Up until yesterday a software copyright protected only cut and paste copying. It was timed to scoop the Time article. I assert that there is no such alternate language. . A residential developer offers a contest whereby each individual who tours a model home receives a treasure box key. Android is extraordinarily commercial. If a security deposit is is held by a landlord, what is the landlord required to do? hbbd```b``+@$4d "&L{*,`9Lb`53l'9[H2Y~@R&F%`{"30` Wf; (c) The partnership must be registered with the Department of Business & Professional Regulation and at least one partner must be licensed as an active broker. . You also chose not to answer the question on patents, I did. All of the following are correct regarding the Americans With Disabilities Act (ADA), EXCEPT? How did I backpedal? They are hacks and I dont mean hackers, because many hackers are intelligent, though misguided. I do find it funny that you are both an intellectual property lawyer who doesnt understand what an API is (you have never actually articulated why a language can be copyrighted when precedent clearly says otherwise or why an API isnt sufficiently described as a language) and now a hard-core programmer who works close to the metal and lectures newer developers about real programming and back in the day., Real programmers do it right the first time.. (a) Nothing. GAAP does not require restricted cash to be presented separately on the balance sheet. Employees can claim dependents. 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. Great comments by others here, people that actually know something. One was that the declarations are methods of operation, which in my opinion is a poor argument. 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. What settlement (escape) procedure is being used to settle the dispute? created a risk of overbroad protection for computer software products. Hence the SCt delivers fair use (Google v. Oracle) and efficient infringement (Mayo/Alice). did not say that the declarations are protected by that copyright. What is the purpose of the Florida Homestead protection? This then also impacts your total reliance on the Merger Doctrine. 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.. The court rendered a single judgment against the licensee in the amount of $65,000. Breyer knew he was at the edge of a slippery slope and he could not cross, even though he really wanted to as he proved in Mayo, he hates IP rights and loves illegal monopolies. Images on IPWatchdog Primarily Provided by, Our website uses cookies to provide you with a better experience. They explicitly left it open. Why do you think that merger had nothing to do with this case? 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? Ah BP, coders have been provided gallons and gallons of Kool-Aid. (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. Some borrowing arrangements contain compensating balance requirements. An actual purchase and sale of a security through the auction process should be reflected as an investing activity in the statement of cash flows. (a) An officer (b) A stockholder (c) A director (d) An officer and a director. An instruction manual on how to play a game or operate a machine may be copyrightable, but not the underlying game or the interface of the machine. 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. The maturity is determined by reference to the stated term of the security or the timeframe for exercising any put features to the issuer, not by reference to the frequency with which liquidity may be available through an auction, a put feature to a third party, or otherwise. The parties agree to have a 3rd party hear both sides and make the final decision. Four individuals wish to form a real estate brokerage partnership. Some reporting entities include cash in transit from credit and debit payment processors in cash equivalents while others include these amounts in accounts receivable. You cant build software without using the headers which you naively claim Oracle has a copyright on. Certainly, identical copying and arguably more. 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. So, Google stood on the shoulders of Oracle for free. The Java API is meant to be used, otherwise it has zero value. Walk into any software company today and say that and you will be shoved out the door immediately. (d) Condominiums, cooperatives, and timeshare are all forms of ownership in a common building, and the sale of such units does not require any licensing in Florida. (a) Accused (b) Defendant (c) Complainant (d) Respondent. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. (b) Certain exemptions were upheld for racial discrimination. Reporting entities should consistently apply and disclose the treatment of such payments. (a) Nothing; the DBPR has no jurisdiction over unlicensed persons. Which statement is most correct concerning a property owned by a married couple as tenants by the entirety? An API in the C programming language is an abstraction that C programmers use to describe a set of source and header files (or functions and data structures). If a real estate licensee is involved in a personal real estate transaction, which of the following would be correct? Same idea. I = 0 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.. Is that good Steve? Most of the time, you will complete a Restricted Information Form to accompany another standard court form. Are you still working? Think of it this way, in 11500 lines of code, is there some scintilla of creative expression by a human or humans?. Doubt you even know who they are . A big question this raises is open source software. Which statement best applies? Read again the case and then my posts. endstream endobj 278 0 obj <. Which of the following statements best describes the Probable Cause Panel? (c) Only two partners must have a real estate license. (a) The tenant suffers from the landlord's failure to maintain the property. (a) Seek adjudication (b) Submit the matter to mediation (c) File exceptions (d) Request novation, How is the Real Estate Recovery Fund funded? Facts of a case are applied for the immediate case. A) There is one owner. That means the overwhelming weight of this ridiculous decision will be born by other creators. Of very particular note, the term transformative is not found in the statute (does this sound familiar to anybody?). (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? If the motor vehicle agency denies someone an occupational license, he may petition the county court for one. For the reasons that follow, merger easily disposes of Oracles copyright claim.. That is an excellent way to ship buggy and unworkable code. 102 (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. I have no idea what foundation you are standing on, it seems like one that has nothing to do with law. A taxpayer who receives a distribution from a retirement account before she is 55 years old is. 