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 Alice followed Mayo. A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. You said that Google dropped the merger argument, and you are quite clearly wrong. Which of the following statements is correct? Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. I have been careful to identify function as opposed to the expression of function. In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. 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. If a sales associate receives a post-dated check, which of the following is the most appropriate action? . If two humans given the same task of writing 11500 lines of code would independently do it differently, that may be a clue (right?).. (a) The licensee must disclose his or her license status in any advertising. Instead, they should be accounted for as investments in accordance with. 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. 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.". To avoid any trouble with Commission, the broker must deposit the check by close of business on which day? (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. Merger was rejected by the CAFC. (a) Florida Supreme Court (b) District Court of Appeals (c) County court (d) Department of Administrative Hearings. There are now no limits to the copying Google and others similarly situated can do. Please see www.pwc.com/structure for further details. All they did, in effect, is say that when something is functional, you cant say it isnt transformational simply because it has the same (uncopyrightable) function.. And for all those who are convinced Ive never written code, wrong again! Any idiot can compile a list of phone numbers and names. What term is used to describe a situation in which a real estate licensee tells a customer an advertised property is NOT available for sale when, in fact, it is? Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it.. Google did not COPY any code whatsoever. There are five amendments in the U.S. Constitution which protect voting rights: Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding.. (d) The developer must escrow the value of the most expensive model prior to offering the contest to the public. Both characteristics included in the definition of cash equivalents must be met for an investment to be considered a cash equivalent. For the reasons that follow, merger easily disposes of Oracles copyright claim.. F3 Provides Update Regarding Private Placements. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors. (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? Now I know that you are not following what I have been saying. 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. The password serves a purpose. An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. The license can also restrict the person ' s use of alcohol and drugs and specify the routes or areas where he may travel. No appreciation for creativity, why SV is such a cultural wasteland of fraud and discrimination in the name of $$$. 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). We use cookies to personalize content and to provide you with an improved user experience. endstream endobj 278 0 obj <. Today IPWatchdog is recognized as the leading sources for news and information in the patent and innovation industries. (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? 25. The Sun Java API is a system comprised of many processes and methods of operation. (d) Have his or her lawyer issue a writ of mandamus. What should a sales associate do if a purchaser wishes to present a post dated check? It has been around in some form, and not just for computer code, for 25 years at this point. The value of the Java API is allowing third party applications to run on any platform (windows, android, linux, mac-os, etc). Company name must be at least two characters long. Last updated November 1, 2022 at 8:57 AM Supplemental Information I suggest that you read the actual decision here. C) Business ends at the owner's death or loss of interest in the business. print i They explicitly did not decide if the declarations are protected by copyright. Even Sun, the developer of Java, thought Google was in the right. In that case, changes in the overdraft would be classified as financing activities in the statement of cash flows and the overdraft would be presented as debt on the balance sheet. No copyrights, all software is functional, and Fair Use sets you free (and soooooo transformative. Maybe patents will do. %PDF-1.6 % That you seem impervious to understanding this just draws more attention to the inanity of your insisting that you understand the legal points here. Ignore for the time being the actual declaration lines of code, ok? Gene Im afraid this demonstrates both your lack of understanding and your utter commitment to rulings which serve your own self-interest. A taxpayer who receives a distribution from a retirement account before she is 55 years old is. Some California Constitutional Provisions Can Be Waived (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. Genes article here (and the Absurdity of the Result) are at heart legal pieces. All of the following business formations can register to conduct real estate transactions, EXCEPT: (a) Corporation for profit (b) Not-for-profit corporation (c) Corporation sole (d) Limited partnership, If a broker has conflicting demands on money held in escrow, what is the first thing the broker should do? Which of the following best describes a DBPR investigator's roles and responsibilities? Thats exactly what the Supreme Court did in this case. Headers are not a copyrightable work. 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. Chapter 5-8 Day 2 Flashcards | Chegg.com Please inform yourself in the future before you make such idiot commentary. So, to be frank, idk what you are talking about. Finally, compensating balances maintained by a reporting entity for the benefit of affiliates, officers, directors, principal stockholders, or other related parties should be disclosed as related party transactions. However, assuming that cash has been reduced for outstanding checks based on the non-authoritative AICPA guidance discussed above, if a zero balance account is linked to a bank overdraft credit facility and checks presented for payment are immediately payable under the credit facility, the book overdraft would be, in substance, a bank overdraft. Slightly elevated salaries (with horrific employment terms crafted through illegal collusion) are the bargain with the devil. (a) Nothing; the DBPR has no jurisdiction over unlicensed persons. Android is extraordinarily commercial. It determines an employee's income tax withholding. However, the Supreme Court chose to bypass that argument entirely, although hints of support for it are in the opinion. Occasionally FREC may receive a complaint from a member of the public that is not considered a "legally sufficient" complaint. Read about auto design, clothing design, aircraft design, furniture design, jewelry design, recipe books, . The declarations are part of the copyrighted source code of a computer program. Walk into any software company today and say that and you will be shoved out the door immediately. They were all labeled patent trolls. 