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which of the statements regarding restricted licenses is incorrect?

    which of the statements regarding restricted licenses is incorrect?

    Respectfully, your statement of but you should adjust your views about law based on what the people who are supposed to be following it actually think and do is the antithesis to the Rule of Law. Common Court Forms that Must be Accompanied by a Restricted Information Form. 25. (c) The Broker may return the money provided there was a rescission period also documented in the Sales Contract. (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. (b) All sales associates, broker associates, and brokers who are registered with the firm must be either officers or directors. Images on IPWatchdog Primarily Provided by, Our website uses cookies to provide you with a better experience. Youre probably a programmer that never stepped foot into an artists studio, a composers studio, . Which statement is correct regarding this situation? Something is amiss in your thinking about this issue. Like stock options, restricted stock has to vest before it can be sold. As a result, in practice, most preparers reflect book overdrafts as a liability on the balance sheet and disclose that such liability is a reinstatement of liabilities cleared in the bookkeeping process. 475? What should a sales associate do if a purchaser wishes to present a post dated check? If Google did not copy and did it themselves they would not have been liable for copying because there would not have been copying. Same idea. Do not operate on any more brains the patients you touch are piling up. (a) An ostensible partnership is required to file documents with the Secretary of State. We fight for IP rights every day against a tide driven by advertising giants that seek to weaken IP rights and destroy federal agencies and the legal system. Maybe instead look at the actual arguments I have provided. (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? Do you get it now? Multiple Choice The form can only be adjusted at the beginning of the year or start of . If you copy and transform then you are in the clear for the Courts (not my) provided reasoning of Fair Use.. That ruling would focus on the fact that the declarations can only be written one way to perform their function of responding to the calls already known to Java developers. What is the maximum penalty that may be imposed upon an individual who is found guilty of unlicensed real estate activity? 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. You know nothing of what is creative expression. What do you think is the copyrighted work in this case, if not the source code of Oracles Java SE libraries? "Whether Google's declarations are infringing is a question of merger . If I use this paragraph as a password He lay flat on the brown, pine-needled floor of the forest, his chin on his folded arms, and high overhead the wind blew in the tops of the pine trees. Jerry fails to pay Bob a commission, so Bob resigns and is hired by broker Sam. But, for now, that doesnt matter. The way it works is you design the external APIs like in Java and then a bunch of internal APIs to system functions so there may be like three levels of APIs. If something like this happened with Disney being on the short end of the Supreme Court decision and compromising the value and copyrights held in Mickey Mouse, there would be a bill filed to overrule a renegade Supreme Court decision before the close of business. The business licenses and permits that are needed vary by city, county, and state. (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? Clearly Breyer hates IP rights. I dont know why thats a difficult to understand, BP claims to be a lawyer, it should be self-evident that context matters. 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). Because if the former is a copyright violation it is.basically literally impossible to code. (c) Only two partners must have a real estate license. (c) If a sales associate wishes to be an officer or director, his or her license must be placed on inactive status. 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.. If an investigator from the DBPR found a minor infraction of F.S. I dont need to change my mind. Slightly elevated salaries (with horrific employment terms crafted through illegal collusion) are the bargain with the devil. Which is not a totally unreasonable point, but not a great one. (d) An ostensible partnership will not be treated as though the participants were partners. 11500 lines of code (declarations) has creative expression. All of these following statements regarding a violation of the license law or rules and regulations are true EXCEPT: It is a misdemeanor It is a felony Action can be brought in a district court where property is located Action can be brought in a district court where licensee lives Click the card to flip It is a felony Click the card to flip 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. 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. (b) Appear (c) File an appeal (d) Bring an attorney, Which activity would be classified as a first-degree misdemeanor under F.S. print(i) Generally, the fact that a reporting entity maintains a separate bank account for funds it owes to a third party does not require the cash to be restricted on the balance sheet. This is simply asinine and unrelated to the legal points present. I assert that there is no such alternate language. (d) Office signs are permitted but not required by law. (a) Bob cannot bring a legal action for the claimed commission against anyone other than broker Jerry. From what was said earlier, I declare Math.add to tell the programmer, hey this adds. On one end of the continuum is a use that is of commercial nature. If you are making money of the copyright, then odds are you are depriving the owner of their ability to make money and the statutory law intended that this is very likely NOT to be fair use. This transformative factor was created by the Supreme Court out of thin air (and contrary to the Constitution) to bless infringers rights. It is the function that cant be copyrighted, not the code. (d) $10,000 fine and imprisonment for up to 10 years. Why do you think that merger had nothing to do with this case? The Supreme Court did not say that the declarations are protected by that copyright. Lesser amounts may be material if they have a significant impact on the cost of financing. Frankly, the supreme doesnt do enough to shut down the antics of the federal circuit. When auction rate securities are subject to an auction, resetting the interest rate on the securities is not considered equivalent to a sale and a purchase of such securities when reporting cash flows. Gene Im afraid this demonstrates both your lack of understanding and your utter commitment to rulings which serve your own self-interest. 