It was one of Googles main arguments. The billion $ judgments sparked heavy lobbying against independent inventors, startups, the USPTO, universities, you name it. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. Unrestricted Licenses Are Your Property: Your license to practice real estate, either as a real estate sales broker or agent, is considered to be a piece of property under the law. Some even show a complete disregard for the essence of a legal view. (a) Misrepresentation (b) Conspiracy (c) Intentional deception (d) Culpable negligence. 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. (a) Placing false or misleading advertising (b) Violation of rental information rules (c) Submitting false information in an application (d) An unlicensed person operating as a broker. No, the prior period should not be reclassified. That would be a different API, with different behavior, different function. A dawn of a glorious age beckons, and there is only a few more steps towards that precipice. Your supplying of what Breyer stated simply show that I am correct and that you are simply incorrect.. What happens if a respondent fails to answer an administrative complaint? (c) The partnership must be registered with the Department of Business & Professional Regulation and at least one partner must be licensed as an active broker. Oracles claim is utterly meritless and ludicrous. Although it is restricted cash, it is part of the change in cash, cash equivalents, and restricted cash. And as of 2015, Android sales had totaled $42 billion. Audio is not supported in your browser. The court found it transformative. 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 said that Google dropped the merger argument, and you are quite clearly wrong. Gee, maybe Trade Secrets and employment constraints are what the lemmings should be taught to embrace. California has the most regulations, while New York has the most complex rules, according to a new report. Not pertinent here. In practice, reporting entities sometimes place undue focus on the maturity characteristic (short-term), while overlooking the readily convertible characteristic (highly liquid). (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. Just as a recipe is the expression of an uncopyrightable process, or a rule book is the expression of an uncopyrightable system, a computer program can expresse many uncopyrightable processes, systems, and methods of operation. Congress never expressly said you cannot copyright a recipe, yet, you cant. Your point here intersects with the point that I have provided in regards to transformative.. Youre probably a programmer that never stepped foot into an artists studio, a composers studio, . the API) and the creation of new creative expression (the code independently written by Google).. The US legal system is being degraded to erode IP to the benefit of special interests. 475 or F.A.C. The evaluation of the classification is based upon the facts and circumstances at each individual reporting period. However, the Supreme Court chose to bypass that argument entirely, although hints of support for it are in the opinion. A licensee defrauded two customers in a single real estate transaction. To BE Fair Use, it first needs be copyrighted. (a) Corporation Sole (b) General Partnership (c) Ostensible Partnership (d) Joint Venture, There is a dispute over an escrow deposit. If the API is a system or method of operation, then you need to show that there are other declarations you can write in Java that express that same uncopyrightable API. Your supplying of what Breyer stated simply show that I am correct and that you are simply incorrect. (d) The names of sales associates may not be included in the ad. 102 Notably, both refer to business in the making of money. Unlike a bank overdraft, there is no cash flow impact from a book overdraft. (a) Exclusive Property (b) Separate Property (c) Joint Property (d) Protected Property. Its like how they have read process out of section 101 of the Patent Act. Both characteristics included in the definition of cash equivalents must be met for an investment to be considered a cash equivalent. Where may a real estate brokerage office be located? The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. And why would anyone else license Java from Oracle if Google is allowed to copy it as a fair use? A business legally formed and registered as Rich Real Estate, Inc. is considered to be what type of organization? Your comment speaks volumes about how little programmers know about what they are actually doing. The Merger Doctrine is not in play in the facts of this case. Steve can read Prof. Mennells articles (he has at least one family member that works for Google) and EFF articles, as paid-for by Google. The ruling was somewhat more expansive than that, but not a lot more expansive. ",BXd%~{sErz-X{omfv+iUTW2=)2` B0DJ(?>]N (b) All sales associates, broker associates, and brokers who are registered with the firm must be either officers or directors. In determining whether compensating balance arrangements are sufficiently material to require segregation or disclosure, various factors should be considered. 61J2, what would be the likely result? Function in a computer program is behavior. . Basically for those that dont know open source software has a license with the code that basically says you can use it as long as any code it is included with is open for public use too. 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: They may even look at Fair Use first, as the Supreme Court did here, and only do the merger analysis if the Fair Use analysis does not lead to a Fair Use finding. License Law Test Flashcards | Quizlet It should show more details of why the server is not started or cannot be run. 