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. Then ask, what does the copyright cover., Certainly, identical copying and arguably more. Their point was you can copyright an API so that another entity cannot copy that API, not that programmers using the API are suddenly guilty of copyright infringement. The Supreme Court declined to rule on merger, declined to say whether copyright extends to a software interface, declined to say whether Googles use of the declarations would be infringing without a finding of Fair Use. Some borrowing arrangements do not prohibit the withdrawal of compensating balances, but as a practical matter; future credit availability may be dependent on the maintenance of such balances. You also chose not to answer the question on patents, I did. Which of the following statements best describes the Probable Cause Panel? Solved Which of the following statements is true regarding - Chegg Judith, your statement is perfectly ignorant. Although they each enjoy 25% interests, they acquired their interests at different times. There is no Anon lost in my comments. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. 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? 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. As for fair use, you can do a fair use analysis without determining if what was copied is otherwise infringing. Really great comments. Accounting questions and answers. (a) Ask the Administrative Law Judge to subpoena the witness to testify. This is plainly wrong. 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. (d) Persons with AIDs or HIV were designated as handicapped. Wyoming. 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. (c) The Broker may return the money provided there was a rescission period also documented in the Sales Contract. (a) Title companies, banks, savings and loan associations, and credit unions (b) Mortgage companies, savings and loan associations, finance companies, and credit unions (c) Insurance companies, savings and loan associations, credit unions, and title companies (d) Stock brokers, finance companies, banks, savings and loan associations, and mortgage companies. Breyers a pragmatist, that is what he believes, and he wrote the opinion. How would a licensee attempt to compel testimony from a witness in a formal hearing? (c) If a sales associate wishes to be an officer or director, his or her license must be placed on inactive status. Which statement is correct regarding this situation? by writing Java code while looking at an English description of the Java API specifications), you will most likely create new code that carries out the actual tasks, since there are usually many ways to perform most functions. This question is for testing whether you are a human visitor and to prevent automated spam submission. OMG, the arrogance of some programmers is incredible! A South Carolina suspended drivers license reinstatement process dictates that drivers satisfy a set of requirements that may vary depending on the type of offense committed. The statement if copyrightable at all is Breyers anti-intellectual property position. You are incorrect on pretty much every single statement related to law and this case. The work that is copyrighted is the source code, which the declarations at issue are part of. The latter might be reasonable, and the question presented. I would describe it as a system of processes and methods of operation, where the way the API is used includes the names and the package and class hierarchy. It was the corrupt, patent- and copyright- biased federal circuit that forced this case to go the supreme court in the first place. How to debug licensing related issues - Xilinx Whens the last time you represented a client that invested millions in product development to have its product ripped off by a larger entity? (b) The Commission will dismiss charges against the licensee. 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). Why would they want to give up their licensing agreements? Driving Under the Influence (DUI) (DUI) - California DMV Unless otherwise decreed by a court, they now hold title as which of the following? (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? And yes I have advanced degrees from top schools in computer science. 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. Function in a computer program is behavior. Do you get it now? Given the rapidly changing technological, economic, and business-related circumstances, we believe we should not answer more than is necessary to resolve the parties dispute. No patents copyright will do. For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. It cares who is right. Coding would be impossible if you did that. (d) Have his or her lawyer issue a writ of mandamus. A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. The Supreme Court really is a sad state of affairs. Third Column Asserted Rights Category: Rights is SBIR, Limited, Proprietary, Limited/Restricted Correct Assertion Lists Example For a system, list data items at the lowest segregable component level: Common Errors found in Assertion Lists: Description is not precise or specific (too broadly stated) 475 or F.A.C. (a) An ostensible partnership is required to file documents with the Secretary of State. Soon, Breyers garbage broke the dam and made many technologies ineligible for patenting. Could you imagine copyrighting a function like Math.add(a, b)? (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? Which statement best describes the legal requirements? If two components produce the same behavior, they have the same function. I am quite familiar with copyright law as it pertains to software. 