Sure, if in fact there was otherwise no infringement. What could go wrong with that? Now I know that you are not following what I have been saying. 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.. They also copied the methods of operation, and the system of methods and processes. An Item may well have multiple aspects that inure multiple different protections under multiple different intellectual property laws. Ignore for the time being the actual declaration lines of code, ok? The ones that never had to get it right on the first run, like back in the days when homework in computer sciences classes ran on mainframes as you carried around your shoe box of cards. 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. They have made many decisions with the explicit purpose of crushing open source coders! A dawn of a glorious age beckons, and there is only a few more steps towards that precipice. Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor., You clearly lack an ability to understand a legal discussion. Its still a two-way street, the open source project can provide that API as an alternative, and if the commercial project changes the API, the open source project is free to use their changes. . whether the new work merely supersede[s] the objects of the original creation or instead adds something new, with a further purpose or different character, altering the first with new expression, meaning, or message; it asks, in other words, whether and to what extent the new work is transformative. Although such transformative use is not absolutely necessary for a finding of fair use the goal of copyright, to promote science and the arts, is generally furthered by the creation of transformative works., This is another example where the Court ignores the plain text of the Patent/Copyright clause of the US Constitution, which states: To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. the API) and the creation of new creative expression (the code independently written by Google).. following the class declaration (except that a and b could be different). That is not to say that all comments with huge numbers coming from non-regular posters are worthless and such and can be summarily dismissed. Start there before you start thinking about copying actual lines of code. How is it not a question of merger? Steve with your Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. (c) The Commission will proceed with the hearing. Which statement best describes the office sign requirements for a brokerage office? (a) Florida Real Estate Commission (b) Department of Community Affairs (c) Division of Florida Condominiums, Timeshares and Mobile Homes (d) Department of Housing and Urban Development, Able, who holds title in fee simple, deeds land to Baker to enjoy until his death. Since youre not being specific in your argument, choosing simply to be insulting, I cant argue that point further. (b) Check with the broker to make sure the broker agrees with the payment. 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? At that time, the trustee will make distributions to FSP Corps general cash account for reimbursement of these incurred costs. (d) At least one officer must be an active broker. So you cant take open source code and add it to your commercial product and sell it. That is the merger argument which the Supreme Court declined to take up. Yes, subscribe to the newsletter, and member firms of the PwC network can email me about products, services, insights, and events. 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. FSP Corp issues debt in a $100 million bond offering, and, per the bond agreement, the proceeds are distributed to an escrow account that FSP Corp records as restricted cash. It was timed to scoop the Time article. Many people who are arrested and charged are either released without a trial or ultimately found to be "not guilty". Good day gentlemen. If you copy and transform then you are in the clear for the Courts (not my) provided reasoning of Fair Use. What is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed real estate activity? Similarly, compensating balances maintained by related parties for the reporting entitys benefit should be disclosed in the footnotes. Creating a C interface requires much deeper knowledge and training in software design. When asked about the size of a home, the sales associate quoted the home as containing 5,300 square feet of living area. You are already signed in on another browser or device. . Mennells position (as supported by Google) is quite clear and Breyer likes it. The immediate point here is that those license requirements have no enforcement force anymore. The respondents noted that restricted cash is fundamentally different from unrestricted cash and may not be available to satisfy general obligations. Really great comments. While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. (c) An ostensible partnership cannot be created by real estate brokers. To be considered "readily convertible to cash," an instrument must have both interchangeable units and quoted prices that are available in an active market. (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. Its also completely incompatible with almost everything. Steve, You are incorrect on pretty much every single statement related to law and this case. Baker's interest in the land is known as which of the following? And as of 2015, Android sales had totaled $42 billion. B) Like nonqualified stock options, the employee's income inclusion for restricted stock is the bargain element. Thats nonsense. At what point are you claiming they abandoned that argument? I am relating that to fair use by saying that the factors that support merger also support several of the factors in fair use. Maybe then you will appreciate the experience that people like Gene bring to IPWD. So, Google stood on the shoulders of Oracle for free. There is no thirst there, as