate Recovery Fund? y:#z. Anon: The immediate point here is that those license requirements have no enforcement force anymore.. There is a confusion in the discourse over Google v. Oracle. 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. (d) Bob may file a lis pendens against either Sam or Jerry for the commission due him. You dont appear to understand what Merger Doctrine is, what the Java API is (as distinct from the expression of that API), how 102 works, nor any of the applicable precedent. Disclosure may also include a statement, if appropriate, that the amounts are legally subject to withdrawal with or without sanctions, as applicable. Yes, there is creativity in designing an API, but that is not authorship, just as creating a new recipe is not authorship. Youre probably a programmer that never stepped foot into an artists studio, a composers studio, . Mgmt 275 exam 2 Flashcards | Chegg.com Thats where you dont understand copyright. 6.4 Format of the statement of cash flows. This decision would allow me and other developers to further my career, cant say the same for you parasites. Therefore, cash flows should not be reflected when the interest rate is reset. April 6, 2021, 07:15 AM How is it not a question of merger? Disrupt copyright based on ignorance and greed. Oracle has no interest protected by copyright in the declarations of the Java SE libraries. People encourage it. (a) An assistant forgets to give a message to the broker, so the broker did not call the seller in a timely manner. 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: (a) This practice is a violation of F.S. Then ask, what does the copyright cover. Additionally, the added factor of educational purposes adds the idea that education is an important factor that could offset the rights of a copyright owner. The oral arguments pointed to Breyer notching a win for Google, just like he did in Mayo. Occasionally FREC may receive a complaint from a member of the public that is not considered a "legally sufficient" complaint. The definition then provides two characteristics that elaborate on the required attributes. Law? No appreciation for creativity, why SV is such a cultural wasteland of fraud and discrimination in the name of $$$. Thats a given. If Java held copyright that extended to the mere usage of loopntimes that would defeat the whole point of having an API in the first place right? Ch. 1 - Management and Supervision exam.docx - Course Hero (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? (a) Seek an injunction from the Florida Real Estate Commission. Accordingly, auction rate securities and variable rate demand notes that do not mature, or are not puttable to the issuer, within three months from the date of acquisition do not demonstrate the maturity characteristic of a cash equivalent. Thank you Anon, you are helping to educate Steve. However, Breyer would hold that to be a fair use of the copyright because it was the ONLY computer code that could function to grant authentication. Corrent. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. At one point, perhaps, but when that point was lost, Google did NOT continue on that legal position.. You now backpeddle from function and expression of function, but it is still your original statements that I was addressing.. 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. Reporting entities must assess whether it is appropriate to classify funds as cash equivalents if they do not meet all of the qualifying criteria for a money market fund under the 1940 Act. Now I know that you are not following what I have been saying. In practice, reporting entities sometimes place undue focus on the maturity characteristic (short-term), while overlooking the readily convertible characteristic (highly liquid). For a quick example, many are OVER-focusing on the functional difference between functionality of declaring and implementing, but this misses the larger point given by the Court in its statement (so I am only supplying the message) that ALL software is functional. Pennsylvania Suspended Driver's License & Reinstatement | DMV.ORG Breyers written garbage in Mayo took down patent rights and diminished investment in key medical research areas. Read more. Although it is restricted cash, it is part of the change in cash, cash equivalents, and restricted cash. An example of such disclosure may be as simple as stating, "Compensating balance deficiencies are subject to interest charges at the average rate for 91-day Treasury Bills.". Shortly before the Time articles scheduled release, an unauthorized source provided The Nation Magazine with the unpublished Ford manuscript. (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. Generally, only investments with original maturities of three months or less qualify under that definition. If a sales associate receives a post-dated check, which of the following is the most appropriate action? Oracle never seriously contested this, their point was that if someone created their own loopntimes: loopntimes(n) { You only have to go back up to my post at11:17 am today to find the (same) answer. The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it . Ok, Ill ignore the fact that apparently Anon and BP have no idea what an API is. 