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. "I happen to be one of those people," said Bradley Ware, an FBI community outreach specialist based in. d. How did I backpedal? They are not code, they do not perform any function. (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. That path provides that item is NOT copyrightable in the first instance, and Fair Use would not even be reached. You now backpeddle from function and expression of function, but it is still your original statements that I was addressing. Purpose of the use is also favored, even if it is not transformative. Oracle specifically targeted what Google did, and said numerous times that what you are arguing is specifically not what they are arguing, because they know how ridiculous it is. While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. Since you appear intent on only being insulting, dont show any evidence of actually understanding any of the issues, or any desire to participate in an honest discussion, I see no value in continuing this conversation. So, to be frank, idk what you are talking about. Sorry, you dont understand copyright. D) Liquidity of the investment is high. Which statement regarding the registration of real estate branch offices is true? History is an amazing thing, if people are willing to search for the truth and facts. Of course, billion dollar judgements against infringers. However, a Treasury note purchased three years ago does not become a cash equivalent when its remaining maturity is three months. (a) Owners must make all accessibility modifications with no regard to the cost of improvement. 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) Owners of property open to the public may be required to remove barriers to accessibility. Pennsylvania Suspended Driver's License & Reinstatement | DMV.ORG (a) The partnership must be registered with the Department, and all six partners must be active real estate brokers. If I recall correctly, the Merger Doctrine was raised earlier in the proceedings and found to not apply. 0 Given this, your last quote is simply untethered to any legal point that you may want to be asserting. Breyers written garbage in Mayo took down patent rights and diminished investment in key medical research areas. That doesnt mean they rejected the merger argument, they simply said they didnt need to consider it. Im not going to hold my breath, which means Google appears to have a fully paid-up license to copy whatever code they want, regardless of how they destroy the copyright owners market and regardless of how many tens of billions, or hundreds of billions they make. If copying the heart of Java is fair use, this decision implicitly overrules the Courts decision in Harper & Row, Publishers, Inc. v. Nation Enterprises, 471 U. S. 539 (1985). 112 0 obj <> endobj (b) The agent should check with FREC before disbursing any money. Ignore for the time being the actual declaration lines of code, ok? Do not operate on any more brains the patients you touch are piling up. That is the merger argument which the Supreme Court declined to take up. Employees can specify additional amounts to be withheld each month. You also chose not to answer the question on patents, I did. (a) Denial, reprimand, fine, probation, suspension and revocation (b) Imprisonment only (c) A fine and imprisonment only (d) A fine, reprimand, denial, suspension, revocation and imprisonment, An appeal of a Commission final order is filed with which of the following? 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). When Thomas Jefferson (Anon) argues, if you build it you own the rights to it, Jefferson stayed in the US. . Which of the following is accurate regarding this scenario? All cash receipts/payments with third parties directly to/from restricted cash accounts will need to be reported as an operating, investing, or financing cash flow based on the nature of the transaction. (a) Third-degree misdemeanor (b) Second-degree misdemeanor (c) First-degree misdemeanor (d) Third-degree felony, What is the maximum amount of money that can be paid from the Real Estate Recovery Fund to three persons who suffered monetary loss as the result of a fraudulent act committed by a real estate licensee and have been awarded a single judgment? It is the function that cant be copyrighted, not the code. Its not about 11500 lines of code, its about what those lines do. The contract calls for a deposit of $10,000, to be placed in the broker's escrow account. (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. (a) Age (b) Marital status (c) Occupation (d) National origin, Which legislation prohibited discrimination based on religion? There are simply far too many people who have no clue of law, and merely think that their level of technical understanding compensates and allows them to speak on something that they just do not understand. 6.5.1 Definition of cash Please read again what the Court (and again, not me) actually stated. (a) Florida Supreme Court (b) District Court of Appeals (c) County court (d) Department of Administrative Hearings. (b) The licensee must disclose the license status on any yard sign using terminology such as "owner agent." If you copy and transform then you are in the clear for the Courts (not my) provided reasoning of Fair Use.. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. (c) Provide protection from any and all debts that may be incurred against the homeowner. Do you get it now? I DEFINITELY would never hire a Supreme Court justice to do my accounting. Github encourages it. . While the rule is not focused on the financial reporting of entities that have investments in money market funds, the changes could impact whether investments in money market funds are considered cash equivalents. Posters here that proclaim superior knowledge of application programming interfaces dont know the audience of IPWD. Why is the bank upset? What Google might have done: made a set design parameters, use the same labels, pack a bunch of coders into a vault to produce 11,500 lines of code, and document everything. Illegal monopolies actively seek to weaken federal agencies and IP rights. (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. So even though Googles use was a commercial endeavora fact no party disputed that is not dispositive of the first factor, particularly