which of the statements regarding restricted licenses is incorrect?

If a compensating balance arrangement legally restricts the use of cash, such amounts should be considered restricted cash. What is property called that was acquired by one spouse prior to the marriage? Accounting questions and answers. Hes destroying our country. Of very particular note, the term transformative is not found in the statute (does this sound familiar to anybody?). I assert that there is no such alternate language. Thats nonsense. And it is transformative, you are transforming the declaring codes, which themselves do nothing, by changing the implementing code. Even verbatim copying of some of the text may not be infringing. print i An API is a domain specific language. Really great comments. c. Most business licenses and permits can wait until after a business is launched to be obtained. You seem incapable of understanding what that means. Even Sun, the developer of Java, thought Google was in the right. What the Supreme Court did was rule only on Fair Use. But hey, ignorance is bliss and theres no point in explaining this point to anyone who cant be bothered to read beyond the headlines. Google in particular so much of their code is public. The Supreme Court did not address it, merely saying that for arguments sake, assume that the declarations are protected by copyright. Do you get it now? (c) The Commission will proceed with the hearing. IF the Sun Java API (the abstraction described by the Java SE specifications, itself a copyrighted document) is a system or method of operation, AND the declarations are the only way to express that API in the Java language, THEN how is that not merger? Whens the last time you represented a client that invested millions in product development to have its product ripped off by a larger entity? They are hacks and I dont mean hackers, because many hackers are intelligent, though misguided. And yes, by changing the platform, that is because the whole point of Java is that it is platform flexible! You can set the default content filter to expand search across territories. 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. 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. Which statement best applies? Identical copying is copying and, absent fair use, infringes the copyright in the creative expression.. 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. (b) If the couple divorces, the tenancy would be terminated, and the owners would be tenants in common, unless a court determined otherwise. (c) The Orlando broker is immune from FREC disciplinary action because he was working with a Florida real estate licensee. An item may earn protection under patents for its utility aspects, and simultaneously earn a different protection under copyright for the different aspects of expression. Disrupt copyright based on ignorance and greed. In that case, changes in the overdraft would be classified as financing activities in the statement of cash flows and the overdraft would be presented as debt on the balance sheet. Which of the following is accurate regarding this scenario? The 10,000 lines of code can be the core of the system that was difficult to design and the other 1 million lines of code can often just be coded by lower level coders. That you seem impervious to understanding this just draws more attention to the inanity of your insisting that you understand the legal points here. Baker's interest in the land is known as which of the following? However, assuming that cash has been reduced for outstanding checks based on the non-authoritative AICPA guidance discussed above, if a zero balance account is linked to a bank overdraft credit facility and checks presented for payment are immediately payable under the credit facility, the book overdraft would be, in substance, a bank overdraft. Maybe instead look at the actual arguments I have provided. Chapter 5-8 Day 2 Flashcards | Chegg.com So, Google stood on the shoulders of Oracle for free. It was one of Googles main arguments. What type of estate have they formed? Youre starting from the wrong point. *yawn* these are the kinds of arguments that you get from people who have clearly never coded in their entire life. Like so many who have tried and failed before you to convolute software and math, protecting a copyright in software (or even a patent for that matter in a software system or product) is not tantamount to granting exclusive protections on a mathematical equation. which of the statements regarding restricted licenses is incorrect? While the definition of cash is generally understood, what constitutes a cash equivalent is not as straightforward. (d) Escrow money is always nonrefundable. Naysaying is not debating. History is an amazing thing, if people are willing to search for the truth and facts. Its like how they have read process out of section 101 of the Patent Act. In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. This is what the Court itself wrote: This decision would allow me and other developers to further my career, cant say the same for you parasites. (a) Florida Supreme Court (b) District Court of Appeals (c) County court (d) Department of Administrative Hearings. An item (such as software) may have multiple aspects, and thus may earn multiple forms of protection. Wyoming. Reporting entities should consistently apply and disclose the treatment of such payments. 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. Purpose of the use is also favored, even if it is not transformative. The sale falls through and the seller is claiming the uncollected deposit as liquidated damages. Free copying. Corrent. Sorry Steve but no transformative (per the Courts reasoning) is just not so limiting. Examples of items commonly considered to be cash equivalents are Treasury bills, commercial paper, money market funds, and federal funds sold (for an entity with banking operations). urC.iKb8:Hqggg+VTU9f-JQwXr9@&%yNDp$! If the borrower is not prohibited from withdrawing the compensating balance and using such funds in current operations, it could be appropriate to include such amounts in the cash and cash equivalent caption depending on the reporting entity's policy for defining restricted cash. The best place to start debugging is to check the floating license server debug.log file. Thanks Gene. Most of the time, you will complete a Restricted Information Form to accompany another standard court form. 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. In other words, amounts generally described as restricted cash will be included with cash and cash equivalents on the statement of cash flows. You qualify to make it onto the Supreme Court some day. 