Perhaps you are reading an entirely different case. Yall are acting as if transformative is the only thing you need to show for fair use. It should show more details of why the server is not started or cannot be run. That was accepted as true by the Supreme Court. (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. I suggest that you read the actual decision here. Start there before you start thinking about copying actual lines of code. 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. You are aware that is exactly backwards right? If a similar case comes up in the Ninth Circuit, I have little doubt that they will find that such an interface is barred from copyright by 102(b), and that if (as in Java) some of the literal text is required to be the same in order to provide the same interface function, then the use of that literal text will not be infringing. But, for now, that doesnt matter. This is a win not only for Google but for every small developer who would be crushed by Oracles extreme misuse of the IP system. 475. An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. There is only one other constitutional provision that can be waived by a vote. . (a) The investigator can issue subpoenas and final orders. A sales contract specifies that the buyer will pay a secondary deposit by March 15th. Please see www.pwc.com/structure for further details. What justification does the court have and say, no wait, this isnt fair use, but this is, and the jury was wrong? A time for every purpose: too funny, you just dont get it, Im really getting a good laugh. (d) At least one officer must be an active broker. A "probationary license" granting restricted driving privileges can be issued for some offenses. For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. ASC 230-10-20limits a cash equivalents maturity (to the reporting entity holding the investment) to three months. (c) The Commission will proceed with the hearing. Regulation D includes three SEC rules Rules 504, 505 and 506 that issuers often rely on to sell securities in unregistered offerings. As open source code is not likely to be merely taken and used as is, most all takings may easily be deemed transformative under the reasoning available in the Supreme Court case. And print it. 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. The SEC noted that under normal circumstances, qualifying money market funds with floating NAVs will continue to be reported as cash equivalents. A property owner is registered on both the state and federal "do not call" lists. There is no thirst there, as the lemmings march up their hill. There is no lack of copyright. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding.. Not pertinent here. There are simply far too many people who have no clue of law, and merely think that their level of technical understanding compensates and allows them to speak on something that they just do not understand. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. I am a former software engineer that designed a couple of substantial systems. Real programmers do it right the first time. Like stock options, restricted stock has to vest before it can be sold. If you change those, it becomes a different API, with different behavior. The expression can be protected, the function can not be protected by copyright (though it may be protectable by patent)., You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears.. Ignorants weigh in with uninformed drivel.. April 6, 2021, 07:15 AM I am not certain how the Open Source community comes out ahead in the long run. (a) Return the deposit to the buyer or seller based on which party asks for it first (b) Withdraw the amount of the commission from the escrow account (c) Retain the exact amount of the disputed commission in the escrow account until the dispute is settled (d) Distribute the escrow funds according to the directions of the company attorney, A prospective tenant pays a licensee for a rental information list. For 101 purposes if something is transformative or transforms then it surely must be eligible. 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. For example, multinational entities that maintain cash balances in numerous consolidated subsidiaries, in multiple currencies, in multiple countries sometimes enter into notional pooling arrangements to facilitate their worldwide treasury activities. You only have to go back up to my post at11:17 am today to find the (same) answer. (b) An ostensible partnership is not a true partnership. Both characteristics included in the definition of cash equivalents must be met for an investment to be considered a cash equivalent. Which of the following is accurate regarding this scenario? Google won with a Screw you, we are just going to take and not license approach. The Court was explicit that they were taking the item at point to BE copyrighted in order to move to a Fair Use analysis. A dawn of a glorious age beckons, and there is only a few more steps towards that precipice. So near their maturity that they present insignificant risk of changes in value because of changes in interest rates. Saying something else was copyrighted is a non sequitur.. Does copyright protect idea or function? Fewer investments and advances in medical imaging? ), and all the big tech companies want to give up copyrights for code? (b) After winning a court judgment, the Miami licensee may file a claim against the Florida Real Estate Recovery Fund since he/she was acting as a buyer, not as a licensee when the damage was incurred. I think under this decision that someone can just get your documentation and copy your system by sending out work based on your APIs. (d) The broker associate may not provide real estate brokerage services to others. (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. (a) Tables and chairs are provided for sales associates and customers (b) The location is used as a shelter to get out of the sun or rain (c) Literature which contains the broker's office address is handed out (d) Sales associates are permanently assigned to the location. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. Certainly, identical copying and arguably more. Images on IPWatchdog Primarily Provided by, Our website uses cookies to provide you with a better experience. Whether Googles declarations are infringing is a question of merger. Thus, this activity does not represent proceeds from short-term borrowings as described in. c. Most business licenses and permits can wait until after a business is launched to be obtained. (c) The individual selling the unit must have a Florida real estate license as cooperatives are sold as a proprietary lease in Florida. . 146 0 obj <>/Encrypt 113 0 R/Filter/FlateDecode/ID[<7864FB1942139448B066050424C7B205>]/Index[112 87]/Info 111 0 R/Length 132/Prev 410620/Root 114 0 R/Size 199/Type/XRef/W[1 3 1]>>stream 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. (c) By using a lottery to promote sales, the developer is guilty of fraud. Really great comments. 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. (d) Calls are not permitted when attempting to obtain a listing. Unlike a bank overdraft, there is no cash flow impact from a book overdraft. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. 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.. Why do you think code that performs the same function should weigh against fair use, when that function shouldnt be protected by copyright? That doesnt mean they couldnt do a Fair Use analysis of the statutory factors. 475? How would a licensee attempt to compel testimony from a witness in a formal hearing? How else, other than merger, would Googles declarations be found to not infringe on the nearly identical declarations in Oracles code? Which penalty would apply to a licensee who is guilty of false advertising? Wouldnt that threaten innovation through use of the platform? The point about source code is that you inserted that item in a response to me and it absolutely misses the point that Fair Use requires the item to which such use is being judged fair or not to be copyrighted. by writing Java code while looking at an English description of the Java API specifications), you will most likely create new code that carries out the actual tasks, since there are usually many ways to perform most functions. Is that good Steve? Anon: The immediate point here is that those license requirements have no enforcement force anymore.. Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. You come close on the recipe, but you are still missing the point. If Java held copyright that extended to the mere usage of loopntimes that would defeat the whole point of having an API in the first place right? 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. d. Could you imagine copyrighting a function like Math.add(a, b)? That doesnt mean they rejected the merger argument, they simply said they didnt need to consider it. Your foundation of the Merger Doctrine is just not there. You also chose not to answer the question on patents, I did. } (c) Discrimination based on race was strictly prohibited, preventing exceptions of any kind. 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. So instead of writing their own independent and original code (which could have been done) they cut and paste the Oracle code to save themselves time and money. How could that part of the case not be identifying the API as any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work, and then determining if the declarations (the expression which embodies the API) merge with that idea? Most patent attorneys in this space ALSO know how code works and they have the benefit of knowing how law works. What is the charge for anyone found guilty of using false or misleading advertising? Similarly, compensating balances maintained by related parties for the reporting entitys benefit should be disclosed in the footnotes. To avoid any trouble with Commission, the broker must deposit the check by close of business on which day? No, It was not. 11500 lines of code written by a human has creative expression, theres is absolutely no argument as to that point. How is it not a question of merger? Which of the following statements best describes the Probable Cause Panel? Although they each enjoy 25% interests, they acquired their interests at different times. The active market must be able to handle a reporting entity's conversion of an instrument to cash quickly and without significantly affecting the quoted price. There are now no limits to the copying Google and others similarly situated can do. My point was that assuming they were wrong, that the Sun Java API is in fact a system or method of operation, and that the declarations merge with that API, that would favor Fair Use, even though they were required to assume that merger did not apply and the declarations are protected by copyright. No copyrights, all software is functional, and Fair Use sets you free (and soooooo transformative. Maybe patents will do. Breyer needs to step down. (d) $10,000 fine and imprisonment for up to 10 years. 306 0 obj <>stream @Steve, 60. A) There is one owner. Some reporting entities have executed contractual agreements that link numerous bank accounts within the same bank, or a group of banks. 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. . Even Oracle did not go that far. Notably, both refer to business in the making of money. Those 11,500 lines, however, are only 0.4 percent of the entire API at issue, which consists of 2.86 million total lines. Read more. Its not about 11500 lines of code, its about what those lines do. 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. The declarations at issue are code (which has no legal significance), and are part of a copyrighted computer program. Except in the case of merger, or when the expression has no creativity beyond the uncopyrightable idea it expresses. Which of the following best describes a DBPR investigator's roles and responsibilities? 