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. Your point here intersects with the point that I have provided in regards to transformative.. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. 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. (b) The agent should check with FREC before disbursing any money. What happens if a respondent fails to answer an administrative complaint? (a) The defendant will be issued a subpoena. (a) $5,000 (b) $10,000 (c) $25,000 (d) $50,000. . What type of tenancy has been formed? What percentage of the fee paid may the prospective tenant receive if the licensee provides inaccurate information? Oracle can take their Copyright fight outside of the U.S. to Berne Convention Treaty jurisdictions and win. (c) The county clerk issues an eviction summons. They are not code, they do not perform any function. If many banks are involved, the disclosure should summarize the most common arrangements and aggregate the compensating balances involved. Ive done it, everyone has done it. You know nothing of what is creative expression. If a hacker breaks in by reverse engineering my password, that hacker infringes Hemmingways copyright.. If arrangements requiring maintenance of compensating balances during the year were materially greater than those at year end, that fact should be disclosed. @6 Judith Perkins: Have you seen the damage inflicted by software patents?. Look at the API itself, not the code that expresses it. Which of the following statements is correct? The small portion of copying 11,500 lines out of 2.8 million represents the copying of functional/declaritive interface of things like Math.max(a, b), list.size(), etc. Merely entering or naming something isnt creative under copyright law. It protects creative expression. (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. 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.. It said you can copy declaring codes. Youre starting from the wrong point. (a) Interest, survivorship, possession, and time (b) Possession, deed, title, and time (c) Possession, interest, time, and title (d) Person, use, interest, and purpose, Under the law of descent and distribution, what percent of property passes to a surviving spouse if there are no lineal descendants? (c) A sales associate charges a fee to write a lease for a prospective tenant. The copyright is substantial. It made it free. 277 0 obj <> endobj What term refers to this right to regain ownership? Four partners purchase a property together, at the same time, and on the same deed, without the right of survivorship. There is no lack of copyright. NO price to pay of any kind for taking. 102 (a) The Probable Cause Panel is composed of three Florida Real Estate Commission members, no more than one of which may be a lay member. Yall are acting as if transformative is the only thing you need to show for fair use. 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. From the Breyer decision: Google copied approximately 11,500 lines of declaring code from the API, which amounts to virtually all the declaring code needed to call up hundreds of different tasks. 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. 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. 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. 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. Multiple Choice Like nonqualified stock options, the employee's income inclusion for restricted stock is the bargain element O There are no effective tax planning elections for restricted stock. Ms. Perkins, stop reading Prof. Mennell, EFF, etc. There are five amendments in the U.S. Constitution which protect voting rights: No, It was not. A Java API is a beast, which differs from a C API, as the link to the Oracle document indicates. (b) Provide a tax exemption to anyone living in Florida. (a) An assistant forgets to give a message to the broker, so the broker did not call the seller in a timely manner. (a) Nothing; the DBPR has no jurisdiction over unlicensed persons. As the Federal Circuit explained, and Justices Thomas and Alito agreed with in their dissent, the teaching of Harper & Row is that the single most important fair use factor is effect on the market for the copyrighted work. (b) The partners are not required to have real estate licenses, but the profits must be distributed equally amongst all four partners. If something like this happened with Disney being on the short end of the Supreme Court decision and compromising the value and copyrights held in Mickey Mouse, there would be a bill filed to overrule a renegade Supreme Court decision before the close of business. d. So we are done. Cash includes cash on hand (e.g., petty cash), demand deposits with financial institutions, money orders, certified checks and cashiers checks. Its like a lay person understanding that a persons brain is within its skull, and thinking that because they understand those two things that they then are qualified to perform brain surgery. (d) Bob may file a lis pendens against either Sam or Jerry for the commission due him. B) Sole proprietor is in full control. Please old wise one, identify the purpose in the statute that makes the hypothetical use not an infringement of copyright. Read again the case and then my posts. B. Identifying the contract with the customer is the first step of the revenue recognition model. . What is property called that was acquired by one spouse prior to the marriage?