And so? A photographer mounts removable lighting on the ceiling of leased property being used as a photography studio. Neither merger nor Fair Use say that the copyright is invalid or does not exist. Welcome to Viewpoint, the new platform that replaces Inform. If you use Hemmingways work FOR THAT PURPOSE, it is not a copyright violation. Intellectual property law falls under this penumbra. You said that Google dropped the merger argument, and you are quite clearly wrong. What justification does the court have and say, no wait, this isnt fair use, but this is, and the jury was wrong? Up until yesterday a software copyright protected only cut and paste copying. Look at what those lines define: a set of names, in a hierarchy, for the programmer to use to carry out operations on data. (a) Florida Supreme Court (b) District Court of Appeals (c) County court (d) Department of Administrative Hearings. (b) Provide a tax exemption to anyone living in Florida. And all they did was copy from Oracle what was necessary to forward their own desires. But nice try. Which is not a totally unreasonable point, but not a great one. Do NOT confuse pragmatism with proper application of the law. However, this is also true of paper forms just ask the IRS Yet blank forms are explicitly excluded from copyrightability and have been found to be fair use when copied. That was accepted as true by the Supreme Court. Everyone is of course aware that copying code, straight up copying, is very common practice in the coding and software industry right? The court found it transformative. Fair Use simply does not apply in any instance in which you lack a copyright. Youre probably just another SV diaper baby. Both a false presumption and a false equivalency. The password serves a purpose. Mennells position (as supported by Google) is quite clear and Breyer likes it. Do you realize how ridiculous that comment is? (a) If the value of the lighting is less than $250 it should stay, but if it is more than $250 the tenant has the right to remove it. (b) If the couple divorces, the tenancy would be terminated, and the owners would be tenants in common, unless a court determined otherwise. print(i) When asked about the size of a home, the sales associate quoted the home as containing 5,300 square feet of living area. Yall are acting as if transformative is the only thing you need to show for fair use. created a risk of overbroad protection for computer software products. Hence the SCt delivers fair use (Google v. Oracle) and efficient infringement (Mayo/Alice). You should note that my argument was not an ad hominem argument. This decision would allow me and other developers to further my career, cant say the same for you parasites. IF the Merger Doctrine were to have been found, then copyright would not could not by law be found, and Fair Use would have been off the table. Thank you Anon, you are helping to educate Steve. Given the specification of the Sun Java API, there is no creativity in writing the declarations for it. 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. This is simply asinine and unrelated to the legal points present. Promotion of public works, where you start, is a total misfire. If Google did not copy and did it themselves they would not have been liable for copying because there would not have been copying. Judith, your statement is perfectly ignorant. . All of the following are correct regarding the Americans With Disabilities Act (ADA), EXCEPT? If you copy the Java API abstraction (e.g. Hopefully you can see why Breyer could not hold there was no copyright. GNU/LGPL - GNU Lesser General Public License (LGPL) Under an LGPL license, developers have rights to link to open source libraries within their own software. As such, the license gets the same protection all property gets as guaranteed by the United States Constitution. You might be able to trademark a name, but copyright it? This abstraction is what should be considered an uncopyrightable idea. What do you think is the copyrighted work in this case, if not the source code of Oracles Java SE libraries? Last updated November 1, 2022 at 8:57 AM Supplemental Information While the definition of cash is generally understood, what constitutes a cash equivalent is not as straightforward. 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 its correct because thats what the majority held! 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. This is a legal concept, and you appear to be insisting on using that term outside of its meaning. (b) An ostensible partnership is not a true partnership. No one in the tech industry actually thinks oracle ever should have won this case. The ruling was somewhat more expansive than that, but not a lot more expansive. (a) 30% (b) 33% (c) 50% (d) 100%, Which of the following is a form of corporate ownership which allows possession under a proprietary lease? (d) A temporary shelter must always be registered as a branch office. This ruling prevents open source software from being locked out of being interoperable with commercial software. following the class declaration (except that a and b could be different). Finally, isnt the purpose of copyright law to increase innovation? @6 Judith Perkins: Have you seen the damage inflicted by software patents?. People encourage it. If a hacker breaks in by reverse engineering my password, that hacker infringes Hemmingways copyright. PwC refers to the US member firm or one of its subsidiaries or affiliates, and may sometimes refer to the PwC network. (d) Owners of property open to the public may be required to remove barriers to accessibility. What is the purpose of the Florida Homestead protection? That is an existing standard. (d) Return the check to the purchaser and ask them for a new one with the correct date. That is what Google essentially copied, and that was all that was needed in Android to allow any java program written by third party to work on Android. But the case law is necessarily than used and applied to other cases that do not have the same fact patterns. Naysaying is not