61J2, what would be the likely result? Some even show a complete disregard for the essence of a legal view. That is an existing standard. I have no idea what foundation you are standing on, it seems like one that has nothing to do with law. In Java an API is program code and an interface is a reference type that is implemented with actual Java code. Its like how they have read process out of section 101 of the Patent Act. Unless otherwise decreed by a court, they now hold title as which of the following? What term refers to this right to regain ownership? When a company is not in compliance with a compensating balance requirement, that fact generally should be disclosed along with stated or possible sanctions whenever such possible sanctions may be immediate (not vague or unpredictable) and material. (a) Corporation Sole (b) General Partnership (c) Ostensible Partnership (d) Joint Venture, There is a dispute over an escrow deposit. (a) This practice is a violation of F.S. Why do you think that merger had nothing to do with this case? Is SCOTUS telling us that a prolific writer is much less protected by copyright than a writer, who only writes infrequently? Google did not COPY any code whatsoever. (d) At least one partner must be licensed as an active broker and the others may be licensed as sales associates, or brokers. What could go wrong with that? A business legally formed and registered as Rich Real Estate, Inc. is considered to be what type of organization? Please inform yourself in the future before you make such idiot commentary. 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. This table lists license restrictions and how they affect . Rather, the court has always balanced congresses right to copyright things with freedom of speech and precedent arguments. 2003-2023 Chegg Inc. All rights reserved. F3 Uranium Provides Update Regarding Private Placements (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? Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor. Which of the following statements is correct regarding a licensed broker associate who is with a real estate brokerage partnership? Whether Googles declarations are infringing is a question of merger. no one said anything about source code leastwise me.. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. Which statement best applies? The system is the relationships between the different classes, also with its own function. I ++ Copyright is about copying. There are five amendments in the U.S. Constitution which protect voting rights: For a quick example, many are OVER-focusing on the functional difference between functionality of declaring and implementing, but this misses the larger point given by the Court in its statement (so I am only supplying the message) that ALL software is functional. (c) If a sales associate wishes to be an officer or director, his or her license must be placed on inactive status. (a) The sales associate should immediately give the check to her employing broker. As a result of the publication of The Nations article, Time canceled its article and refused to pay the remaining $12,500 to petitioners. Bank overdrafts occur when a bank honors disbursements in excess of funds on deposit in a reporting entity's account. urC.iKb8:Hqggg+VTU9f-JQwXr9@&%yNDp$! (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. Almost every waiver request has been granted, based on a legal standard that requires EPA to approve these waivers where there are . Accordingly, the bank accounts of certain subsidiaries in the notional pooling arrangement are allowed to be in an overdraft position if the bank accounts of other subsidiaries in the notional arrangement have aggregated deposit positions in excess of the aggregated overdraft accounts. (a) In a residential neighborhood which prohibits commercial properties (b) In a motorhome (c) In at least one room in a fixed location wherein books and records may be retained and negotiations may be conducted (d) In a broker's car, In which of the following institutions may a broker place escrow deposits? Google in particular so much of their code is public. A controller built on some Windows OS without use of APIs? Google did copy code, but they copied it from the Harmony project. You know nothing of what is creative expression. It was argued in their briefs, it was part of the oral arguments. And Oracle conceded all of this. Check out whats happening in the EU, India, Brazil. endstream endobj startxref (a) The defendant will be issued a subpoena. Ah, another victory for the monopolist. Oracle has bigger and better global options of enforcement. (a) Misrepresentation (b) Conspiracy (c) Intentional deception (d) Culpable negligence. Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. Oracle can take their Copyright fight outside of the U.S. to Berne Convention Treaty jurisdictions and win. 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? Request for Driving Privileges. But some Illinois residents have received scam texts from out-of-state area codes. In considering the amount and substantiality of the portion used in this case, the 11,500 lines of code should be viewed as one small part of the considerably greater whole. Here, Googles copying of the Java code and use in the multi-billion-dollar Android platform has unequivocally destroyed Oracles ability to license. Ok, Ill ignore the fact that apparently Anon and BP have no idea what an API is. At one point, perhaps, but when that point was lost, Google did NOT continue on that legal position. Which statement is most correct concerning a property owned by a married couple as tenants by the entirety? (b) If the couple divorces, the tenancy would be terminated, and the owners would be tenants in common, unless a court determined otherwise. Anyone ever notice that Google HQ is about a 30 minute drive from the EFF? . 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. Cash includes cash on hand (e.g., petty cash), demand deposits with financial institutions, money orders, certified checks and cashiers checks.