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. What the Federal Circuit said in effect was that any compatible library would be infringing on Oracles copyright, no matter how it was created. 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. Which penalty would apply to a licensee who is guilty of false advertising? And, it is well established that copyright can exist in the arrangement of non-copyrightable elements. Cash includes cash on hand (e.g., petty cash), demand deposits with financial institutions, money orders, certified checks and cashiers checks. Non-authoritative guidance included in section 1100.08 of the AICPA Technical Questions and Answers indicates that outstanding checks should be accounted for as a reduction of cash. It duplicated declarative headers which are necessary for software developers to use the API in the first place. The range of penalties that may be imposed on a licensee by the Commission for violation of law or rules includes which of the following? 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. Although it is restricted cash, it is part of the change in cash, cash equivalents, and restricted cash. You cant use any of it so why would they endorse a decision to change that? (b) Appear (c) File an appeal (d) Bring an attorney, Which activity would be classified as a first-degree misdemeanor under F.S. California can set its own standards limiting air pollution from motor vehicles, and other states can opt in to California's stricter standards - but only if the federal government issues a waiver to California. 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. (c) By forgetting to collect the deposit, the sales associate may cause harm to the seller, and could be charged with culpable negligence. Which is not a totally unreasonable point, but not a great one. Maybe instead look at the actual arguments I have provided. Genes article here (and the Absurdity of the Result) are at heart legal pieces. Rather, the larger grasp so absent from so many of hte tech ilk more (poorly) reflects what it takes to intelligently operate in a world of both law and tech. But maybe now you can just take any open source code you want and incorporate it into your commercial product? As Google admitted and the Supreme Court acknowledged, Google could have written original code to do what they wanted, but they felt that would have been a burden on programmers who would have had to learn the Google system. . You may be reading the words of the statute, but you clearly are not understanding the legal sense of those words. Ignore for the time being the actual declaration lines of code, ok? 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. In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. Am I really going to force programmers to learn 50 different words for adding to call that command? Thats still unreasonable, but not as unreasonable. Night Writer: The mountainside sloped gently where he lay; but below it was steep and he could see the dark of the oiled road winding through the pass. In particular, the CAFC decisions are not binding on any other circuit. (a) Exclusive Property (b) Separate Property (c) Joint Property (d) Protected Property. Except Oracle. 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. Do not operate on any more brains the patients you touch are piling up. For an example of how slight degradations to liquidity can impact the ability to classify an investment as a cash equivalent, seeFSP 6.5.2.2regarding an SEC rule that impacts the classification of certain money market funds as cash equivalents. 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. Which of the following statements regarding restricted stock is false? The ruling was somewhat more expansive than that, but not a lot more expansive. The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. (a) Trust (b) Joint venture (c) Limited partnership (d) Unincorporated association. Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? And that it would promote the arts and sciences by doing that? The respondents noted that restricted cash is fundamentally different from unrestricted cash and may not be available to satisfy general obligations. Youve probably never represented a client in a copyright case or won at the highest level in the copyright office. Most software is open source. How would a licensee attempt to compel testimony from a witness in a formal hearing? The seller is claiming breach of contract. The court found it transformative. Why? The billion $ judgments sparked heavy lobbying against independent inventors, startups, the USPTO, universities, you name it. Creative expression in designing an API? What Google might have done: made a set design parameters, use the same labels, pack a bunch of coders into a vault to produce 11,500 lines of code, and document everything. However, a Treasury note purchased three years ago does not become a cash equivalent when its remaining maturity is three months. There is no lack of copyright. That same industry is under the lens of regulators throughout the world. What was the significance of the 1968 Jones v. Mayer Supreme Court ruling? This is like claiming your patent on the printing press allows you to dictate the uses of paper. In practice, reporting entities sometimes place undue focus on the maturity characteristic (short-term), while overlooking the readily convertible characteristic (highly liquid). You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears. You now backpeddle from function and expression of function, but it is still your original statements that I was addressing.. Sadly, many are not and show more emotion than reason. (d) Provide protection from all specific liens that may be incurred by the homeowner. Once you have viewed this piece of content, to ensure you can access the content most relevant to you, please confirm your territory. Among these may be the relationship of the amount of the balances to total cash, total liquid assets and net working capital, and the impact of the balances on the effective cost of financing. In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. I was also very clear that THAT attempt was dropped along the way. (c) The sales associate should hold the check and give the check to her broker when it becomes valid. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. The Supreme Court declined to address the first question presented, but that doesnt nullify that it is an issue. This statement is problematic: No. C. A contract is an agreement between two parties that creates enforceable rights or performance obligations. Conversely, if the use is nonprofit (i.e., not making money), then the use is far more likely to be a fair use. Warning & Disclaimer: The pages, articles and comments on IPWatchdog.com do not constitute legal advice, nor do they create any attorney-client relationship. Because the licensee was unfamiliar with the Orlando market, while acting as a buyer the Miami licensee engaged the services of an Orlando broker. Argue specifics, not ad hominem, convince me that youre not the idiot in this conversation. Now, Breyer expands fair use to the benefit of defendants that copy (exact copies). Gee, maybe Trade Secrets and employment constraints are what the lemmings should be taught to embrace. As such, the license gets the same protection all property gets as guaranteed by the United States Constitution. A husband and wife purchase a home together, at the same time, on the same deed. Copyrights just dont protect computer code from actors like Google.. Which of the following statements regarding an ostensible partnership is correct? How should this arrangement be reflected in FSP Corps statement of cash flows? But if it did go the other way, and proprietary software did use an API created for an open source projects so what? The license can also restrict the person ' s use of alcohol and drugs and specify the routes or areas where he may travel. You qualify to make it onto the Supreme Court some day. (b) The investigator will make a recommendation as to the penalty that should be imposed against a licensee. That is an existing standard. (a) Property tax dollars (b) The Florida State Treasury (c) State intangible taxes (d) Fees and fines paid by real estate licensees, What must an unlicensed individual do when ordered to appear before the DBPR? Compensating balance arrangements that do not legally restrict the use of cash should be disclosed in the footnotes. the API) and the creation of new creative expression (the code independently written by Google).. Which statement is correct concerning the escrow deposit? *yawn* these are the kinds of arguments that you get from people who have clearly never coded in their entire life. Or should someone be able to re-implement those same routines, including naming them and using them the same way, so that my program can work using either library? (a) The defendant will be issued a subpoena. @BP Maybe Thomas saw the damage he inflicted with Alice?. (a) An attorney (b) The Division of Real Estate investigator (c) The Division of Real Estate prosecutors (d) The administrative law judge. No one in the tech industry actually thinks oracle ever should have won this case. }, There can be something inherently expressive about the name, loopntimes, but it exists so people can call it right? Many seem unable to even recognize that. Oracle can take this same fight up to Canada or down to Mexico and easily win, the U.S. skewed IP protections (like the need for registration before youre able to go to court) is not followed by all of the other major Berne member countries. Breyers judicial activism tunes the law to place promoting what he wants to promote over rights in the creations and inventions of ordinary individuals. The Supreme Court made much of the fact that Google wrote millions of lines of code originally. You are saying that knowledge is not relevant at all to deciding a major question that could upend the very industry in which programmers work?. If two humans given the same task of writing 11500 lines of code would independently do it differently, that may be a clue (right?).. Section 107: Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor. 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 SEP Couch with Tim Pohlman, PATENT PROSECUTION & Portfolio Management Masters June 2023, STANDARDS, PATENTS & COMPETITION Masters November 2023, TRADEMARKS & BRAND PROTECTION Masters December 2023, Patent Practice Training Course On Demand, Harper & Row, Publishers, Inc. v. Nation Enterprises, Clause 8: Tim Pohlmann on Founding IPlytics and Hosting The SEP Couch, New SEP Regulatory Framework and AI Copyright Legislation Advance in the European Union, Preventing an IP Infection: Clean Room Development Procedure, Other Barks & Bites for Friday, April 28: New R&D Center for Semiconductor Tech on the Horizon, European Commission Proposes New Patent Rules, and Ed Sheeran Appears in Court to Address Copyright Infringement Allegations, USTRs Special 301 Report Says Chinas Improvement on IP Has Slowed, House IP Subcommittee Suggests Vidal is Overstepping with Advance PTAB Proposals. They are a mandatory component of interoperability and they were made freely available. Who knows. Are you claiming that function is copyrightable? The part that is galling about the use of the term transformative is that the statute grants the copyright owner the right to control derivative works, which are not copies but extensions of the original, i.e., LITERALLY transformative of the underlying work! 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.. Given the lack of definitive guidance related to compensating balances and restricted cash, determining when compensating balances are restricted cash can be challenging. Which of the following is accurate regarding this scenario? This licensee is engaged in which illegal practice? Only a truly ignorant person would every say such ridiculous things. The Orlando broker neglected his duties, resulting in a financial loss to the Miami licensee. The names and the hierarchy are necessary parts of it. 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. However, Breyer would hold that to be a fair use of the copyright because it was the ONLY computer code that could function to grant authentication. 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. PwC. Audio is not supported in your browser. And as of 2015, Android sales had totaled $42 billion. Are you a fan of the control executives exercise over those at Google AI ethics (firing minority women)? 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. 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.

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