which of the statements regarding restricted licenses is incorrect?
I will have to read through the filings of this case. Now I know that you are not following what I have been saying. Texts warning of an expired driver's license are part of a phishing The oral arguments pointed to Breyer notching a win for Google, just like he did in Mayo. @6 Judith Perkins: Have you seen the damage inflicted by software patents?. 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. (c) Discrimination based on race was strictly prohibited, preventing exceptions of any kind. A sales contract contains a contingency which states "this contract is contingent upon the buyer receiving 80% financing with an interest rate not to exceed 6% and a 30 year term." 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, particularly as to nature of the work. Saying something else was copyrighted is a non sequitur.. I dont know why thats a difficult to understand, BP claims to be a lawyer, it should be self-evident that context matters. Google, through Android, provided a new collection of tasks operating in a distinct and different computing environment, Justice Breyer wrote for the majority, as he strained to find a difference without a distinction. Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? According to the dissent, in 2015 alone, the year before the fair use trial, Google earned $18 billion from Android. . (c) Pay interest at the rate of 5% per year, with disbursements at least once each year. Breyer is explicit, he places promote well above the exclusive right of authors and inventors. It is for your own use only - do not redistribute. (d) Office signs are permitted but not required by law. Bob is a licensed sales associate, employed by broker Jerry. Accordingly, an investment with a maturity of less than three months that is not readily convertible to known amounts of cash is not a cash equivalent. Read this case: Satava v. Lowry a thin copyright that protects against only virtually identical copying. Yes, distinctive curls of particular jellyfish tendrils are copyright registerable. 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. Unless otherwise decreed by a court, they now hold title as which of the following? Google did copy code, but they copied it from the Harmony project. That would be a different API, with different behavior, different function. Which of the following most accurately represents the license requirements of those selling cooperative units? Consistent with the views of most EITF members, we generally do not think that self-imposed designations should be presented as restricted cash unless an entity has an existing policy to do so. Even Oracle did not go that far. Four partners purchase a property together, at the same time, and on the same deed, without the right of survivorship. Free copying. (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? How many times do you want to ask a question that you refuse to accept and understand the answer to? What is the purpose of the FREC disciplinary guidelines? But given that the Scotus and the CAFC has no care about consistency or logic and just makes things up as they go, Id say they would hold for the open source license. And whatever kind of person you are, both are insufferable, and I have zero business carrying this conversation further. License to Copy: Your Software Code Isn't Safe After Really great comments. (a) A bank within the state of Florida (b) A stock brokerage firm (c) A broker's personal checking account (d) A safe located in a real estate office, What must a real estate sales associate do upon receiving an earnest money deposit? Click here to extend your session to continue reading our licensed content, if not, you will be automatically logged off. Which statement best applies? Shortly before the Time articles scheduled release, an unauthorized source provided The Nation Magazine with the unpublished Ford manuscript. 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. 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. Breyers a pragmatist, that is what he believes, and he wrote the opinion. (b) Broker Sam must sue broker Jerry for the commission due to Bob, since Bob is now employed by Sam. So we are done. Experts are tested by Chegg as specialists in their subject area. Consequently, they cannot be patented, cannot be copyrighted and Oracle attempting to do so is a misuse of IP law. Thanks Gene. It appears that no one in that ideology is capable of anything beyond surface thinking. (a) All partners must be licensed as active brokers. } The best place to start debugging is to check the floating license server debug.log file. Some what to immediately state the Courts reasoning only apply to the immediate facts of the particular case and that is just not so. Finally, isnt the purpose of copyright law to increase innovation? If you want to actually support the promotion of public works, then locking in public APIs would do the opposite of that as it would lock customers into an API and prevent anyone from competing. The Supreme Court made much of the fact that Google wrote millions of lines of code originally. This content is copyright protected. The term that I found interesting was transformative, which is something discussed both in the majority opinion and in the dissent, which the majority stating that the transformative role of Googles use was enough to overcome its commercial nature. Look at what those lines define: a set of names, in a hierarchy, for the programmer to use to carry out operations on data. I attacked your positions not you personally. This abstraction is what should be considered an uncopyrightable idea. Well, Ben Franklin has left the room, everything for the public good, as long as I have mine, then off to France. (b) Notify the tenant of the location of the funds within 20 days of receiving the funds. In determining whether compensating balance arrangements are sufficiently material to require segregation or disclosure, various factors should be considered. 