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. (a) The defendant will be issued a subpoena. Why is the bank upset? That was accepted as true by the Supreme Court. They are actually purely decorative if you reverse engineer the system you can fill in the parameters and make the call without ever seeing the API definition, and things will still work. Its also completely incompatible with almost everything. 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. And so? Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. Could you imagine copyrighting a function like Math.add(a, b)? hbbd```b``+@$4d "&L{*,`9Lb`53l'9[H2Y~@R&F%`{"30` Wf; If I write a program that works using Oracles Java API library, should I have to rewrite it if I want to use a different library (changing not only the names I use in my program to call those functions, but also changing what those functions do and how they work together)? 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. They did not rule that the Java API is copyrightable expression, they did not rule that merger is inapplicable, they did not rule that Googles use of the declarations would be otherwise infringing (without Fair Use). 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. (a) Steering (b) Channeling (c) Conspiring (d) Blockbusting, All of the following are protected classes under the 1988 Amendment to the 1968 Fair Housing Act, EXCEPT: (a) People with physical or mental impairments that do not limit major life activities (b) Individuals with drug addiction problems who are not current users (c) Persons with acquired immune deficiency syndrome (AIDS) and recovering alcoholics (d) Women who are pregnant and people with children under the age of 18. 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. Breyers a pragmatist, that is what he believes, and he wrote the opinion. Who has the right to inspect a broker's escrow account records? The source code is what is copyrighted. Fair Use simply does not apply in any instance in which you lack a copyright. The definition then provides two characteristics that elaborate on the required attributes. The ones that never learned to program without an error checker. The source code is the expression here. ASC 230-10-20limits a cash equivalents maturity (to the reporting entity holding the investment) to three months. 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. That is what was locked up in those 11k+ lines of code. 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. The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. (a) Exaggeration (b) Misrepresentation (c) Failure to account (d) Concealment. And yes I have advanced degrees from top schools in computer science. All rights reserved. (d) The Real Estate Recovery Fund only protects individuals that are not licensed. 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. (a) Sales associates are not permitted to own stock in the entity. Unlike a bank overdraft, there is no cash flow impact from a book overdraft. . Its interoperable because anyone can use it and attach it to anything. Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. (b) The individual selling the unit must hold a Florida Cooperative Sales license to perform this task. (d) An ostensible partnership will not be treated as though the participants were partners. In 1977, former President Ford contracted with petitioners to publish his as yet unwritten memoirs. And, it is well established that copyright can exist in the arrangement of non-copyrightable elements. Perhaps you are reading an entirely different case. 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. You are incorrect on pretty much every single statement related to law and this case. Period. George received a final order from the Florida Real Estate Commission, ordering his license revoked. (a) Return the deposit to the buyer or seller based on which party asks for it first (b) Withdraw the amount of the commission from the escrow account (c) Retain the exact amount of the disputed commission in the escrow account until the dispute is settled (d) Distribute the escrow funds according to the directions of the company attorney, A prospective tenant pays a licensee for a rental information list. Google did copy code, but they copied it from the Harmony project. At one point, perhaps, but when that point was lost, Google did NOT continue on that legal position. Naysaying is not debating. Well, Ben Franklin has left the room, everything for the public good, as long as I have mine, then off to France. (a) Bob cannot bring a legal action for the claimed commission against anyone other than broker Jerry. IF the Sun Java API (the abstraction described by the Java SE specifications, itself a copyrighted document) is a system or method of operation, AND the declarations are the only way to express that API in the Java language, THEN how is that not merger? Copyrights just dont protect computer code from actors like Google. They are hacks and I dont mean hackers, because many hackers are intelligent, though misguided. PwC. Out of state: (717) 412-5300. Unless otherwise decreed by a court, they now hold title as which of the following? Again this is a non sequitur. The billion $ judgments sparked heavy lobbying against independent inventors, startups, the USPTO, universities, you name it. 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'll get a detailed solution from a subject matter expert that helps you learn core concepts. And that it would promote the arts and sciences by doing that? A photographer mounts removable lighting on the ceiling of leased property being used as a photography studio. b. Any developer would tell you that. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. Again this is a non sequitur. All they did, in effect, is say that when something is functional, you cant say it isnt transformational simply because it has the same (uncopyrightable) function. Were supposed to be a country of laws, which, as shown, is being hijacked by Silicon Valleys advertising/lobbying industry. Which requirement is correct? I really do not have any issues with an appropriate change in law by the appropriate means. These days, when the court gets something right it is the exception, rather than vice versa of old. Gee, maybe Trade Secrets and employment constraints are what the lemmings should be taught to embrace. (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? 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. Why? Yes, there is creativity in designing an API, but that is not authorship, just as creating a new recipe is not authorship. This question is for testing whether you are a human visitor and to prevent automated spam submission. Creating a C interface requires much deeper knowledge and training in software design. Creative expression can be found in the simplest things, describing boil, stiff peaks, carmelization, characteristics of an onion, . The majority opinion did not adopt the statutory argument. (a) Condominium (b) Tenancy in common (c) Joint tenancy (d) Cooperative, Paul and Paula are husband and wife. 