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: Read again the case and then my posts. Author: PirenX Night Writer: Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. Talk to people that worked in industry to build real sw driven products that do real things. The same SV actors seeking to disrupt government and individual rights in the name of profit. (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? Pennsylvania Suspended Driver's License & Reinstatement | DMV.ORG This is not merely an item of formality (let alone super formality). Saying something else was copyrighted is a non sequitur. (b) An ostensible partnership is not a true partnership. (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? From what was said earlier, I declare Math.add to tell the programmer, hey this adds. ",BXd%~{sErz-X{omfv+iUTW2=)2` B0DJ(?>]N Bob decides to sue for his lost commission. It is not I that fits the assertions that you are trotting out. Once again, a critical theme must be reinforced: protection is NOT binary between the different realms of intellectual property protection. A sales contract specifies that the buyer will pay a secondary deposit by March 15th. If a real estate licensee is involved in a personal real estate transaction, which of the following would be correct? 6.5.1 Definition of cash A photographer mounts removable lighting on the ceiling of leased property being used as a photography studio. This question is for testing whether you are a human visitor and to prevent automated spam submission. Google, through Android, provided a new collection of tasks operating in a distinct and different computing environment, Justice Breyer wrote for the majority, as he strained to find a difference without a distinction. Good day gentlemen. . print(i) All charges and credits to those accounts are cash receipts or payments to both the entity owning the account and the bank holding it. No. How else, other than merger, would Googles declarations be found to not infringe on the nearly identical declarations in Oracles code? Ms. Perkins, stop reading Prof. Mennell, EFF, etc. You contend that the 11500 lines of code is completely void of the threshold level of originality and creative expression? Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. 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. In characteristic form, the Supreme Court has once again managed to blow it in another intellectual property case. If you have any questions pertaining to any of the cookies, please contact us us_viewpoint.support@pwc.com. Im not going to hold my breath, which means Google appears to have a fully paid-up license to copy whatever code they want, regardless of how they destroy the copyright owners market and regardless of how many tens of billions, or hundreds of billions they make. 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. Then ask, what does the copyright cover., Certainly, identical copying and arguably more. Am I really going to force programmers to learn 50 different words for adding to call that command? Rather, the court has always balanced congresses right to copyright things with freedom of speech and precedent arguments. 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. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. Image ID: 12182996. And whatever kind of person you are, both are insufferable, and I have zero business carrying this conversation further. 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 may then begin to understand. Some reporting entities include cash in transit from credit and debit payment processors in cash equivalents while others include these amounts in accounts receivable. endstream endobj startxref Per the bond agreement, the trustee is instructed to use $40 million of the proceeds to repay FSP Corps existing debt, while the remaining $60 million will be held in the restricted escrow account until FSP Corp incurs qualifying construction expenditures. What will the sales associate likely be charged with? No, It was not. Except Oracle. Use the Online Driver Services system. (a) The broker may return the escrow money without notifying the FREC since the contract was subject to financing. The immediate point here is that those license requirements have no enforcement force anymore. Copying loopnfimes simply says to a programmer you will be calling this functionality, it doesn't copy the expressiveness of the code. Original maturity means original maturity to the entity holding the investment. So other programmers can do. (d) The tenant remained in possession after expiration of a lease. Your reading comprehension is being mired by the Desired End that you solely want to have. 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. (d) File an appeal with the District Court of Appeal. (a) Civil Rights Act of 1866 (b) Civil Rights Act of 1968 (c) Civil Rights Act of 1964 (d) 1988 Fair Housing Amendment, What is the maximum fine that may be imposed for a first time violation of the Florida Fair Housing Act? (a) Minor offense requiring reprimand (b) First-degree misdemeanor (c) Second-degree misdemeanor (d) Third-degree felony, What may a real estate sales associate or broker who does not pay attention to detail and causes harm to another be charged with? Steve no one said anything about source code leastwise me. Like stock options, restricted stock has to vest before it can be sold. 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). I am relating that to fair use by saying that the factors that support merger also support several of the factors in fair use. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. Items commonly considered cash equivalents include treasury bills, commercial paper, and money market funds. 475? Do you really think a company, wealthier than some nations, that sells your personal information gives a crap about your intellectual property rights? 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. The first question presented (that they chose not to answer): whether copyright protection extends to a software interface. Github encourages it. