While not defined, we believe restricted cash should generally include any cash that is legally restricted as to withdrawal or usage. 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. 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. Wouldnt that threaten innovation through use of the platform? 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! 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. If you use it for a different purpose, say, in a poem or creative work, it is copyright infringement! They tell you what information to fill in where, and where to submit it. The expression of a recipe may be copyrightable, but the underlying process (the ingredients used and the steps used to prepare the food) are not. Yes, there is creativity in designing an API, but that is not authorship, just as creating a new recipe is not authorship. 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. Not much, if Google can copy 11,500 lines of your code and it can still be a fair use. Given the lack of definitive guidance related to compensating balances and restricted cash, determining when compensating balances are restricted cash can be challenging. NOTE: If you were convicted in court, you may also face additional court penalties, including fines and suspensions. (c) Pay interest at the rate of 5% per year, with disbursements at least once each year. When Thomas Jefferson (Anon) argues, if you build it you own the rights to it, Jefferson stayed in the US. 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?. Picasso? Author: PirenX A time for every purpose: too funny, you just dont get it, Im really getting a good laugh. 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. 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. The license can also restrict the person ' s use of alcohol and drugs and specify the routes or areas where he may travel. (a) Sales associates are not permitted to own stock in the entity. Please old wise one, identify the purpose in the statute that makes the hypothetical use not an infringement of copyright. Some are indeed respectful and acknowledge that they are only speaking on a particular aspect. You might be able to get a copyright on the expression of the recipe, but not on the underlying process. If you used a restricted font, you can either change to an unrestricted font or ask your printing service for advice. PDF Answers to Frequently Asked Questions (FAQs) about 'Background' Reviews What Gene has noted and what no one has disputed is that Googles use was certainly a commercial endeavor. Maybe instead look at the actual arguments I have provided. *yawn* these are the kinds of arguments that you get from people who have clearly never coded in their entire life. (a) When the landlord pays the tenant 75% of the interest earned (b) When the landlord deposits the funds into a non-interest bearing escrow account (c) When the landlord posts a surety bond (d) When the landlord places the funds into an escrow account controlled by the property management company, All of the following estates include legal title to real property, EXCEPT: (a) Tenancy for years (b) Fee simple estate (c) Life estate (d) Tenancy by the entireties, Florida timeshare projects are regulated by which organization? Same idea. Whether Googles declarations are infringing is a question of merger. Do you really think a company, wealthier than some nations, that sells your personal information gives a crap about your intellectual property rights? 475. The seller is claiming breach of contract. Unless otherwise decreed by a court, they now hold title as which of the following? To BE Fair Use, it first needs be copyrighted. Company name must be at least two characters long. The sales associate neglected to collect the deposit on time. But the case law is necessarily than used and applied to other cases that do not have the same fact patterns. while I < n: Under the Florida Residential Landlord and Tenant Act, a landlord is required to do all of the following, EXCEPT: (a) Bargain in good faith (b) Provide maintenance sufficient to comply with code (c) Notify tenants within 30 days of the manner in which security deposits and advance rents are being held (d) Deposit advance rent and security deposits in an interest-bearing account. It will only embolden copyists, harm creators and disintegrate value. (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. And whatever kind of person you are, both are insufferable, and I have zero business carrying this conversation further. Follow along as we demonstrate how to use the site. . 0 Almost every waiver request has been granted, based on a legal standard that requires EPA to approve these waivers where there are . I dont need to change my mind. Lesser amounts may be material if they have a significant impact on the cost of financing. Any change to a reporting entitys policy for determining restricted cash must be evaluated as a change in accounting principle subject to a conclusion that the new principle is preferable. What justification does the court have and say, no wait, this isnt fair use, but this is, and the jury was wrong? I have to wonder whether the issues were poorly explained. Thanks Gene. Sorry, you dont understand copyright. 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) Non-freehold tenancy (b) Tenancy in common (c) Joint tenancy (d) Tenancy for years, In a community property state, property acquired during the marriage is called community property. How did I backpedal? Again this is a non sequitur. Which of the following statements is correct? But the jury said both are fair use. Image Source: Deposit Photos You need to get out of your own way if you are going to understand the results of THIS case. with Feist Publications, Inc. v. Rural Telephone Service Co., 499 U. S. 340, 345 (1991), which explains (a) that copyright requires some original creative spark and (b) that therefore a phone book is not sufficiently creative. For this case, it is no longer relevant, of course, but the Supreme Court did not support the CAFC arguments regarding merger. All rights reserved. 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. (c) An ostensible partnership cannot be created by real estate brokers. How would a licensee attempt to compel testimony from a witness in a formal hearing? 