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. Do you realize how ridiculous that comment is? Which of the following statements regarding restricted stock is false? Please seewww.pwc.com/structurefor further details. Breyer is misguided (fortunately he could not get a majority on that position). But hey, ignorance is bliss and theres no point in explaining this point to anyone who cant be bothered to read beyond the headlines. Cash includes cash on hand (e.g., petty cash), demand deposits with financial institutions, money orders, certified checks and cashiers checks. Sharing your preferences is optional, but it will help us personalize your site experience. BP: I did not say that the expression of function makes the expression uncopyrightable. Do you get it now? (a) Condominium (b) Tenancy in common (c) Joint tenancy (d) Cooperative, Paul and Paula are husband and wife. (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. loopntimes(n) { Which of the following statements is correct? I wonder if this applies to all the internal APIs as well. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. (d) File an appeal with the District Court of Appeal. (a) When one spouse dies, the other spouse receives a life estate. But YOU appear to be confusing and conflating different aspects as somehow being mutually exclusive this is an error of fact. We shall assume, but purely for arguments sake, that the entire Sun Java You qualify to make it onto the Supreme Court some day. whether the new work merely supersede[s] the objects of the original creation or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is transformative. Although such transformative use is not absolutely necessary for a finding of fair use the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works., This is another example where the Court ignores the plain text of the Patent/Copyright clause of the US Constitution, which states: 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. The way it works is you design the external APIs like in Java and then a bunch of internal APIs to system functions so there may be like three levels of APIs. This decision clearly rejects that characterization. 25. Multiple Choice The form can only be adjusted at the beginning of the year or start of employment. Out of state: (717) 412-5300. It is the function that cant be copyrighted, not the code. Many seem unable to even recognize that. 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. Steve, several items of terms of art that you are just not applying properly are Fair Use and the Merger Doctrine. Had the API been the focus of the copyright, Googles implementing code in the Java Virtual Machine (JVM) would have been irrelevant. (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? The ENTIRE purpose of an API is to provide services which other software can use to build more complex functionality. (c) The broker associate must hold an active broker's license. The court rendered a single judgment against the licensee in the amount of $65,000. The immediate point here is that those license requirements have no enforcement force anymore. Accordingly, reporting entities should disclose this fact. (c) Only two partners must have a real estate license. The expression can be protected, the function can not be protected by copyright (though it may be protectable by patent)., You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears.. Zombies marching toward the cliff. Every product shipped copies these headers because theyre absolutely required for source code to use the API however by themselves they have ZERO functionality and do not actually IMPLEMENT an idea. This is judicial activism. (a) Steering (b) Blockbusting (c) Redlining (d) Channeling, The Fair Housing Act of 1968 prohibits discrimination based on which of the following? (c) The individual selling the unit must have a Florida real estate license as cooperatives are sold as a proprietary lease in Florida. You have no clue what is creative expression. (c) The Broker may return the money provided there was a rescission period also documented in the Sales Contract. (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? This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. Of course, billion dollar judgements against infringers. 306 0 obj <>stream How to Write a Letter to the Judge for Driving Privileges (a) Suspend the licensee's license for ten years (b) Issue a summary suspension (c) Issue a cease-and-desist order (d) Place the licensee on probation, What action may be taken if either the Florida Real Estate Commission or the licensee disagrees with a recommended order submitted by the administrative law judge? All they see is the warm promise of sunshine at the crest of that hill, as they charge full force towards that crest. hb```%l eah``hQxVV.*ae.F['Qi/~(b=Yy>CG^FG`G d0D8:QA :>F7L|L03feR+n^&TL6LG43!b@z@T1.0 Q. And for all those who are convinced Ive never written code, wrong again! 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. Any developer would tell you that. It was timed to scoop the Time article. Any idiot can compile a list of phone numbers and names. (c) A sales associate charges a fee to write a lease for a prospective tenant. Naysaying is not debating. (d) An ostensible partnership will not be treated as though the participants were partners. Examples of items commonly considered to be cash equivalents are Treasury bills, commercial paper, money market funds, and federal funds sold (for an entity with banking operations). You may be reading the words of the statute, but you clearly are not understanding the legal sense of those words. Employees can specify additional amounts to be withheld each month. (d) A temporary shelter must always be registered as a branch office. 