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 I DO have issues with inappropriate changes as should everyone in a civilized society. The parties agree to have a 3rd party hear both sides and make the final decision. Mgmt 275 exam 2 Flashcards | Chegg.com following the class declaration (except that a and b could be different). Your comment speaks volumes about how little programmers know about what they are actually doing. You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears. Question FSP 6-3 addresses the presentation of a change in the classification of a money market fund. It has been around in some form, and not just for computer code, for 25 years at this point. 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. The statement if copyrightable at all is Breyers anti-intellectual property position. 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). If many banks are involved, the disclosure should summarize the most common arrangements and aggregate the compensating balances involved. This is every major market outside of the United States, 170+ countries. 6.5 Cash, cash equivalents, and restricted cash - PwC It made it free. As in Mayo, Breyer believes that IP rights should be determined by judges. 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. As to Why do you think that the only factor examined was whether it was transformative?, I never said that. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. If the reporting entity can access the cash without any legal or contractual consequence (i.e., there is no requirement that the specific cash be set aside for remittance), the cash is likely not legally restricted. At IPWatchdog.com our focus is on the business, policy and substance of patents and other forms of intellectual property. (c) The Broker may return the money provided there was a rescission period also documented in the Sales Contract. Some reporting entities have executed contractual agreements that link numerous bank accounts within the same bank, or a group of banks. 198 0 obj <>stream The beginning and ending balance of cash, cash equivalents, restricted cash, and restricted cash equivalentsand any other segregated cash and cash equivalentsshown on the statement of cash flows should agree to the total of similarly titled line items on the balance sheet. ",BXd%~{sErz-X{omfv+iUTW2=)2` B0DJ(?>]N (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. Items commonly considered cash equivalents include treasury bills, commercial paper, and money market funds. Why is the bank upset? It duplicated declarative headers which are necessary for software developers to use the API in the first place. (d) At least one partner must be licensed as an active broker and the others may be licensed as sales associates, or brokers. The US legal system is being degraded to erode IP to the benefit of special interests. They are not code, they do not perform any function. Congress never expressly said you cannot copyright a recipe,. If there are increased credit and liquidity concerns associated with the money market fund, especially if there is a significant decline in net asset value, a money market fund may no longer have the attributes to be considered a cash equivalent. Part of the launch and patch crowd, like those that infected Boeing and Tesla (yes, faulty sw that caused deaths, oh well were working on the patch). C. A contract is an agreement between two parties that creates enforceable rights or performance obligations. . Which is not a totally unreasonable point, but not a great one. (c) Every active broker must maintain a sign at each brokerage office or branch office. Copyrights just dont protect computer code from actors like Google.. To be considered "readily convertible to cash," an instrument must have both interchangeable units and quoted prices that are available in an active market. What Breyer has done is choose to answer the Fair Use prong by starting with copyright being present (as opposed to deliberating separately or in combination) on that point. Here, Googles copying of the Java code and use in the multi-billion-dollar Android platform has unequivocally destroyed Oracles ability to license. Restricted Information Form | Maryland Courts 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. Function in a computer program is behavior. You only have to go back up to my post at11:17 am today to find the (same) answer. Pennsylvania Suspended Driver's License & Reinstatement | DMV.ORG What if the copyright was only on the API? 