Which of the following is an approved depository for earnest money? (d) The tenant remained in possession after expiration of a lease. The court did not say you can copy everything. Please read again what the Court (and again, not me) actually stated. Like so many who have tried and failed before you to convolute software and math, protecting a copyright in software (or even a patent for that matter in a software system or product) is not tantamount to granting exclusive protections on a mathematical equation. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors. Is SCOTUS telling us that a prolific writer is much less protected by copyright than a writer, who only writes infrequently? Fair Use simply does not apply in any instance in which you lack a copyright. That that is not ok. Please see www.pwc.com/structure for further details. Which statement best describes the office sign requirements for a brokerage office? The immediate point here is that those license requirements have no enforcement force anymore. . Financial statement presentation. The work that is copyrighted is the source code, which the declarations at issue are part of. It has been around in some form, and not just for computer code, for 25 years at this point. When a company is not in compliance with a compensating balance requirement, that fact generally should be disclosed along with stated or possible sanctions whenever such possible sanctions may be immediate (not vague or unpredictable) and material. Real programmers do it right the first time. (d) A sales associate in a No Brokerage Relationship does not present a verbal offer. What will the sales associate likely be charged with? Section 107: Notably, both refer to business in the making of money. (c) Turn the check over to the broker by close of business the next business day. I will have to read through the filings of this case. Diapers for you. For example, a bank's granting of a loan by crediting the proceeds to a customer's demand deposit account is a cash payment by the bank and a cash receipt of the customer when the entry is made. There is only one other constitutional provision that can be waived by a vote. Again this is a non sequitur. 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. Breyers written garbage in Mayo took down patent rights and diminished investment in key medical research areas. The Court explained: Because Google wanted millions of programmers, familiar with Java, to be able easily to work with its new Android platform, it also copied roughly 11,500 lines of code from the Java SE program.. Are you a fan of the control executives exercise over those at Google AI ethics (firing minority women)? Given the substantial thickness of the copyright, well beyond the standard articulated in Feist, the SCt handed Google a win in Fair Use because there was no possible way it could decide that a copyright did not exist. (a) The defendant will be issued a subpoena. Of very particular note, the term transformative is not found in the statute (does this sound familiar to anybody?). 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). Oracle could have tried better to make that distinction. Chapter 5-8 Day 2 Flashcards | Chegg.com Naysaying is not debating. @6 Judith Perkins: Have you seen the damage inflicted by software patents?. That path provides that item is NOT copyrightable in the first instance, and Fair Use would not even be reached. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. This abstraction is what should be considered an uncopyrightable idea. Sorry, you dont understand copyright. Steve with your Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. 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.. An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. Ms. Perkins, stop reading Prof. Mennell, EFF, etc. (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 certainly is not what the founders were thinking when drafting the Constitution. Gee, maybe Trade Secrets and employment constraints are what the lemmings should be taught to embrace. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. Breyer, an enemy of IP, hints at it time and time again, even saying copyright is to promote advancement and not to promote financial gain (but why is that then important in fair use analysis?). As open source code is not likely to be merely taken and used as is, most all takings may easily be deemed transformative under the reasoning available in the Supreme Court case. Bob decides to sue for his lost commission. Petitioners then brought suit in Federal District Court against respondent publishers of The Nation, alleging, inter alia, violations of the Copyright Act (Act). They are a mandatory component of interoperability and they were made freely available. Who has the right to inspect a broker's escrow account records? (d) The investigator offers his or her opinions based upon information obtained during the course of the investigation. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. If one has not entered into a contract with an open source provider, then what are open source providers left with as an avenue of enforcement? If you have a CDL and you were not operating a commercial vehicle at the time of the offense and you pay a $125 reissue fee after a mandatory 30-day suspension, you may request a restricted . I am a former software engineer that designed a couple of substantial systems. "Whether Google's declarations are infringing is a question of merger . Which statement best describes a tenancy at sufferance? Example FSP 6-2 illustrates how a reporting entity should reflect the proceeds of a debt offering held in escrow by a bank in the statement of cash flows. Your foundation of the Merger Doctrine is just not there. O A taxpayer who retires at age 73 in 2020 must pay a required minimum distribution penalty if she does not receive a distribution in 2020. You should note that my argument was not an ad hominem argument. (d) The Department of Business and Professional Regulation will send investigators to arrest the licensee. They would not write the declarations differently. Copyright exists well beyond scantiness in those 11500 lines of code. (d) The lighting is a trade fixture and may be removed by the tenant. Congress never expressly said you cannot copyright a recipe,. After doing a little bit of research, it appears that this transformative factor was added by the Supreme Court back in Campbell V. Acuff-Rose Music. You cant just copy code. 475? If you look closely at the decision, youll see the bones of a merger argument in there, with the API an uncopyrightable idea, and the declarations being necessary to express that idea. Article I Declaration of Rights - Section 25 SEC. People encourage it. Baker's interest in the land is known as which of the following? 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. None of that function, none of that behavior, is within the scope of the copyright on the source code. Ignoring IP rights is OK if youre Google. No patents copyright will do. Copying loopnfimes simply says to a programmer you will be calling this functionality, it doesn't copy the expressiveness of the code. Copyrights in software are now useless. Separate yourself from being a coder and you may see the faults. That is what was locked up in those 11k+ lines of code. 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. It should have, but it didn't. You now backpeddle from function and expression of function, but it is still your original statements that I was addressing.. Upon the termination of a life estate, the estate may go back to the original grantor. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. 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. Not pertinent here. This isnt like Alice, where there are a lot of programmers who are upset with inabilities to patent almost everyone thinks this is a bad idea. If a compensating balance arrangement legally restricts the use of cash, such amounts should be considered restricted cash. The names and the hierarchy are necessary parts of it. Many seem unable to even recognize that. (a) Fee simple estate (b) Life estate (c) Remainder estate (d) Estate for years, Able, who holds title in fee simple, deeds land to Baker to enjoy until his death. (c) A sales associate charges a fee to write a lease for a prospective tenant. (b) Notify the tenant of the location of the funds within 20 days of receiving the funds. (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? Steve: They would not write the declarations differently. There is a confusion in the discourse over Google v. Oracle. The beginning and ending balance of cash, cash equivalents, restricted cash, and restricted cash equivalents and any other segregated cash and cash equivalents shown on the statement of cash flows should agree to the total of similarly titled line items on the balance sheet. This question is for testing whether you are a human visitor and to prevent automated spam submission. Free copying. What the Federal Circuit said in effect was that any compatible library would be infringing on Oracles copyright, no matter how it was created. 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? The EITF considered concerns raised by some comment letter respondents that including restricted and unrestricted cash balances together in the statement of cash flows could mislead financial statement users about how much cash is available for an entitys operations.