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 noticed that as well and chalked it up to a lot of coders that may have been following this case (and the abysmal Kool-Aid that is so constantly served to them in their industry blogs). (b) The partners are not required to have real estate licenses, but the profits must be distributed equally amongst all four partners. Unless, of course, that isnt actually what they are doing. The maturity is determined by reference to the stated term of the security or the timeframe for exercising any put features to the issuer, not by reference to the frequency with which liquidity may be available through an auction, a put feature to a third party, or otherwise. (b) All sales associates, broker associates, and brokers who are registered with the firm must be either officers or directors. While the Voting Rights Act addresses specific issues concerning the right to vote, the U.S. Constitution guarantees the protection of the right to vote of certain classes of individual. However, a "marriage license" is the legal document used to provide proof of the marriage. Instead of some lawyer? You contend that the 11500 lines of code is completely void of the threshold level of originality and creative expression? So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. (a) Accused (b) Defendant (c) Complainant (d) Respondent. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. Ah BP, coders have been provided gallons and gallons of Kool-Aid. 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. (c) The Probable Cause Panel determines guilt or innocence and submits a recommended order to the Florida Real Estate Commission. This is plainly wrong. 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. Posters here that proclaim superior knowledge of application programming interfaces dont know the audience of IPWD. (a) The investigator would attempt to obtain a summary suspension. (c) ADA mandates certain design specifications for accessibility. "States' Rights" and Environmental Law: California on the Front Lines The first question presented (that they chose not to answer): whether copyright protection extends to a software interface. The part that is galling about the use of the term transformative is that the statute grants the copyright owner the right to control derivative works, which are not copies but extensions of the original, i.e., LITERALLY transformative of the underlying work! (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? Consider removing one of your current favorites in order to to add a new one. (a) Deposit the funds in compliance with F.S. The whole code is functional is not accurate. Some what to immediately state the Courts reasoning only apply to the immediate facts of the particular case and that is just not so. Yet, programmers continue, thinking were so smart. Were supposed to be a country of laws, which, as shown, is being hijacked by Silicon Valleys advertising/lobbying industry. 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. Finally, isnt the purpose of copyright law to increase innovation? What type of tenancy has been formed? with Feist Publications, Inc. v. Rural Telephone Service Co., 499 U. S. 340, 345 (1991), which explains (a) that copyright requires some original creative spark and (b) that therefore a phone book is not sufficiently creative. Which of the following statements regarding restricted stock is false? Why is the bank upset? Congress never expressly said you cannot copyright a recipe, yet, you cant. They have made many decisions with the explicit purpose of crushing open source coders! If you have any questions pertaining to any of the cookies, please contact us us_viewpoint.support@pwc.com. Be sure the software is truly public domain before copying, reusing, or distributing it. (d) The investigator offers his or her opinions based upon information obtained during the course of the investigation. Java had every right to charge a fee to use the platform, it didnt. Your supplying of what Breyer stated simply show that I am correct and that you are simply incorrect. What settlement (escape) procedure is being used to settle the dispute? These days, when the court gets something right it is the exception, rather than vice versa of old. endstream endobj 278 0 obj <. See. (d) At least one partner must be licensed as an active broker and the others may be licensed as sales associates, or brokers. 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. Creative expression can be found in the simplest things, describing boil, stiff peaks, carmelization, characteristics of an onion, . Genes article here (and the Absurdity of the Result) are at heart legal pieces. Googles argument is that the Sun Java API is such an abstraction. An actual purchase and sale of a security through the auction process should be reflected as an investing activity in the statement of cash flows. To be considered "readily convertible to cash," an instrument must have both interchangeable units and quoted prices that are available in an active market. Secondly, APIs are blank software forms. 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. Upon Baker's death, Charlie is to receive title to the land. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. The Supreme Court explained there was evidence that Googles copying was limited to Android, and the deployment of Googles infringing product limited to smartphones. Your comment speaks volumes about how little programmers know about what they are actually doing. They tell you what information to fill in where, and where to submit it. (a) The defendant will be issued a subpoena. While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. It should show more details of why the server is not started or cannot be run. Is that good Steve? 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. If a compensating balance arrangement legally restricts the use of cash, such amounts should be considered restricted cash. Separate yourself from being a coder and you may see the faults. You'll get a detailed solution from a subject matter expert that helps you learn core concepts.