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. Maybe then you will appreciate the experience that people like Gene bring to IPWD. What Gene has noted and what no one has disputed is that Googles use was certainly a commercial endeavor. Once the API is designed, there are no choices in how to right the declaring code (except for some minor aspects, aspects which Google did not copy). It i asinine to say that Google did not copy any code. Disclosure may also include a statement, if appropriate, that the amounts are legally subject to withdrawal with or without sanctions, as applicable. That this theft would be brushed off as fair use, and somehow framed as transformative, boggles the mind. The copyright is substantial. In determining whether compensating balance arrangements are sufficiently material to require segregation or disclosure, various factors should be considered. F3 Provides Update Regarding Private Placements. How many times do you want to ask a question that you refuse to accept and understand the answer to? ., looks like its not in the statute but old wise one seems to infer that a court would twist the nose of wax to reach his conclusion. The contract calls for a deposit of $10,000, to be placed in the broker's escrow account. Excusing the intentional, knowing and overwhelmingly commercial use of Google calls into question the vitality of copyrights and the future applicability of fair use in the digital age. 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. This is like claiming your patent on the printing press allows you to dictate the uses of paper. A buyer has agreed to purchase the seller's home. They want copyright infringement, then the work isnt transformative enough. April 6, 2021, 07:15 AM The first question presented (that they chose not to answer): whether copyright protection extends to a software interface. The former is like copyrighting the English language and then suing people for speaking. 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. following the class declaration (except that a and b could be different). Great comments by others here, people that actually know something. A time for every purpose: too funny, you just dont get it, Im really getting a good laugh. The sad part is this: what Google co-opted through their copying was the army of programmers that Java had built up over years of painstaking community building, marketing, and refinement of their tools. (a) $500 fine and imprisonment for up to 90 days (b) $1,000 fine and imprisonment for up to 1 year. Whens the last time you represented a client that invested millions in product development to have its product ripped off by a larger entity? 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. It is far more than formality to be rigorously trained (at law) to understand just how that Rule of Law is taken from the writings of the Court. According to the dissent, in 2015 alone, the year before the fair use trial, Google earned $18 billion from Android. And yes, by changing the platform, that is because the whole point of Java is that it is platform flexible! That was accepted as true by the Supreme Court. While the FASBs definition seems to focus more on the maturity characteristic, this does not diminish the requirement for a cash equivalent to be readily convertible to known amounts of cash. In practice, reporting entities sometimes place undue focus on the maturity characteristic (short-term), while overlooking the readily convertible characteristic (highly liquid). You continue to prove my point with your trenchant zeal to reach a place that is absent in the Courts decision. Is that good Steve? That means the overwhelming weight of this ridiculous decision will be born by other creators. Alice followed Mayo. This is not merely an item of formality (let alone super formality). If one has not entered into a contract with an open source provider, then what are open source providers left with as an avenue of enforcement? 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? They are a mandatory component of interoperability and they were made freely available. (a) Seek an injunction from the Florida Real Estate Commission. (a) Tenancy at will (b) Tenancy at sufferance (c) Tenancy for years (d) Tenancy in common. That same industry is under the lens of regulators throughout the world. 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? Although it is restricted cash, it is part of the change in cash, cash equivalents, and restricted cash. Image ID: 12182996. History is an amazing thing, if people are willing to search for the truth and facts. Separate yourself from being a coder and you may see the faults. (c) Discrimination based on race was strictly prohibited, preventing exceptions of any kind. (a) Trust (b) Joint venture (c) Limited partnership (d) Unincorporated association. Fair Use simply does not apply in any instance in which you lack a copyright. Four individuals wish to form a real estate brokerage partnership. I think under this decision that someone can just get your documentation and copy your system by sending out work based on your APIs. No one is saying that you cant copyright implementing code, they are saying you cant copyright declaring code. But if it did go the other way, and proprietary software did use an API created for an open source projects so what? While the letters, words, grammar are not new, it is now the only way to authenticate because I said so. endstream endobj startxref Maybe Java programmers should switch to Scala, which is another JVM language that does not have an interface reference type. What amount will the former customers be able to recover from the Real Estate Recovery Fund? You are arguing a point Oracle conceded and then claiming it is the end of the world that they didnt adopt it. 475? One was that the declarations are methods of operation, which in my opinion is a poor argument. Some of the source code expresses the processes that are part of the API. What Google actually copied was from the Harmony project, which was in fact developed as a clean-room project, and the ruling by the Federal Circuit was that it is the API itself that is protected by copyright, so the set of names, the hierarchy, and the relationships