Accordingly, bank overdrafts represent short-term loans from the bank and should be classified as debt on the balance sheet and financing cash flows in the statement of cash flows, as discussed in the non-authoritative guidance included in section 1300.15 of the AICPA Technical Questions and Answers. And it is even more asinine to say that an API is not code. 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? Youre probably just another SV diaper baby. Do you get it now? It was timed to scoop the Time article. As for fair use, you can do a fair use analysis without determining if what was copied is otherwise infringing. I think under this decision that someone can just get your documentation and copy your system by sending out work based on your APIs. Your go-to resource for timely and relevant accounting, auditing, reporting and business insights. . (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? Audio is not supported in your browser. Picasso? Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. Here, Souter wrote: (c) The sales associate should hold the check and give the check to her broker when it becomes valid. (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. (a) The broker asks the Commission for an Escrow Disbursement Order (b) Mediation (c) Litigation (d) Arbitration. This case is controlled by the merger doctrine, which holds that copyright protection does not apply when there are only a few ways to express or embody a particular function., Alternatively, the Court can decide the case more narrowly by applying the merger doctrine. A licensee from Miami decided to purchase a home in Orlando. You truly are the last bulwark before the collapse of the IP system in the USA. Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. Disrupt copyright based on ignorance and greed. Under 17 USC 107, the law sets forth four factors that SHALL be used [i]n determining whether the use made of a work in any particular case is a fair use. The first of those factors listed is: You might not like that. (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? 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). Brokers Licensing Course Flashcards (a) The broker associate may be a member of the partnership. 6.5 Cash, cash equivalents, and restricted cash - PwC (a) Life Tenancy (b) Joint Tenancy (c) Tenancy by the Entireties (d) Tenancy in Common. Really great comments. @6 Judith Perkins: Have you seen the damage inflicted by software patents?. When you start with actually support the promotion of public works in a forum designed to promote innovation with Quid pro quo of private property rights, you should recognize that you are already in the weeds. The API is what is expressed by the computer program. 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. The counter-argument is also the same that the business model is not copyrightable. You know nothing of what is creative expression. You are aware that is exactly backwards right? Had the API been the focus of the copyright, Googles implementing code in the Java Virtual Machine (JVM) would have been irrelevant. Reporting entities are required to disclose (1) the nature of restrictions on cash balances and (2) how the statement of cash flows reconciles to the balance sheet when the balance sheet includes more than one line item of cash, cash equivalents, and restricted cash. You cant copyright a programming language. Which requirement is correct? E) Money must be raised by the sole proprietor. And whatever kind of person you are, both are insufferable, and I have zero business carrying this conversation further. Creating a C interface requires much deeper knowledge and training in software design. Mgmt 275 exam 2 Flashcards | Chegg.com If a real estate licensee is involved in a personal real estate transaction, which of the following would be correct? (c) Only two partners must have a real estate license. Once you have viewed this piece of content, to ensure you can access the content most relevant to you, please confirm your territory. Were supposed to be a country of laws, which, as shown, is being hijacked by Silicon Valleys advertising/lobbying industry. 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. Now, Breyer expands fair use to the benefit of defendants that copy (exact copies). (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? If a hacker breaks in by reverse engineering my password, that hacker infringes Hemmingways copyright.. Regulation D includes three SEC rules Rules 504, 505 and 506 that issuers often rely on to sell securities in unregistered offerings. Dont know the last time you spoke face-to-face with Nimmer or Donaldson? Article I Declaration of Rights - Section 25 SEC. There is only one other constitutional provision that can be waived by a vote. And by the way, THIS Court decision is what is going to upend your world. (a) Placing false or misleading advertising (b) Violation of rental information rules (c) Submitting false information in an application (d) An unlicensed person operating as a broker. (a) Items which are attached to a building (b) Air, water, surface, and sub-surface rights (c) Surface, sub-surface, and air rights, along with anything that is permanently attached to the property (d) Items which are attached to the property for the purposes of conducting a specific business, Four friends own a parcel of vacant land with equal rights of use and possession. (d) The Probable Cause Panel has 30 days from receipt of a complete report to recommend dismissal or issuance of a formal complaint. Copyrighted works still under protection are by definition not public. It determines an employee's income tax withholding. 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. 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. 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. However, a "marriage license" is the legal document used to provide proof of the marriage. This holding manages to be more moronic than the case that gave the little old ladies house away to the golf country club. (a) 10 (b) 20 (c) 30 (d) 40. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. (c) By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. 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. 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. (d) The developer must escrow the value of the most expensive model prior to offering the contest to the public. Google won with a Screw you, we are just going to take and not license approach. Also, saying that 10,000 lines of code are insignificant because there are 1.5 million lines of code is absurd and offensive. 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. The sales associate neglected to collect the deposit on time. Your comment shows the type of lazy understanding of the facts and law that your name prepares us for in your analysis, if you can call it that. Instead, they should be accounted for as investments in accordance with. The first was the required three readings of a bill prior to its floor vote. (c) The investigator would issue a cease and desist order. Congress never expressly said you cannot copyright a recipe, yet, you cant. There is zero information content in your response. Doubt you even know who they are . The Harmony project developed their code based on the specifications, not by copying any code. You might be able to trademark a name, but copyright it? Try again this is quite not correct at all. 