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. @Steve, 60. Good day gentlemen. print(i) Which statement is correct regarding this situation? hbbd```b``"nH i;f`:{;dFb3E$kXf/3$%e,0D>"^Mc$g 30} 8JEg`b=` + 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). (a) An assistant forgets to give a message to the broker, so the broker did not call the seller in a timely manner. This question is for testing whether you are a human visitor and to prevent automated spam submission. (a) Mediation (b) Arbitration (c) Interpleader (d) Escrow Disbursement Order. Then ask, what does the copyright cover. (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. If you have a commercial driver's license (CDL), you must downgrade to a Class C noncommercial driver's license in order to get a restricted license. Your attempt to NOT associate the legal concepts of either Merger or Fair Use with the actual material at hand is what you need to focus on, and your insistence on not doing so simply stops you from understanding the legal issue here. Question FSP 6-2 addresses the presentation of changes in book overdrafts within the statement of cash flows. 297 0 obj <>/Filter/FlateDecode/ID[<9467F7AF201E6A4FAF4FAF6EDA4987F2>]/Index[277 30]/Info 276 0 R/Length 102/Prev 173549/Root 278 0 R/Size 307/Type/XRef/W[1 3 1]>>stream The definition presumes that all cash equivalents have two attributes: they must be (1) short-term and (2) highly liquid. Oracles argument was that the API had the same function in Googles code as it had in Oracles code, so that makes it not transformative. I am relating that to fair use by saying that the factors that support merger also support several of the factors in fair use. Like stock options, restricted stock has to vest before it can be sold. I have been careful to identify function as opposed to the expression of function. Creative expression can be found in the simplest things, describing boil, stiff peaks, carmelization, characteristics of an onion, . I suppose that the rewriting of laws has been going on at the Supreme Court probably since its existence. . An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. The seller is claiming breach of contract. These standards establish recognition criteria for nonexchange transactions reported on the accrual basis or the modified accrual basis of accounting. The ruling was somewhat more expansive than that, but not a lot more expansive. It was argued in their briefs, it was part of the oral arguments. NOTE: If you were convicted in court, you may also face additional court penalties, including fines and suspensions. We fight for IP rights every day against a tide driven by advertising giants that seek to weaken IP rights and destroy federal agencies and the legal system. Firstly, the Supreme Court left in place the status quo, so the sky is not falling. (a) Obtain approval from the seller and then turn the check over to the broker by close of business on the next business day. The articles published express the personal opinion and views of the author as of the time of publication and should not be attributed to the authors employer, clients or the sponsors of IPWatchdog.com. (a) Bob cannot bring a legal action for the claimed commission against anyone other than broker Jerry. In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. (a) Reversion estate (b) Right of succession (c) Receivership estate (d) Remainder estate, The owner of real property is considered to have the full bundle of legal rights which includes all of the following, EXCEPT: (a) The right of possession (b) The right of disposition (c) The right of control (d) The right of unlimited freedom to use the property in any manner. License Law Test Flashcards | Quizlet For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. Fair use preceded the statute, the court simply made it up, then it was codified. 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. As to copyright law, Anon has given adequate explanation for your benefit. - Under the United States Constitution, a person is presumed innocent until proven guilty and is entitled to due process. Were supposed to be a country of laws, which, as shown, is being hijacked by Silicon Valleys advertising/lobbying industry. 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? Which of the following best describes a tenancy at will? Steve, several items of terms of art that you are just not applying properly are Fair Use and the Merger Doctrine. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. A buyer drops off an escrow check on Tuesday. (a) Suspend the licensee's license for ten years (b) Issue a summary suspension (c) Issue a cease-and-desist order (d) Place the licensee on probation, What action may be taken if either the Florida Real Estate Commission or the licensee disagrees with a recommended order submitted by the administrative law judge? Same idea. There are five amendments in the U.S. Constitution which protect voting rights: Request for Driving Privileges. You qualify to make it onto the Supreme Court some day. Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. https://docs.oracle.com/javase/tutorial/java/IandI/createinterface.html. How could anyone believe reasonably that their property interests are safe or secured by gov ? Except for two things. Bryer wrote: As part of an interface, the copied lines are inherently bound together with uncopyrightable ideas (the overall organization of 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. Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it.. 