(a) An ostensible partnership is required to file documents with the Secretary of State. This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. The United States is currently in a war against patents and copyrights, not the rest of the world. I have no idea what foundation you are standing on, it seems like one that has nothing to do with law. Oh my, A time for every purpose: ask not for whom the bell tolls, it tolls for thee. No, I will not find it in the statute. It will only embolden copyists, harm creators and disintegrate value. Ch. 1 - Management and Supervision exam.docx - Course Hero The declarations at issue are code (which has no legal significance), and are part of a copyrighted computer program. Where may a real estate brokerage office be located? You'll get a detailed solution from a subject matter expert that helps you learn core concepts. (a) The broker may return the escrow money without notifying the FREC since the contract was subject to financing. The only winner here is the dont care what protection you think that you might have, I am just going to take it view. Again, for someone who asserted that they were familiar with the law, nearly EVERY statement you make related to law is simply wrong. Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. Two years later, as the memoirs were nearing completion, petitioners, as the copyright holders, negotiated a prepublication licensing agreement with Time Magazine under which Time agreed to pay $25,000 ($12,500 in advance and the balance at publication) in exchange for the right to excerpt 7,500 words from Mr. Fords account of his pardon of former President Nixon. The whole code is functional is not accurate. While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. Campbell, which, created this mess could have easily been decided on the third factor (i.e., (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole). (b) The broker associate may make earnest money deposits with the broker's permission. 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.. (a) The following Monday (b) Wednesday (c) Thursday (d) Friday, When two or more parties participate together in one transaction where no formal paperwork or registration is completed, which type of business relationship has typically been formed? 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. Steve, several items of terms of art that you are just not applying properly are Fair Use and the Merger Doctrine. Again this is a non sequitur. Which of the following is accurate regarding this scenario? (d) The broker associate may not provide real estate brokerage services to others. (d) The sales associate may be charged with conversion. When asked about the size of a home, the sales associate quoted the home as containing 5,300 square feet of living area. I started programming in the 1970s, machine language, peek, poke, etc., and ended up at a supercomputer institute. You are already signed in on another browser or device. Any developer would tell you that. Which of the following statements is correct? Saying something else was copyrighted is a non sequitur. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. Genes article here (and the Absurdity of the Result) are at heart legal pieces. 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 assert that there is no such alternate language. You qualify to make it onto the Supreme Court some day. (a) Steering (b) Blockbusting (c) Redlining (d) Channeling, The Fair Housing Act of 1968 prohibits discrimination based on which of the following? 1) to protect the public by suspending or cancelling the licenses of those licensees who do not adhere to the requirements of the Act 2) to consolidiate all the remedies available to a person who has suffered damages due to the imcompetence of a licensee 3) to prevent unethical practices in the real estate industry If arrangements requiring maintenance of compensating balances during the year were materially greater than those at year end, that fact should be disclosed. This isnt like Alice, where there are a lot of programmers who are upset with inabilities to patent almost everyone thinks this is a bad idea. You keep on wanting to draw errant Legal conclusions that simply are not possible in copyright law. Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? 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 Some California Constitutional Provisions Can Be Waived (b) The individual selling the unit must hold a Florida Cooperative Sales license to perform this task. 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. (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. A business legally formed and registered as Rich Real Estate, Inc. is considered to be what type of organization? Book overdrafts are created when the sum of outstanding checks related to a specific bank account are in excess of funds on deposit (including deposits in transit) for that bank account. 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. I can call a map to appear on a webpage by typing google.maps.Map(). If I copied the data used to actually make that work, that would be copyright infringement under the decision! (a) $1,000 (b) $5,000 (c) $7,500 (d) $10,000, What action might the Secretary of the Department of Business and Professional Regulation take against a broker whose actions pose an immediate serious danger to the safety and welfare of the public? The court rendered a single judgment against the licensee in the amount of $65,000. That that is not ok. The answer is clearly yes, hence copyright exists. . This is what the Court itself wrote: Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. Github encourages it. It determines an employee's income tax withholding. A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. The password serves a purpose. I am a former software engineer that designed a couple of substantial systems. Company name must be at least two characters long. PDF Ficitious Business Name FAQ - California Department of Real Estate It duplicated declarative headers which are necessary for software developers to use the API in the first place. Your insistence on misusing terms (even as they seem to overlap for you) does NOT make such errant use into proper use.. 475? How many times do you want to ask a question that you refuse to accept and understand the answer to? 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. The Sun Java API is a system comprised of many processes and methods of operation. Breyers judicial activism tunes the law to place promoting what he wants to promote over rights in the creations and inventions of ordinary individuals. Your designing an API example is without merit and shows that you dont understand the basis of copyright. Posters here that proclaim superior knowledge of application programming interfaces dont know the audience of IPWD. 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. 