Upon the termination of a life estate, the estate may go back to the original grantor. Im not saying you are of low ability but the DunningKruger effect may be insightful as to why you hold onto your position in the face of experts (high ability on copyright and IP in general). 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. Accordingly, reporting entities should disclose this fact. But hey, ignorance is bliss and theres no point in explaining this point to anyone who cant be bothered to read beyond the headlines. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. That would be a different API, with different behavior, different function. When reviewing private placement documents, you may see a reference to Regulation D . 24) Which of the following statements is incorrect regarding sole proprietorships? If George wishes to appeal this order, what would be his next step? While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. That is what Google essentially copied, and that was all that was needed in Android to allow any java program written by third party to work on Android. Please read again what the Court (and again, not me) actually stated. I understand that, but you should adjust your views about law based on what the people who are supposed to be following it actually think and do. Fair use has turned into the new know it when I see it judicial tool to deliver a victory to special interests, just like 101 in patents (particularly in early dispositive motions or at the PTAB). However, because justices are so hard to remove (and their writings are so esoteric that the vast majority dont even understand what they are writing), they know that they can get away with it with little to no repercussions. And print it. B) Sole proprietor is in full control. 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. That ruling would focus on the fact that the declarations can only be written one way to perform their function of responding to the calls already known to Java developers. Which of the following statements regarding restricted stock is false? . Your go-to resource for timely and relevant accounting, auditing, reporting and business insights. . If the key opens the door to a model, the individual wins the home. 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. (c) Turn the check over to the broker by close of business the next business day. NOW consider the declarations. (a) A broker may conduct business from more than one unregistered office as long as the principal office is registered with the DBPR. The Supreme Court did not say that the declarations are protected by that copyright. The average coder, if Oracle had its way, would have to ask Oracle for permission every time it wanted to use the platform, for fear that using the very thing they are encouraged to use is a violation. Copyright exists in creative expression fixed in a tangible medium. Slightly elevated salaries (with horrific employment terms crafted through illegal collusion) are the bargain with the devil. That is an existing standard. Oh my, my, . Conversely, if the use is nonprofit (i.e., not making money), then the use is far more likely to be a fair use. (b) The Probable Cause Panel is an exercise of the quasi-judicial powers of the Florida Real Estate Commission. Yes, there is creativity in designing an API, but that is not authorship, just as creating a new recipe is not authorship. Checks that have not been released by the end of the accounting period (e.g., not mailed) should not be reflected in the financial statements (i.e., the related balances should still be reflected as cash and the related account payable due). Oh my, A time for every purpose: ask not for whom the bell tolls, it tolls for thee. They also copied the methods of operation, and the system of methods and processes. This is a win not only for Google but for every small developer who would be crushed by Oracles extreme misuse of the IP system. Should those names, or the set of functions that the names invoke, be protected by copyright? Yes. If two components produce the same behavior, they have the same function. I have no idea what foundation you are standing on, it seems like one that has nothing to do with law. (d) Escrow money is always nonrefundable. This is simply asinine and unrelated to the legal points present. 61J2, what would be the likely result? (a) Tenancy at will (b) Tenancy at sufferance (c) Tenancy for years (d) Tenancy in common. Like stock options, restricted stock has to vest before it can be sold. 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. Bryer wrote: As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of Kool-aid is what many programmers now drink. 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. What was the significance of the 1968 Jones v. Mayer Supreme Court ruling? You can set the default content filter to expand search across territories. Which is not a totally unreasonable point, but not a great one. A buyer has agreed to purchase the seller's home. Kelowna, British Columbia-- (Newsfile Corp. - April 28, 2023) - F3 Uranium Corp. (TSXV: FUU) (OTCQB: FUUFF) (" F3 Uranium " or the " Company . I was calling APIs while you were in diapers. 