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. You may be reading the words of the statute, but you clearly are not understanding the legal sense of those words. Yes, a lot of work can go into designing an API, and it can be creative, but copyright isnt supposed to protect functionality like that That is the creativity of invention, not authorship. The password serves a purpose. Which statement is correct regarding this situation? (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? This analysis should be performed at each reporting period. Look at what those lines define: a set of names, in a hierarchy, for the programmer to use to carry out operations on data. The counter-argument is also the same that the business model is not copyrightable. Why do you think that the only factor examined was whether it was transformative? PDF Alaska Department of Commerce, Community and Economic Development Even if the entity has a liability for the amount of cash it needs to remit to a customer, it is possible that the entity could raise cash to pay its customer in another way. SEC FRP 203provides the following additional guidance: An arrangement where the [compensating] balance required is expressed as an average over time would ordinarily lead to additional footnote disclosure of the average amount required to be maintained for arrangements in existence at the reporting date since the amount held at the close of the reporting period might vary significantly from the average balance held during the period and bear little relationship to the amount required to be maintained over time. Oracle could have tried better to make that distinction. . If you copy the Java API abstraction (e.g. An API is a domain specific language. A real estate brokerage firm advertises a listed property. Except for two things. This ruling prevents open source software from being locked out of being interoperable with commercial software. In those cases, the argument was exactly the same as Thomass discent that the business model was built into the design of the forms, so they should be protected. Creative expression can be found in the simplest things, describing boil, stiff peaks, carmelization, characteristics of an onion, . E) Money must be raised by the sole proprietor. 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.. (b) Check with the broker to make sure the broker agrees with the payment. (b) The lighting is a fixture and may not be removed by the tenant. (b) Broker Sam must sue broker Jerry for the commission due to Bob, since Bob is now employed by Sam. It really isnt the end of the world everyone is claiming it is. Wyoming. Cash also includes other kinds of accounts that have the general characteristics of demand deposits in that the customer may deposit additional funds at any time and also effectively may withdraw funds at any time without prior notice or penalty. You keep on wanting to draw errant Legal conclusions that simply are not possible in copyright law. You have no clue what is creative expression. Have you seen the damage inflicted by software patents? I started programming in the 1970s, machine language, peek, poke, etc., and ended up at a supercomputer institute. Every product shipped copies these headers because theyre absolutely required for source code to use the API however by themselves they have ZERO functionality and do not actually IMPLEMENT an idea. What type of tenancy has been formed? Anyone arguing to the contrary knows nothing about copyright (or music, or literature, or art). Kool-aid is what many programmers now drink. Copyright is about copying. Yes.If a fictitious business name is being added to abroker's license, the fictitious business name statement should reflect that business is beingconducted byan "individual,"and if it is being addedto a corporation's license,the statement should reflect that such business is being conducted bya "corporation."Furthermore, the registered owner, as They have made many decisions with the explicit purpose of crushing open source coders! The Meaning of a "Restricted" Real Estate License This licensee is engaged in which illegal practice? Anon: The immediate point here is that those license requirements have no enforcement force anymore.. Copyright exists in creative expression fixed in a tangible medium. No one in the tech industry actually thinks oracle ever should have won this case. Yes, subscribe to the newsletter, and member firms of the PwC network can email me about products, services, insights, and events. Both a false presumption and a false equivalency. Four partners purchase a property together, at the same time, and on the same deed, without the right of survivorship. To be considered "readily convertible to cash," an instrument must have both interchangeable units and quoted prices that are available in an active market. Ah, another victory for the monopolist. And all they did was copy from Oracle what was necessary to forward their own desires. After considering the four fair use factors listed in 17 USC 107, the Supreme Court found the use to not be a fair use, in large part because The Nation copied the heart of the story. (d) The owners can take title to the property at different times. (a) Condominium (b) Tenancy in common (c) Joint tenancy (d) Cooperative, Paul and Paula are husband and wife. Cash that cannot be withdrawn due to compensating balance arrangements should be classified as a noncurrent asset if it relates to the noncurrent portion of the debt that causes its restriction. (a) Provide protection of the Homestead property from the debts of an improvident breadwinner. So the platform changing matters! Google did copy code, but they copied it from the Harmony project. Solved Which of the following statements is true regarding - Chegg Oracle can take their Copyright fight outside of the U.S. to Berne Convention Treaty jurisdictions and win. (a) Accused (b) Defendant (c) Complainant (d) Respondent. (b) The investigator will make a recommendation as to the penalty that should be imposed against a licensee. At what point are you claiming they abandoned that argument? If Google did not copy and did it themselves they would not have been liable for copying because there would not have been copying. No copyrights, all software is functional, and Fair Use sets you free (and soooooo transformative. Maybe patents will do. This then also impacts your total reliance on the Merger Doctrine. "I happen to be one of those people," said Bradley Ware, an FBI community outreach specialist based in. (b) Notify the tenant of the location of the funds within 20 days of receiving the funds. They are hacks and I dont mean hackers, because many hackers are intelligent, though misguided. You miss the entire point. Its also completely incompatible with almost everything. How else, other than merger, would Googles declarations be found to not infringe on the nearly identical declarations in Oracles code? And yes I have advanced degrees from top schools in computer science. 