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. This analysis should be performed at each reporting period. Ms. Perkins, stop reading Prof. Mennell, EFF, etc. Assume 60 lines per page, 11500 lines is 191.66 pages written by a human, an original work, that you proclaim is a basic, barebones recipe, whatever that is. (d) Provide protection from all specific liens that may be incurred by the homeowner. 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. Article I Declaration of Rights - Section 25 SEC. It also misses the larger point that the copying was considered Fair Use (and NOT that copyright was somehow precluded in the first instance). Which statement is correct regarding this situation? Out of state: (717) 412-5300. 475. In the usual case, reportable compensating balances which in the aggregate amount to more than 15 percent of liquid assets (current cash balances, restricted and unrestricted, plus marketable securities) would be considered to be material. With merger, amount copied also favors fair use (minimum amount needed). 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. Driver's License Issues in Kansas | Kansas Legal Services (c) The ad may not be prepared by sales associate. Which original statements are you objecting to? Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. (a) Handicap and familial status protections were added. And it is transformative, you are transforming the declaring codes, which themselves do nothing, by changing the implementing code. That doesnt mean they couldnt do a Fair Use analysis of the statutory factors. Heres what Breyer wrote: You might not like that. All of the following are authorized alternatives for a broker to use in order to resolve an escrow dispute, EXCEPT: (a) Seek an escrow disbursement order from the Commission (b) Submit the escrow dispute to mediation or arbitration (c) Seek a court decision to resolve the escrow dispute (d) Obtain an attorney's opinion. A "probationary license" granting restricted driving privileges can be issued for some offenses. How would a licensee attempt to compel testimony from a witness in a formal hearing? (c) The individual selling the unit must have a Florida real estate license as cooperatives are sold as a proprietary lease in Florida. This is being spun as a victory for Open Source. (b) At least one partner must be licensed as an active broker. The API is what is expressed by the computer program. All they see is the warm promise of sunshine at the crest of that hill, as they charge full force towards that crest. Even Oracle did not go that far. You also chose not to answer the question on patents, and (finally) seem to gather the very notion that I put to you: an item may well have separate aspects and the different aspects may well have different protections under the different intellectual property laws. I = 0 What is property called that was acquired by one spouse prior to the marriage? Only a truly ignorant person would every say such ridiculous things. 25. A) Like stock options, restricted stock has to vest before it can be sold. endstream endobj startxref 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? E) Money must be raised by the sole proprietor. 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. This is an example of which fraudulent activity? If two components produce the same behavior, they have the same function. Such a feature is commonly referred to as overdraft protection. The definition of "readily convertible to cash" is included in the FASB Codification Master Glossary. Multiple Choice The form can only be adjusted at the beginning of the year or start of . 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. You contend that the 11500 lines of code is completely void of the threshold level of originality and creative expression? (a) Condominium (b) Tenancy in common (c) Joint tenancy (d) Cooperative, Paul and Paula are husband and wife. 11500 lines of code written by a human has creative expression, theres is absolutely no argument as to that point. loopntimes(n) { 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. If they want copyright infringement, then the works is transformative (even though the transformation was solely for commercial purposes). (b) Provide proof to the court that the witness has some valid information. Multiple Choice The form can only be adjusted at the beginning of the year or start of employment. (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. The biggest problem with this case from the start has been that the lawyers have consistently failed to define APIs correctly, instead search for all kinds of weird analogies that are not at all like APIs. As indicated inSEC FRP 203.02.b, when a reporting entity is not in compliance with a compensating balance requirement at the balance sheet date, that fact should be disclosed, together with stated or possible sanctions. (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. There will be ramifications for this. This article is on the money and shows what a ridiculously low caliber of brainpower sits on that court. 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. (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? 24) Which of the following statements is incorrect regarding sole proprietorships? 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." 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. 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.. I have been careful to identify function as opposed to the expression of function. (d) Have his or her lawyer issue a writ of mandamus. Think of it this way, in 11500 lines of code, is there some scintilla of creative expression by a human or humans? *yawn* these are the kinds of arguments that you get from people who have clearly never coded in their entire life. B) Sole proprietor is in full control. (c) The broker associate must hold an active broker's license. (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? Do NOT confuse pragmatism with proper application of the law. It appears that no one in that ideology is capable of anything beyond surface thinking. Some borrowing arrangements do not prohibit the withdrawal of compensating balances, but as a practical matter; future credit availability may be dependent on the maintenance of such balances. (d) The landlord files a motion for default. Which statement best applies? No, It was not. Some counties offer a keepsake "marriage certificate" for an additional fee, but this certificate may be separate from the "marriage license" itself. Some borrowing arrangements contain compensating balance requirements. What justification does the court have and say, no wait, this isnt fair use, but this is, and the jury was wrong? Obviously, since it is in the interest and benefit of all those millions of programmers who are familiar with Java, Google should be allowed to copy Java rather than be expected to negotiate with the copyright owner and negotiate a license.