the lemmings march up their hill. It is the very opposite of what one should do.. The answer is clearly yes, hence copyright exists. . It is for your own use only - do not redistribute. Which statement is correct regarding this situation? The best place to start debugging is to check the floating license server debug.log file. Talk to people that worked in industry to build real sw driven products that do real things. (a) Riparian (b) Littoral (c) Flowage (d) Aquifer, A potential purchaser of a new timeshare can cancel the contract without penalty within how many days? (a) The tenant suffers from the landlord's failure to maintain the property. Three individuals decide to open a real estate brokerage office. Whats that? (c) The lease instrument is valid. (a) The broker asks the Commission for an Escrow Disbursement Order (b) Mediation (c) Litigation (d) Arbitration. At the end of the lease, the landlord claims that the lighting is now a fixture and must be left as part of the real property. Some reporting entities include cash in transit from credit and debit payment processors in cash equivalents while others include these amounts in accounts receivable. E) Money must be raised by the sole proprietor. California has the most regulations, while New York has the most complex rules, according to a new report. (a) Destruction, use, and extinction (b) Destruction, use, and enjoyment (c) Use, expatriation, and enjoyment (d) Disposition, enjoyment, and exclusion, Which of the following are the tests used by courts to determine whether an item is real or personal property? (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? 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. Maybe instead look at the actual arguments I have provided. If a sales associate receives a post-dated check, which of the following is the most appropriate action? The work that is copyrighted is the source code, which the declarations at issue are part of. Steve, several items of terms of art that you are just not applying properly are Fair Use and the Merger Doctrine. 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. No. And it is even more asinine to say that an API is not code. I see many that declare wrong, with it evident that the speaker does not even grasp the legal points being discussed. If you copy the Java API abstraction (e.g. Separately, you continue to confuse what Fair Use entails. How many times do you want to ask a question that you refuse to accept and understand the answer to? It determines an employee's income tax withholding. Many are of the mob-mentality type that this is what we do, regardless of whether or not that doing is appropriate under the law. (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. The first was the required three readings of a bill prior to its floor vote. This is an example of which fraudulent activity? (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. After considering the four fair use factors listed in 17 USC 107, the Supreme Court found the use to not be a fair use, in large part because The Nation copied the heart of the story. (a) The investigator would attempt to obtain a summary suspension. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors.. No, It was not. The entity selling the securities is commonly referred to as the issuer . It will only embolden copyists, harm creators and disintegrate value. Of course, billion dollar judgements against infringers. It is not I that fits the assertions that you are trotting out. Read the briefs. (b) The lighting is a fixture and may not be removed by the tenant. This question is for testing whether you are a human visitor and to prevent automated spam submission. (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. 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 all the big tech companies want to give up copyrights for code? Function in a computer program is behavior. 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. zombies! NO price to pay of any kind for taking. (a) Nothing. Employees can specify additional amounts to be withheld each month. We ended up with the AIA and an unconstitutional hit panel handpicked by Googles former head of IP, where ethics mattered little and where panels were stacked to get the right outcome, i.e., invalid. (a) Seek adjudication (b) Submit the matter to mediation (c) File exceptions (d) Request novation, How is the Real Estate Recovery Fund funded? (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? Upon Baker's death, Charlie is to receive title to the land. In Java an API is program code and an interface is a reference type that is implemented with actual Java code. When auction rate securities are subject to an auction, resetting the interest rate on the securities is not considered equivalent to a sale and a purchase of such securities when reporting cash flows. A residential developer offers a contest whereby each individual who tours a model home receives a treasure box key. Who has the right to inspect a broker's escrow account records? Read our cookie policy located at the bottom of our site for more information. Some what to immediately state the Courts reasoning only apply to the immediate facts of the particular case and that is just not so. A husband and wife purchase a home together, at the same time, on the same deed. (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? Copyrights just dont protect computer code from actors like Google.. If you want to request that the judge reinstate your driving privileges before the suspension is up, know that each jurisdiction has its own procedures and you should follow them exactly. We use cookies to personalize content and to provide you with an improved user experience. Some counties offer a keepsake "marriage certificate" for an additional fee, but this certificate may be separate from the "marriage license" itself. 