475. As to Are you claiming that function is copyrightable? nowhere have I indicated anything of the sort. (d) Calls are not permitted when attempting to obtain a listing. 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. We shall assume, but purely for arguments sake, that the entire Sun Java Is that socialism, corporatism, fascism, communism? endstream endobj 278 0 obj <. 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. Part of the launch and patch crowd, like those that infected Boeing and Tesla (yes, faulty sw that caused deaths, oh well were working on the patch). 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) 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 time for every purpose: Its not about 11500 lines of code, its about what those lines do. Oracles claim is utterly meritless and ludicrous. The definition of "readily convertible to cash" is included in the FASB Codification Master Glossary. See. Section 107: 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: Oh my, A time for every purpose: ask not for whom the bell tolls, it tolls for thee. Common Court Forms that Must be Accompanied by a Restricted Information Form. (a) To extend the meaning of the law (b) To specify and implement the law (c) To give new meaning to the law (d) To give licensees notice of the range of penalties that normally will be imposed for violation of a law or rule, Who reports findings of fact to the Commission at the conclusion of an administrative hearing? At one point, perhaps, but when that point was lost, Google did NOT continue on that legal position. Regardless of whether the reporting entity has met the compensating balance requirement, there should be disclosure of the sanctions for noncompliance under a compensating balance arrangement. 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 is the purpose of the FREC disciplinary guidelines? If many banks are involved, the disclosure should summarize the most common arrangements and aggregate the compensating balances involved. Googles copying suggest that the better way to look at the numbers is to take into account the several million lines that Google did not copy.. Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. Consistent with the views of most EITF members, we generally do not think that self-imposed designations should be presented as restricted cash unless an entity has an existing policy to do so. }. Were supposed to be a country of laws, which, as shown, is being hijacked by Silicon Valleys advertising/lobbying industry. You can set the default content filter to expand search across territories. GAAP does not require restricted cash to be presented separately on the balance sheet. 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. As to copyright law, Anon has given adequate explanation for your benefit. A C API might possibly be analogized to a phone book although the argument would be forced because creating the abstraction of C API at least requires the spark that SCOTUS seeks. None of that function, none of that behavior, is within the scope of the copyright on the source code. For someone who brayed that they understand copyright, you keep on getting things fundamentally wrong. Generally, only investments with original maturities of three months or less qualify under that definition. Request for Driving Privileges. The transformative standard replacing the commercial standard was not invented in Google vs. Oracle. And by the way, THIS Court decision is what is going to upend your world. Alice followed Mayo. (c) Every active broker must maintain a sign at each brokerage office or branch office. 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). Cash: Consistent with common usage, cash includes not only currency on hand but demand deposits with banks or other financial institutions. A "probationary license" granting restricted driving privileges can be issued for some offenses. What is property called that was acquired by one spouse prior to the marriage? Java had every right to charge a fee to use the platform, it didnt. But for copyright that is how it is, and that isnt remotely controversial. Of course, billion dollar judgements against infringers. Saying something else was copyrighted is a non sequitur. Conversely, if the use is nonprofit (i.e., not making money), then the use is far more likely to be a fair use. Which of the following statements is true regarding taxpayers receiving distributions from traditional defined contribution plans? The term that I found interesting was transformative, which is something discussed both in the majority opinion and in the dissent, which the majority stating that the transformative role of Googles use was enough to overcome its commercial nature. They would not write the declarations differently. I suggest that you read the actual decision here. 6.4 Format of the statement of cash flows. (b) The individual selling the unit must hold a Florida Cooperative Sales license to perform this task. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding.. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. Now I know that you are not following what I have been saying. The parties agree to have a 3rd party hear both sides and make the final decision. In order for this fair use logic to be applicable, the literal code that could be copied would have to be the minimum that allowed for some measure of compatibility. (d) Owners of property open to the public may be required to remove barriers to accessibility. (a) Joint venture (b) Corporation (c) General partnership (d) Limited partnership. Its common sense that APIs arent copyrightable. The court rendered a single judgment against the licensee in the amount of $65,000. (a) Handicap and familial status protections were added. (c) The Commission will proceed with the hearing. (a) Exclusive Property (b) Separate Property (c) Joint Property (d) Protected Property. Great comments by others here, people that actually know something. Identical copying is copying and, absent fair use, infringes the copyright in the creative expression. It determines an employee's income tax withholding. The majority opinion did not adopt the statutory argument. Here, Souter wrote: The system is the relationships between the different classes, also with its own function.
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