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. Upon Baker's death, Charlie is to receive title to the land. A big question this raises is open source software. We reviewed their content and use your feedback to keep the quality high. Compensating balance arrangements that do not legally restrict the use of cash should be disclosed in the footnotes. . hbbd```b``+@$4d "&L{*,`9Lb`53l'9[H2Y~@R&F%`{"30` Wf; PwC refers to the US member firm or one of its subsidiaries or affiliates, and may sometimes refer to the PwC network. (d) The landlord files a motion for default. If I write a program that works using Oracles Java API library, should I have to rewrite it if I want to use a different library (changing not only the names I use in my program to call those functions, but also changing what those functions do and how they work together)? Not pertinent here. Please see www.pwc.com/structure for further details. License to Copy: Your Software Code Isn't Safe After (a) Deposit the funds in an insured bank account (b) Deliver the funds to his or her broker or owner-developer (c) Deposit the funds in an escrow account (d) Deposit the funds with the Florida Real Estate Commission, What action should a broker take if a commission dispute arises prior to closing? I = 0 In the infinite wisdom of the Supreme Court, the copying of this code was found transformative because Google only used it to circumvent the need to license Java from Oracle with respect to Android smartphones. You presume a lack of knowledge (when that lack is not evident) because of your own lack of understanding of the law. This is every major market outside of the United States, 170+ countries. (a) Trust (b) Joint venture (c) Limited partnership (d) Unincorporated association. And Oracle conceded all of this. Fair Use as a legal concept has no meaning outside of something with copyright. (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? A real estate brokerage firm advertises a listed property. The Supreme Court explained there was evidence that Googles copying was limited to Android, and the deployment of Googles infringing product limited to smartphones. 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. 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. 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). 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. A) There is one owner. Many people who are arrested and charged are either released without a trial or ultimately found to be "not guilty". The definition presumes that all cash equivalents have two attributes: they must be (1) short-term and (2) highly liquid. Because the licensee was unfamiliar with the Orlando market, while acting as a buyer the Miami licensee engaged the services of an Orlando broker. Promotion of public works, where you start, is a total misfire. Third Column Asserted Rights Category: Rights is SBIR, Limited, Proprietary, Limited/Restricted Correct Assertion Lists Example For a system, list data items at the lowest segregable component level: Common Errors found in Assertion Lists: Description is not precise or specific (too broadly stated) Except in the case of merger, or when the expression has no creativity beyond the uncopyrightable idea it expresses. Ive done it, everyone has done it. Walk into any software company today and say that and you will be shoved out the door immediately. Soon, Breyers garbage broke the dam and made many technologies ineligible for patenting. I am not certain how the Open Source community comes out ahead in the long run. Kelowna, British Columbia-- (Newsfile Corp. - April 28, 2023) - F3 Uranium Corp. (TSXV: FUU) (OTCQB: FUUFF) (" F3 Uranium " or the " Company . (d) The lighting is a trade fixture and may be removed by the tenant. It made it free. 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. But the jury said both are fair use. 112 0 obj <> endobj A restricted license allows a person to drive: To and from work and school To and from drug or alcohol counseling To and from an appointment with a healthcare provider or during a medical emergency In the course of your employment Any place you are required to go by a court Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. 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. Cash includes cash on hand (e.g., petty cash), demand deposits with financial institutions, money orders, certified checks and cashiers checks. A buyer drops off an escrow check on Tuesday. 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. 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. Java cant come back and attack its users from using its free platform. The copyright is substantial. (d) A sales associate in a No Brokerage Relationship does not present a verbal offer. Many seem unable to even recognize that. Most software is open source. The other was that the declarations merge with the Java SE API. Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. I have been careful to identify function as opposed to the expression of function. (a) Age (b) Marital status (c) Occupation (d) National origin, Which legislation prohibited discrimination based on religion? That is what was locked up in those 11k+ lines of code. Theyre claiming that by attempting to use the API, Google infringed copyright on the headers which are necessary to use the API. How to Write a Letter to the Judge for Driving Privileges (a) The sales associate is not responsible for collecting the deposit, this is the broker's responsibility. 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. Your insistence on misusing terms (even as they seem to overlap for you) does NOT make such errant use into proper use.. I think under the logic of this opinion that open source license is unenforceable. In practice, reporting entities sometimes place undue focus on the maturity characteristic (short-term), while overlooking the readily convertible characteristic (highly liquid). This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. 6.5 Cash, cash equivalents, and restricted cash - PwC Common Court Forms that Must be Accompanied by a Restricted Information Form. 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. That path provides that item is NOT copyrightable in the first instance, and Fair Use would not even be reached. Although they each enjoy 25% interests, they acquired their interests at different times. 2003-2023 Chegg Inc. All rights reserved. No, It was not. Thats not my doing. Breyers a pragmatist, that is what he believes, and he wrote the opinion. 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. That is the merger argument which the Supreme Court declined to take up. Although what constitutes a money market fund is not defined in. 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).

Evergreen Funeral Home Obituaries Louisville, Ky, Task Refusal Operational Definition, Powell Peralta Youth T Shirt, Private Landlords In Waukegan, Il, Can You Paint Over Henry's Wet Patch, Articles W