debating. Given the rapidly changing technological, economic, and business-related circumstances, we believe we should not answer more than is necessary to resolve the parties dispute. Creating a C interface requires much deeper knowledge and training in software design. Ill also leave aside the fact that you lost, and yet are still claiming the law is in your favor., You clearly lack an ability to understand a legal discussion. }, There can be something inherently expressive about the name, loopntimes, but it exists so people can call it right? On average, states have 135,000 regulatory restrictions in administrative rules, with . Which of the following regarding the Form W-4 is incorrect? (a) The individual must be licensed as a stock broker and a real estate broker to sell cooperative units. Which statement best applies? But, for now, that doesnt matter. Copyright is fine for software, although it lasts too long, but patents for software development is a perfect nightmare. What amount will the former customers be able to recover from the Real Estate Recovery Fund? . (c) When a registered branch office is moved, a fee must be paid, but a new application for registration is not required. Because, in the misguided opinion of Ms. Perkins, too big of a risk of damage inflicted by software patents. 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. 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. Whether Googles declarations are infringing is a question of merger. What settlement (escape) procedure is being used to settle the dispute? (a) Age (b) Marital status (c) Occupation (d) National origin, Which legislation prohibited discrimination based on religion? Your arguments are from a faulty perspective that feels it is correct and thats why you cant let go. They were only ever good against cut and paste copying, and now even that is a fair use. So, ironically, copyrights in software protected very little. (a) Reversion estate (b) Right of succession (c) Receivership estate (d) Remainder estate, The owner of real property is considered to have the full bundle of legal rights which includes all of the following, EXCEPT: (a) The right of possession (b) The right of disposition (c) The right of control (d) The right of unlimited freedom to use the property in any manner. These materials were downloaded from PwC's Viewpoint (viewpoint.pwc.com) under license. Im pretty sure you cant copyright the concept of adding anyhow, and you cant copyright the label of it as adding.. A time for every purpose: too funny, you just dont get it, Im really getting a good laugh. (d) Provide protection from all specific liens that may be incurred by the homeowner. (d) The sales associate should cash the check and deposit the funds into her broker's escrow account. (c) Calls could result in a fine of up to $15,000. You presume a lack of knowledge (when that lack is not evident) because of your own lack of understanding of the law. (c) If a sales associate wishes to be an officer or director, his or her license must be placed on inactive status. What is the purpose of the FREC disciplinary guidelines? Your attempt to NOT associate the legal concepts of either Merger or Fair Use with the actual material at hand is what you need to focus on, and your insistence on not doing so simply stops you from understanding the legal issue here. 112 0 obj <> endobj The ones that never had to get it right on the first run, like back in the days when homework in computer sciences classes ran on mainframes as you carried around your shoe box of cards. What term is used to describe a situation in which a real estate licensee tells a customer an advertised property is NOT available for sale when, in fact, it is? Merely entering or naming something isnt creative under copyright law. 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 Frankly, the supreme doesnt do enough to shut down the antics of the federal circuit. A real estate licensee refuses to show properties in high-end neighborhoods to minority buyers. (a) An assistant forgets to give a message to the broker, so the broker did not call the seller in a timely manner. (And lets note for arguments sake that the Supreme Court opened the door to all code with their all software is functional statements). Ive done it, everyone has done it. If the key opens the door to a model, the individual wins the home. 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. @BP Maybe Thomas saw the damage he inflicted with Alice?. Why do you think that the only factor examined was whether it was transformative? (d) The Probable Cause Panel has 30 days from receipt of a complete report to recommend dismissal or issuance of a formal complaint. Charlies interest in the land is which of the following? Check out whats happening in the EU, India, Brazil. Its also completely incompatible with almost everything. BP: I did not say that the expression of function makes the expression uncopyrightable. 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. Your insistence on misusing terms (even as they seem to overlap for you) does NOT make such errant use into proper use. The agreement gave petitioners the exclusive first serial right to license prepublication excerpts. Your article and your response to LazyCubicleMonkey @13 are spot on. You cant just copy code. (b) The lighting is a fixture and may not be removed by the tenant. Of course, that isnt exactly how the Supreme Court characterized it, but make no mistake, that is what they decided. (b) The landlord suffers from the tenant's failure to pay rent. (a) Nothing; the DBPR has no jurisdiction over unlicensed persons. I ++ Even if the value of restricted stock decreases from the price on the grant date, it retains some value to the employee. 