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. This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. Because if the former is a copyright violation it is.basically literally impossible to code. It determines an employee's income tax withholding. It protects creative expression. What is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed real estate activity? If a real estate licensee is involved in a personal real estate transaction, which of the following would be correct? Federal Constitutional Voting Protections. Tutorial 7.docx - Tutorial 7 1) Which of the following statement 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. Copyright exists in creative expression fixed in a tangible medium. (d) A temporary shelter must always be registered as a branch office. I started programming in the 1970s, machine language, peek, poke, etc., and ended up at a supercomputer institute. (c) The sales associate should hold the check and give the check to her broker when it becomes valid. 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. Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? 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. The United States is currently in a war against patents and copyrights, not the rest of the world. endstream endobj startxref Thats nonsense. A big question this raises is open source software. And for all those who are convinced Ive never written code, wrong again! (c) Liens against one party only can result in the foreclosure of the property. From what was said earlier, I declare Math.add to tell the programmer, hey this adds. (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. (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. }. Under the Florida Residential Landlord and Tenant Act, a landlord is required to do all of the following, EXCEPT: (a) Bargain in good faith (b) Provide maintenance sufficient to comply with code (c) Notify tenants within 30 days of the manner in which security deposits and advance rents are being held (d) Deposit advance rent and security deposits in an interest-bearing account. Alice followed Mayo. He put that in because its what he believes. Which of the following statements best describes the Probable Cause Panel? Cash also includes other kinds of accounts that have the general characteristics of demand deposits in that the customer may deposit additional funds at any time and also effectively may withdraw funds at any time without prior notice or penalty. The Supreme Court did not say that the declarations are protected by that copyright. C) Business ends at the owner's death or loss of interest in the business. (b) A brokerage branch office may be closed and reopened at the same location during the same license period by requesting a reissue. . Notably, both refer to business in the making of money. The people shall have the right to fish upon and from the public lands of the State and in the waters thereof, excepting upon lands set aside for fish hatcheries, and no land owned by the State shall ever be sold or transferred without reserving in the people the absolute right to fish thereupon; and no law shall ever be passed making it . (c) The individual selling the unit must have a Florida real estate license as cooperatives are sold as a proprietary lease in Florida. 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.. A reporting entity should also consider the significance of its restricted cash balances and whether its definition should be disclosed as a significant accounting policy pursuant to, 6.5 Cash, cash equivalents, and restricted cash. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. Try again this is quite not correct at all. Hardly, youre drinking the Kool-aid, just what Google wants. (a) The individual must be licensed as a stock broker and a real estate broker to sell cooperative units. 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. Oracle has bigger and better global options of enforcement. They are a mandatory component of interoperability and they were made freely available. 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: (d) $10,000 fine and imprisonment for up to 10 years. (a) Consult with a real estate attorney who is experienced in handling escrow problems (b) Refer the parties to FREC (c) Notify the Florida Real Estate Commission in writing (d) Give the escrow money to the closing agent. Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? What settlement (escape) procedure is being used to settle the dispute? Heres what Breyer wrote: How would a licensee attempt to compel testimony from a witness in a formal hearing? (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. Compensating balance arrangements that do not legally restrict the use of cash should be disclosed in the footnotes. Do NOT confuse pragmatism with proper application of the law. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. You can set the default content filter to expand search across territories. 306 0 obj <>stream This is simply asinine and unrelated to the legal points present. Disrupt copyright based on ignorance and greed. 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. Most of my programming was for control systems, you know software that has to work. The Rule of Law is critical, and is so in part to safeguard against such things as tyranny of the majority. In a hyper-example, it would be extremely expedient and pragmatic to dispense with the criminal notion of innocent until proven guilty. While intellectual property law does not carry the same immediate impact of loss of personal freedom (up to and including loss of life), our country was founded on a triumvirate of critical freedoms that include property rights.