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. You cant copyright a programming language. I dont need to change my mind. (b) After winning a court judgment, the Miami licensee may file a claim against the Florida Real Estate Recovery Fund since he/she was acting as a buyer, not as a licensee when the damage was incurred. It was timed to scoop the Time article. Which statement best describes the legal requirements? There is no Anon lost in my comments. Perhaps you are reading an entirely different case. (a) 30% (b) 33% (c) 50% (d) 100%, Which of the following is a form of corporate ownership which allows possession under a proprietary lease? (b) The sheriff posts a 24-hour notice of removal on the tenant's door. There are five amendments in the U.S. Constitution which protect voting rights: Are you a fan of the control executives exercise over those at Google AI ethics (firing minority women)? (b) Appear (c) File an appeal (d) Bring an attorney, Which activity would be classified as a first-degree misdemeanor under F.S. (d) $10,000 fine and imprisonment for up to 10 years. Why? An item (such as software) may have multiple aspects, and thus may earn multiple forms of protection. Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. No, I will not find it in the statute. Of course, if this were a software patent case, smartphones, laptops and desktops would all be synonymouslyconsidered generic purpose machines that are indistinguishable, but this was a copyright case where Google stood to benefit, so no such distinction was made. 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.. Please old wise one, identify the purpose in the statute that makes the hypothetical use not an infringement of copyright. (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. That you seem impervious to understanding this just draws more attention to the inanity of your insisting that you understand the legal points here. How would a licensee attempt to compel testimony from a witness in a formal hearing? (a) Nothing. Copyrights just dont protect computer code from actors like Google. 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 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 . As the name/label of a given callable routine isnt subject to copyright, there will be no infringement, and end-users need not learn anything new.. (d) The owners can take title to the property at different times. Audio is not supported in your browser. Wouldnt that threaten innovation through use of the platform? Clearly Breyer hates IP rights. Copyright exists in the creative expression of many objects that are functional. Breyer is explicit, he places promote well above the exclusive right of authors and inventors. An instruction manual on how to play a game or operate a machine may be copyrightable, but not the underlying game or the interface of the machine. (b) An ostensible partnership is not a true partnership. In the infinite wisdom of the Supreme Court, the copying of this code was found transformative because Google only used it to circumvent the need to license Java from Oracle with respect to Android smartphones. (a) Tables and chairs are provided for sales associates and customers (b) The location is used as a shelter to get out of the sun or rain (c) Literature which contains the broker's office address is handed out (d) Sales associates are permanently assigned to the location. (a) This practice is a violation of F.S. The Merger Doctrine is not in play in the facts of this case. 81, What is the point in obtaining a copyright in software? Jerry fails to pay Bob a commission, so Bob resigns and is hired by broker Sam. If you change those, it becomes a different API, with different behavior. ASC 230-10-20limits a cash equivalents maturity (to the reporting entity holding the investment) to three months. The answer is clearly yes, hence copyright exists. Breyers a pragmatist, that is what he believes, and he wrote the opinion. You are ONLY seeing this through a lens of function. I do have to wonder if that is your lens, what are your views as to protecting software through patents? 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. Unless, of course, that isnt actually what they are doing. (b) The broker should notify the FREC of an escrow dispute. (c) An ostensible partnership cannot be created by real estate brokers. Picasso? Given the lack of definitive guidance related to compensating balances and restricted cash, determining when compensating balances are restricted cash can be challenging. 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. At that time, Charlie is to receive title to the land. Function in a computer program is behavior. Four individuals wish to form a real estate brokerage partnership. But Ms. Perkins says that if I write a code for a new controller (say controlling a complex system, that actually makes a useful product, while maintaining that system in an unsteady state) I cant/shouldnt have protection? A photographer mounts removable lighting on the ceiling of leased property being used as a photography studio. An overnight reverse repurchase transaction matures the next day; therefore, it is readily convertible to cash, similar to a demand deposit bank account or a treasury bill that trades with one-day settlement (both of which are regularly considered cash equivalents). 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. A) Like stock options, restricted stock has to vest before it can be sold. 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. Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. We shall assume, but purely for arguments sake, that the entire Sun Java This is plainly wrong. (d) The names of sales associates may not be included in the ad. Frankly, the supreme doesnt do enough to shut down the antics of the federal circuit. Here is a list of the most common court forms that must be accompanied by the Notice Regarding Restricted Information: Financial statements in family law cases: (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. An API is not the same as the code that implements it, any more than an algorithm is code. (b) The sales associate should refuse to submit the offer without a cashier's check. The licensee could not satisfy any portion of the judgment from personal assets. In the usual case, reportable compensating balances which in the aggregate amount to more than 15 percent of liquid assets (current cash balances, restricted and unrestricted, plus marketable securities) would be considered to be material. This abstraction is what should be considered an uncopyrightable idea. Most of my programming was for control systems, you know software that has to work. Its common sense that APIs arent copyrightable. Google won this case at the local level. But for copyright that is how it is, and that isnt remotely controversial. F3 Provides Update Regarding Private Placements. The business licenses and permits that are needed vary by city, county, and state. Those 11,500 lines, however, are only 0.4 percent of the entire API at issue, which consists of 2.86 million total lines. What is the purpose of the FREC disciplinary guidelines? The former is like copyrighting the English language and then suing people for speaking. Author: PirenX Thats exactly what the Supreme Court did in this case. (a) Handicap and familial status protections were added. 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 What is the point in obtaining a copyright in software? following the class declaration (except that a and b could be different). Great comments by others here, people that actually know something. (d) A temporary shelter must always be registered as a branch office. To BE Fair Use, it first needs be copyrighted. (a) The defendant will be issued a subpoena. 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. Thats the question that the Supreme Court didnt address, but it is still very much an open question, and if this comes up again in the Ninth Circuit, they are very likely to find that an API is such an uncopyrightable idea. C) Business ends at the owner's death or loss of interest in the business. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. loopntimes(n) { GNU/LGPL - GNU Lesser General Public License (LGPL) Under an LGPL license, developers have rights to link to open source libraries within their own software. Gene Im afraid this demonstrates both your lack of understanding and your utter commitment to rulings which serve your own self-interest. An API is a domain specific language. Notably, both refer to business in the making of money. Doubt you even know who they are . Only a truly ignorant person would every say such ridiculous things. 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. endstream endobj 278 0 obj <. "Whether Google's declarations are infringing is a question of merger . It certainly is not what the founders were thinking when drafting the Constitution. That this theft would be brushed off as fair use, and somehow framed as transformative, boggles the mind. Given this, your last quote is simply untethered to any legal point that you may want to be asserting. PwC refers to the PwC network and/or one or more of its member firms, each of which is a separate legal entity. Items commonly considered cash equivalents include treasury bills, commercial paper, and money market funds. What type of estate have they formed? This decision clearly rejects that characterization. (a) Joint venture (b) Limited partnership (c) General partnership (d) Corporation, Which business structure may be registered to broker real estate? Good day gentlemen. 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. This is not correct in multiple dimensions. Saying something else was copyrighted is a non sequitur. You know nothing of what is creative expression. Steve can point to dicta by Breyer, an ardent anti-intellectual property rights, pro-Google (illegal monopoly) justice that needs to retire. (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? If a sales associate receives a post-dated check, which of the following is the most appropriate action? (d) Owners of property open to the public may be required to remove barriers to accessibility. The court rendered a single judgment against the licensee in the amount of $65,000. Hardly, youre drinking the Kool-aid, just what Google wants. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors. zombies! (d) The broker associate may not provide real estate brokerage services to others. Many people who are arrested and charged are either released without a trial or ultimately found to be "not guilty". All they see is the warm promise of sunshine at the crest of that hill, as they charge full force towards that crest. Am I really going to force programmers to learn 50 different words for adding to call that command? 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. So, Google stood on the shoulders of Oracle for free. Which of the following statements regarding an ostensible partnership is correct? (a) Owners must make all accessibility modifications with no regard to the cost of improvement. Many seem unable to even recognize that. A) There is one owner. That is the principle underlying fair use. }. Some borrowing arrangements contain compensating balance requirements. 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. Whether Googles declarations are infringing is a question of merger. Instead, they should be accounted for as investments in accordance with. Whether Googles declarations are infringing is a question of merger. . However, as SCOTUS is wont to do, they created this factor/test for which they alone know the answer to and with which they can justify whatever result they want. It is just the words google.maps.Map() that are unprotected, because I need to type them in to do my job. 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.