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). They want copyright infringement, then the work isnt transformative enough. Is that socialism, corporatism, fascism, communism? Unless, of course, that isnt actually what they are doing. That ought to be seen as absurd. If I recall correctly, that legal argument was not persuasive to the court (and not revisited in the appeals). If a hacker breaks in by reverse engineering my password, that hacker infringes Hemmingways copyright.. (d) The investigator offers his or her opinions based upon information obtained during the course of the investigation. That is what was locked up in those 11k+ lines of code. Which statement regarding the registration of real estate branch offices is true? Ignorants weigh in with uninformed drivel.. (a) $50,000 (b) $65,000 (c) $85,000 (d) $150,000. And so? (d) The tenant remained in possession after expiration of a lease. Then ask, what does the copyright cover., Certainly, identical copying and arguably more. (a) Calls may only be made between 9:00 a.m. and 8:00 p.m. (b) Calls may not be made when representing a buyer. (d) $10,000 fine and imprisonment for up to 10 years. Given the lack of definitive guidance related to compensating balances and restricted cash, determining when compensating balances are restricted cash can be challenging. 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) An officer (b) A stockholder (c) A director (d) An officer and a director. 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. The ENTIRE purpose of an API is to provide services which other software can use to build more complex functionality. Its like how they have read process out of section 101 of the Patent Act. If you use Hemmingways work FOR THAT PURPOSE, it is not a copyright violation. (d) Escrow money is always nonrefundable. (a) Sales associates are not permitted to own stock in the entity. 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. Thus, this activity does not represent proceeds from short-term borrowings as described in. Its interoperable because anyone can use it and attach it to anything. Your reading comprehension is being mired by the Desired End that you solely want to have. Breyers written garbage in Mayo took down patent rights and diminished investment in key medical research areas. Most of my programming was for control systems, you know software that has to work. (c) The investigator would issue a cease and desist order. Why? That is an existing standard. Even if someone copies Matlab declaring codes, implements it on their own, they probably cant recreate the matlab environment without violating something, because its completely proprietary. Judith, your statement is perfectly ignorant. How would a licensee attempt to compel testimony from a witness in a formal hearing? No, the prior period should not be reclassified. (c) Provide protection from any and all debts that may be incurred against the homeowner. If the API is a system or method of operation, then you need to show that there are other declarations you can write in Java that express that same uncopyrightable API. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. Should those names, or the set of functions that the names invoke, be protected by copyright? All rights reserved. We believe it would be appropriate for a reporting entitys investment in a fund to be classified as a cash equivalent if all of the following attributes are present: In July 2014, the SEC issued a final rule that mandates the use of a floating net asset value (NAV) for institutional prime money market funds. That same industry is under the lens of regulators throughout the world. You dont appear to understand what Merger Doctrine is, what the Java API is (as distinct from the expression of that API), how 102 works, nor any of the applicable precedent. (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. Clearly Breyer hates IP rights. 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 Period. Hop on your Google bus and head to HQ, free coffee along the way . What the Supreme Court did was rule only on Fair Use. Cash that cannot be withdrawn due to compensating balance arrangements should be classified as a noncurrent asset if it relates to the noncurrent portion of the debt that causes its restriction. (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. You cant use any of it so why would they endorse a decision to change that? (d) Calls are not permitted when attempting to obtain a listing. 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. This term is also used when referring to a "declaration of informal marriage," which is the document that . 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. And, it is well established that copyright can exist in the arrangement of non-copyrightable elements. Why is the bank upset? 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. Like stock options, restricted stock has to vest before it can be sold. I started programming in the 1970s, machine language, peek, poke, etc., and ended up at a supercomputer institute. Try again this is quite not correct at all. Thats still unreasonable, but not as unreasonable. You are arguing a point Oracle conceded and then claiming it is the end of the world that they didnt adopt it. I was also very clear that THAT attempt was dropped along the way. It said you can copy declaring codes. (b) This promotional program is permissible since no purchase was required. You now backpeddle from function and expression of function, but it is still your original statements that I was addressing. Bank overdrafts occur when a bank honors disbursements in excess of funds on deposit in a reporting entity's account. This then also impacts your total reliance on the Merger Doctrine. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. 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? 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.

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