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. It is impossible to write a compatible implementation of the Sun Java API without using almost identical declaring code, whether you literally copy the lines or you create them from the API specifications (which will necessarily be the same, except for the specific order of a few keywords, the order some things are defined, and the names of parameters and just looking at the code shows that the declaring code in Harmony was not identical to the declaring code in Oracles implementation of the Sun Java API). Oh, and for those that think Republican-appointed justices will be more sympathetic to property rights, I need only point at that three of them signed onto this opinion. Google did copy code, but they copied it from the Harmony project. When reviewing private placement documents, you may see a reference to Regulation D . And sure, Google business practices were somewhat underhanded here, but thats not the point. 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. Instead of some lawyer? (a) All partners must be licensed as active brokers. Counting lines is ridiculously stupid (and I was somewhat disappointed the majority opinion kept citing it.. Accordingly, an investment with a maturity of less than three months that is not readily convertible to known amounts of cash is not a cash equivalent. 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. What could go wrong with that? 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. In this case, the CAFC remanded back to the jury after declaring that the declarations were protected by the copyright. Petitioners then brought suit in Federal District Court against respondent publishers of The Nation, alleging, inter alia, violations of the Copyright Act (Act). Creative expression can be found in the simplest things, describing boil, stiff peaks, carmelization, characteristics of an onion, . If the motor vehicle agency denies someone an occupational license, he may petition the county court for one. The names and the hierarchy are necessary parts of it. @ A Time Am I really going to force programmers to learn 50 different words for adding to call that command? If a money market fund no longer qualifies as a cash equivalent due to such analysis, we believe the corresponding outflow of cash equivalents within the statement of cash flows should be reflected as an investing activity. Ignoring IP rights is OK if youre Google. The Court was explicit that they were taking the item at point to BE copyrighted in order to move to a Fair Use analysis. Accordingly, bank overdrafts represent short-term loans from the bank and should be classified as debt on the balance sheet and financing cash flows in the statement of cash flows, as discussed in the non-authoritative guidance included in section 1300.15 of the AICPA Technical Questions and Answers. If George wishes to appeal this order, what would be his next step? Corrent. 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. There was a stream alongside the road and far down the pass he saw a mill beside the stream and the falling water of the dam, white in the summer sunlight. I have copied Hemmingways work, which is copyrighted, and I have turned it into something functional, i.e., a computer code that is recognized by a cryptography system for authentication. (a) Placing false or misleading advertising (b) Violation of rental information rules (c) Submitting false information in an application (d) An unlicensed person operating as a broker. There is no claiming the law is in my favor., If I copied the data used to actually make that work, that would be copyright infringement under the decision. The majority opinion did not adopt the statutory argument. You might be able to get a copyright on the expression of the recipe, but not on the underlying process. Multiple Choice O Taxpayers are not allowed to deduct either early distribution penalties or required minimum distribution penalties. Real programmers do it right the first time. (a) Seek adjudication (b) Submit the matter to mediation (c) File exceptions (d) Request novation, How is the Real Estate Recovery Fund funded? Steve, You are incorrect on pretty much every single statement related to law and this case. The work that is copyrighted is the source code, which the declarations at issue are part of. Heres what Breyer wrote: Anyone ever notice that Google HQ is about a 30 minute drive from the EFF? Given the substantial thickness of the copyright, well beyond the standard articulated in Feist, the SCt handed Google a win in Fair Use because there was no possible way it could decide that a copyright did not exist. Sure, if in fact there was otherwise no infringement, then Fair Use is irrelevant, but so what? 475? That is the principle underlying fair use. I assert that there is no such alternate language. Merger is an application of 102(b), where even literal expression is not protected from infringement if that would prevent a later author from using an idea. They want copyright infringement, then the work isnt transformative enough. Think of it this way, in 11500 lines of code, is there some scintilla of creative expression by a human or humans?. Again, for someone who asserted that they were familiar with the law, nearly EVERY statement you make related to law is simply wrong. A residential developer offers a contest whereby each individual who tours a model home receives a treasure box key. Which statement best describes the necessary legal requirements? Isnt this great? . (c) An ostensible partnership cannot be created by real estate brokers. It also misses the larger point that the copying was considered Fair Use (and NOT that copyright was somehow precluded in the first instance). Thats a given. Ignorants weigh in with uninformed drivel. (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? An API is a domain specific language. Click here to extend your session to continue reading our licensed content, if not, you will be automatically logged off. Your attempt to NOT associate the legal concepts of either Merger or Fair Use with the actual material at hand is what you need to focus on,. Here is a list of the most common court forms that must be accompanied by the Notice Regarding Restricted Information: Financial statements in family law cases:
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