in light of the inherently transformative role that the reimplementation played in the new Android system.. In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. (a) Minor offense requiring reprimand (b) First-degree misdemeanor (c) Second-degree misdemeanor (d) Third-degree felony, What may a real estate sales associate or broker who does not pay attention to detail and causes harm to another be charged with? I suppose that the rewriting of laws has been going on at the Supreme Court probably since its existence. (c) The ad may not be prepared by sales associate. Whens the last time you represented a client that invested millions in product development to have its product ripped off by a larger entity? The range of penalties that may be imposed on a licensee by the Commission for violation of law or rules includes which of the following? Facts of a case are applied for the immediate case. A sales contract specifies that the buyer will pay a secondary deposit by March 15th. 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. Rather, the larger grasp so absent from so many of hte tech ilk more (poorly) reflects what it takes to intelligently operate in a world of both law and tech. It is for your own use only - do not redistribute. Motorists may reinstate drivers licenses by fulfilling the court requirements and paying the applicable reinstatement fees and court fines. The Java API is meant to be used, otherwise it has zero value. One was that the declarations are methods of operation, which in my opinion is a poor argument. Hey, is that a website? You keep saying that merger doesnt apply. From Mennell 2018: Copyrights low threshold for protection, complex scope, broad array of rights, and long duration created a risk of overbroad protection for computer software products. And, certainly: Patents low threshold for eligibility . Most of the time, you will complete a Restricted Information Form to accompany another standard court form. At IPWatchdog.com our focus is on the business, policy and substance of patents and other forms of intellectual property. I dont need to change my mind. Should those names, or the set of functions that the names invoke, be protected by copyright? Reporting entities should consistently apply and disclose the treatment of such payments. Google did not COPY any code whatsoever. 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. Which statement correctly applies to solicitation calls to this owner by a licensee? A property owner is registered on both the state and federal "do not call" lists. 2019 - 2023 PwC. In 1977, former President Ford contracted with petitioners to publish his as yet unwritten memoirs. Tax 1 Chapter 12 MC from Test Bank Flashcards | Quizlet (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? The immediate point here is that those license requirements have no enforcement force anymore. It was one of Googles main arguments.. As for fair use, you can do a fair use analysis without determining if what was copied is otherwise infringing. How would a licensee attempt to compel testimony from a witness in a formal hearing? @ A Time Am I really going to force programmers to learn 50 different words for adding to call that command? 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. Once again, a critical theme must be reinforced: protection is NOT binary between the different realms of intellectual property protection. Such a feature is commonly referred to as overdraft protection. 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. @B Yes, EFF actually had some good points in its early days, today, its a paid-for mouthpiece. How to Write a Letter to the Judge for Driving Privileges (b) A brokerage branch office may be closed and reopened at the same location during the same license period by requesting a reissue. This ruling prevents open source software from being locked out of being interoperable with commercial software. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. What should a sales associate do if a purchaser wishes to present a post dated check? Separately, you continue to confuse what Fair Use entails. While the definition of cash is generally understood, what constitutes a cash equivalent is not as straightforward. Oracle has bigger and better global options of enforcement. Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. You only have to go back up to my post at11:17 am today to find the (same) answer. Corrent. no one said anything about source code leastwise me.. (b) The name of the brokerage must be included in the ad. As many open source projects are based on using APIs from commercial products, this decision helps, not hurts, open source. (a) When the landlord pays the tenant 75% of the interest earned (b) When the landlord deposits the funds into a non-interest bearing escrow account (c) When the landlord posts a surety bond (d) When the landlord places the funds into an escrow account controlled by the property management company, All of the following estates include legal title to real property, EXCEPT: (a) Tenancy for years (b) Fee simple estate (c) Life estate (d) Tenancy by the entireties, Florida timeshare projects are regulated by which organization? And yes, in object-oriented programming especially a huge amount of thought goes into the API because the classes are integral to the design of the code. Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it.. Which requirement is correct? Yall are acting as if transformative is the only thing you need to show for fair use. That would be a different API, with different behavior, different function.. (b) The partners are not required to have real estate licenses, but the profits must be distributed equally amongst all four partners. Whats that? An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. All partners will work with buyers and sellers, showing properties and taking listings. Intellectual property law falls under this penumbra. No good people want these jobs anymore, so we get a court full of morons. But for copyright that is how it is, and that isnt remotely controversial. Does copyright protect idea or function? Are you telling me that Microsoft, Apple (who is decidedly not a fan of open source. 