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. You can set the default content filter to expand search across territories. It was the corrupt, patent- and copyright- biased federal circuit that forced this case to go the supreme court in the first place. So the court has read one of the listed exclusive 106 rights to be the justification for denying copyright protection under 107. If the expression has no creativity beyond that of the recipe itself, there is no copyrightable expression, no matter how original and creative the recipe itself is, and even verbatim copying will not be infringing. This is what the Court itself wrote: (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. The cash flow statement should reflect a financing inflow of $100 million. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. Which penalty would apply to a licensee who is guilty of false advertising? A "probationary license" granting restricted driving privileges can be issued for some offenses. And all they did was copy from Oracle what was necessary to forward their own desires. What type of estate have they formed? The buyer applied for financing and was turned down by three different lenders, resulting in his/her inability to close on the transaction. (b) Provide proof to the court that the witness has some valid information. Now I know that you are not following what I have been saying. No, the hacker is guilty of violating the law by hacking into your system, not of violating copyright. There is diversity in practice over the classification of payments from credit card and debit card processors which settle shortly after the reporting date. Federal Constitutional Voting Protections - Ballotpedia Why do you think that merger had nothing to do with this case? It was one of Googles main arguments. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. created a risk of overbroad protection for computer software products. Hence the SCt delivers fair use (Google v. Oracle) and efficient infringement (Mayo/Alice). endstream endobj startxref 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. If two components produce the same behavior, they have the same function. I have to wonder whether the issues were poorly explained. The seller is claiming breach of contract. 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? Instead of some lawyer? While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. The Constitution does not describe promoting the progress of science and the useful arts by permitting copyists to create transformative works. 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 . (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? I dont need to change my mind. @BP Maybe Thomas saw the damage he inflicted with Alice?. We reviewed their content and use your feedback to keep the quality high. History is an amazing thing, if people are willing to search for the truth and facts. Tax 1 Chapter 12 MC from Test Bank Flashcards | Quizlet (c) An ostensible partnership cannot be created by real estate brokers. Frankly, the supreme doesnt do enough to shut down the antics of the federal circuit. (d) A partnership cannot be formed as a brokerage business. Night Writer: Is SCOTUS telling us that a prolific writer is much less protected by copyright than a writer, who only writes infrequently? Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. And the court simply made a fair use argument, it didn't even reach that apis were uncopyrightable. Google won with a Screw you, we are just going to take and not license approach. (d) Owners of property open to the public may be required to remove barriers to accessibility. Which statement is correct regarding this situation? Most of my programming was for control systems, you know software that has to work. Then ask, what does the copyright cover. See. you may then begin to understand. B) Like nonqualified stock options, the employee's income inclusion for restricted stock is the bargain element. A funds policies include a provision that requires the weighted average maturity of the funds securities holdings not to exceed 90 days, The investor has the ability to redeem the funds shares daily in accordance with its cash management policy, The funds investment attributes are consistent with the investment attributes of an SEC-registered money market fund. But it ends up being, perhaps one is fair use the other is not. So, Google stood on the shoulders of Oracle for free. Java cant come back and attack its users from using its free platform. Coding would be impossible if you did that. In reviewing that decision, we assume, for arguments sake, that the material was copyrightable., A holding for Google on either question presented would dispense with Oracles copyright claims. (C) After an individual's driver license has been suspended because of a physical condition, and a satisfactory medical report is then submitted, reinstatement of driving privileges shall be subject to the provisions outlined in paragraph (A) of this rule. By continuing to browse this site, you consent to the use of cookies. (b) A brokerage branch office may be closed and reopened at the same location during the same license period by requesting a reissue. Working directly from this manuscript, an editor of The Nation produced a 2,250-word article, at least 300 to 400 words of which consisted of verbatim quotes of copyrighted expression taken from the manuscript. 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. Almost every waiver request has been granted, based on a legal standard that requires EPA to approve these waivers where there are . Bob decides to sue for his lost commission. But YOU appear to be confusing and conflating different aspects as somehow being mutually exclusive this is an error of fact. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. 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. No. Book overdrafts related to a specific bank account should not be offset against other cash or cash equivalent accounts (including time deposits, certificates of deposit, money market funds, and similar temporary investments). What is the point in obtaining a copyright in software? (a) The broker associate may be a member of the partnership. (a) The individual must be licensed as a stock broker and a real estate broker to sell cooperative units. You insert a bit of an overstatement and want me to defend a position that I have never put forth with your question of, Why do you think that merger had nothing to do with this case? I was very clear that merger had been attempted to have been used in this case. It is just the words google.maps.Map() that are unprotected, because I need to type them in to do my job. What is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed real estate activity?
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