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. Your foundation of the Merger Doctrine is just not there. Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. Google did not COPY any code whatsoever. How does being able to copyright declaration code how does that encourage innovation? (And lets note for arguments sake that the Supreme Court opened the door to all code with their all software is functional statements). (a) Reversion estate (b) Remainder estate (c) Estate for years (d) Joint estate, What rights allow a property owner to have reasonable use of water flowing over or through his or her land? Breyer is misguided (fortunately he could not get a majority on that position). I can make the point in another way. 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). Oracle has no interest protected by copyright in the declarations of the Java SE libraries. The immediate point here is that those license requirements have no enforcement force anymore. Four individuals wish to form a real estate brokerage partnership. (a) If the value of the lighting is less than $250 it should stay, but if it is more than $250 the tenant has the right to remove it. All of the following are correct regarding the Americans With Disabilities Act (ADA), EXCEPT? And, it is well established that copyright can exist in the arrangement of non-copyrightable elements. This is what the Court itself wrote: 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. 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. Yes, YOU own your faulty positions, so my reply necessarily referred to you in that capacity, but the arguments themselves were not you are an idiot. Rather, they do provide specifics such as the terms YOU are using are legal terms of art. Is using it now a copyright violation? That response does not convey any information on what you think the copyrighted work is, or why you think that the source code of the Java API libraries is not the work in question. If I recall correctly, the Merger Doctrine was raised earlier in the proceedings and found to not apply. This content is copyright protected. A big question this raises is open source software. Oracle could have tried better to make that distinction. %PDF-1.6 % [s]cantiness may exist because the work is composed of elements in the public domain, and it is only the organization of those elements that is protectable. That ought to be seen as absurd. 35 USC 101 is now the gateway test, for a judge to decide what he or she believes is abstract (with little scientific basis/evidence/knowledge). Ms. Perkins, stop reading Prof. Mennell, EFF, etc. What could go wrong with that? They are actually purely decorative if you reverse engineer the system you can fill in the parameters and make the call without ever seeing the API definition, and things will still work. It should have, but it didn't. Image Source: Deposit Photos What Google did was copyright infringement up until yesterday because they literally copied. (c) Provide protection from any and all debts that may be incurred against the homeowner. Solved Which of the following statements regarding | Chegg.com It is not I that fits the assertions that you are trotting out. 0 (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. 25. Each member firm is a separate legal entity. The larger point under the legal reasoning is that by stating that all software is functional, and that the reason why Fait Use was obtained was a reliance on transformative (to the rather large scale detriment of the actual Four Factors of the analysis), is that the SAME TYPE of analysis for the extremely wide notion of transformative is what will control going forward across ALL types of software functionality (and NOT limited to the facts of THIS case and ANY distinction between a functionality of declare or implement.. Solved Which of the following statements is true regarding - Chegg In reviewing that decision, we assume, for arguments sake, that the material was copyrightable., A holding for Google on either question presented would dispense with Oracles copyright claims. But maybe now you can just take any open source code you want and incorporate it into your commercial product? Which of the following statements regarding restricted stock is false? The buyer applied for financing and was turned down by three different lenders, resulting in his/her inability to close on the transaction. 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. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors.. Which statement is most correct concerning a property owned by a married couple as tenants by the entirety? Please seewww.pwc.com/structurefor further details. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding. History is an amazing thing but diaper boy believes he has no need for history, heck, hes living in the tech age. An API is not the same as the code that implements it, any more than an algorithm is code. (a) A lease which can be terminated at the will of the landlord or tenant by giving legal notice (b) Any lease for less than a year (c) A written lease which provides a definite beginning and ending date (d) Any tenancy created by a written lease, What is the elective share right in Florida? While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. Oracle never seriously contested this, their point was that if someone created their own loopntimes: loopntimes(n) { I assert that there is no such alternate language. 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. I attacked your positions not you personally. . 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. People encourage it. It i asinine to say that Google did not copy any code. (d) A sales associate in a No Brokerage Relationship does not present a verbal offer. Promotion of public works, where you start, is a total misfire. 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. The statement if copyrightable at all is Breyers anti-intellectual property position. Please read again what the Court (and again, not me) actually stated. 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. In reality the home was only 4,300 square feet. So we are done. What if the copyright was only on the API? 61J2, what would be the likely result? (a) Obtain approval from the seller and then turn the check over to the broker by close of business on the next business day. NOW consider the declarations. (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? Breyers judicial activism tunes the law to place promoting what he wants to promote over rights in the creations and inventions of ordinary individuals. Which of the following statements is correct? I am saying that merger does apply to the declarations, because the API they express is an uncopyrightable idea under 102(b) and there is no other Java code that will express that same function. How should this arrangement be reflected in FSP Corps statement of cash flows? Thus, this activity does not represent proceeds from short-term borrowings as described in. 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. Which is not a totally unreasonable point, but not a great one. 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). Zombies marching toward the cliff. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. Oracles claim is utterly meritless and ludicrous.