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. Brokers Licensing Course Flashcards (c) Turn the check over to the broker by close of business the next business day. 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. What the Federal Circuit said in effect was that any compatible library would be infringing on Oracles copyright, no matter how it was created. Do you think it would somehow be preferable to have to make those Math.maxGoogle(a, b) and list.sizeGoogle()? (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. A buyer drops off an escrow check on Tuesday. The Supreme Court did not address it, merely saying that for arguments sake, assume that the declarations are protected by copyright. OMG, the arrogance of some programmers is incredible! How is it not a question of merger? The larger point under the legal reasoning is that by stating that all software is functional, and that the reason why Fait Use was obtained was a reliance on transformative (to the rather large scale detriment of the actual Four Factors of the analysis), is that the SAME TYPE of analysis for the extremely wide notion of transformative is what will control going forward across ALL types of software functionality (and NOT limited to the facts of THIS case and ANY distinction between a functionality of declare or implement.. What is the charge for anyone found guilty of using false or misleading advertising? 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. Generally, only investments with original maturities of three months or less qualify under that definition. Maybe also SAP and Matlab, but they deliberately designed their software to not be interoperable so they should not have as much of an issue. Hardship Exceptions for Suspended Drivers Licenses (c) The individual selling the unit must have a Florida real estate license as cooperatives are sold as a proprietary lease in Florida. 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. The point about source code is that you inserted that item in a response to me and it absolutely misses the point that Fair Use requires the item to which such use is being judged fair or not to be copyrighted. @A time for every purpose: Its not about 11500 lines of code, its about what those lines do. BP: I did not say that the expression of function makes the expression uncopyrightable. Instead, they should be accounted for as investments in accordance with. The system is the relationships between the different classes, also with its own function. I suggest that you read the actual decision here. Most patent attorneys in this space ALSO know how code works and they have the benefit of knowing how law works. Many in this audience have programming experience, some well beyond those that say they know APIs so well. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. What Google might have done: made a set design parameters, use the same labels, pack a bunch of coders into a vault to produce 11,500 lines of code, and document everything. (a) $150,000 (b) $50,000 (c) $25,000 (d) $10,000, In which of the following circumstances may a citation be issued to a licensee? Whether the API described by the specifications (including the names and hierarchy) is a system or method of operation is strictly a 102(b) question. NOW consider the declarations. Heres Breyers dicta: 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.. Why do you think that merger had nothing to do with this case? 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. Ignorants weigh in with uninformed drivel. And the court simply made a fair use argument, it didn't even reach that apis were uncopyrightable. 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? @BP Maybe Thomas saw the damage he inflicted with Alice?. As a result of the publication of The Nations article, Time canceled its article and refused to pay the remaining $12,500 to petitioners. Per the bond agreement, the trustee is instructed to use $40 million of the proceeds to repay FSP Corps existing debt, while the remaining $60 million will be held in the restricted escrow account until FSP Corp incurs qualifying construction expenditures. You should note that my argument was not an ad hominem argument. Try again this is quite not correct at all. (a) Calls may only be made between 9:00 a.m. and 8:00 p.m. (b) Calls may not be made when representing a buyer. Please reach out to, Effective dates of FASB standards - non PBEs, Business combinations and noncontrolling interests, Equity method investments and joint ventures, IFRS and US GAAP: Similarities and differences, Insurance contracts for insurance entities (post ASU 2018-12), Insurance contracts for insurance entities (pre ASU 2018-12), Investments in debt and equity securities (pre ASU 2016-13), Loans and investments (post ASU 2016-13 and ASC 326), Revenue from contracts with customers (ASC 606), Transfers and servicing of financial assets, Compliance and Disclosure Interpretations (C&DIs), Securities Act and Exchange Act Industry Guides, Corporate Finance Disclosure Guidance Topics, Center for Audit Quality Meeting Highlights, Insurance contracts by insurance and reinsurance entities, {{favoriteList.country}} {{favoriteList.content}}, Readily convertible to known amounts of cash. (d) The landlord files a motion for default. Do you realize how ridiculous that comment is? Steve no one said anything about source code leastwise me. Gene Im afraid this demonstrates both your lack of understanding and your utter commitment to rulings which serve your own self-interest. Yes. The Orlando broker neglected his duties, resulting in a financial loss to the Miami licensee. Which of the following statements is correct? b. An API in the C programming language is an abstraction that C programmers use to describe a set of source and header files (or functions and data structures).

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