between classes are all protected expression. Those 11,500 lines, however, are only 0.4 percent of the entire API at issue, which consists of 2.86 million total lines. You can set the default content filter to expand search across territories. When did I say that Oracles source code isnt copyrighted? (a) Third-degree misdemeanor (b) Second-degree misdemeanor (c) First-degree misdemeanor (d) Third-degree felony, What is the maximum amount of money that can be paid from the Real Estate Recovery Fund to three persons who suffered monetary loss as the result of a fraudulent act committed by a real estate licensee and have been awarded a single judgment? The processes in Googles library were copied, but the code was different. Google immediately backtracked on it upon questioning during oral argument. Checks that have not been released by the end of the accounting period (e.g., not mailed) should not be reflected in the financial statements (i.e., the related balances should still be reflected as cash and the related account payable due). But the jury said both are fair use. (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? An individual who purchases a unit in a cooperative receives shares of stock in the corporation that owns the building. All partners will work with buyers and sellers, showing properties and taking listings. I see many that declare wrong, with it evident that the speaker does not even grasp the legal points being discussed. You presume a lack of knowledge (when that lack is not evident) because of your own lack of understanding of the law. Which of the following is an approved depository for earnest money? Also note as anon has pointed out that transformative is what they are saying now to justify the copying but they also are saying that computer programs are not transformative implicitly in Alice. (a) Handicap and familial status protections were added. Period. (a) $150,000 (b) $50,000 (c) $25,000 (d) $10,000, In which of the following circumstances may a citation be issued to a licensee? And that it would promote the arts and sciences by doing that? It said you can copy declaring codes. Reporting entities must assess whether it is appropriate to classify funds as cash equivalents if they do not meet all of the qualifying criteria for a money market fund under the 1940 Act. [s]cantiness may exist because the work is composed of elements in the public domain, and it is only the organization of those elements that is protectable. Certainly, identical copying and arguably more. Which statement best describes a tenancy at sufferance? An API is not the same as the code that implements it, any more than an algorithm is code. (c) Request an injunction from the Department of Business and Professional Regulation. I have to wonder whether the issues were poorly explained. (c) Upon conclusion of the investigation, the investigator files an investigative report. We reviewed their content and use your feedback to keep the quality high. Kool-aid is what many programmers now drink. (d) The licensee should disclose his or her license status prior to entering into any serious negotiations. I can make the point in another way. What Google did was copyright infringement up until yesterday because they literally copied. The value of the Java API is allowing third party applications to run on any platform (windows, android, linux, mac-os, etc). Youre starting from the wrong point. Where may a real estate brokerage office be located? Most software is open source. And so? O A taxpayer who retires at age 73 in 2020 must pay a required minimum distribution penalty if she does not receive a distribution in 2020. This is every major market outside of the United States, 170+ countries. The source code is the expression here. Follow along as we demonstrate how to use the site. The beginning and ending balance of cash, cash equivalents, restricted cash, and restricted cash equivalentsand any other segregated cash and cash equivalentsshown on the statement of cash flows should agree to the total of similarly titled line items on the balance sheet. In particular, the CAFC decisions are not binding on any other circuit. As for fair use, you can do a fair use analysis without determining if what was copied is otherwise infringing. This is a legal concept, and you appear to be insisting on using that term outside of its meaning. So we are done. But for copyright that is how it is, and that isnt remotely controversial. You have a seemingly total reliance on the Merger Doctrine, and if you are taking about this case, your foundation disappears. (b) If the couple divorces, the tenancy would be terminated, and the owners would be tenants in common, unless a court determined otherwise. 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. Book overdrafts related to a specific bank account should not be offset against other cash or cash equivalent accounts (including time deposits, certificates of deposit, money market funds, and similar temporary investments). They tell you what information to fill in where, and where to submit it. Googles so-called implementing code replicated the functions,without copying the code, and none of that code was found to be infringing. 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. That that is not ok. (a) The investigator would attempt to obtain a summary suspension. Zombies marching toward the cliff. 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. Example FSP 6-2 illustrates how a reporting entity should reflect the proceeds of a debt offering held in escrow by a bank in the statement of cash flows. Many people who are arrested and charged are either released without a trial or ultimately found to be "not guilty". You'll get a detailed solution from a subject matter expert that helps you learn core concepts. If George wishes to appeal this order, what would be his next step? Company name must be at least two characters long. The names and the hierarchy are necessary parts of it. 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. Sadly, many are not and show more emotion than reason. You should note that my argument was not an ad hominem argument. The SEC noted that under normal circumstances, qualifying money market funds with floating NAVs will continue to be reported as cash equivalents. If you use it for a different purpose, say, in a poem or creative work, it is copyright infringement! Today IPWatchdog is recognized as the leading sources for news and information in the patent and innovation industries. I = 0 You keep saying that merger doesnt apply. What the Supreme Court did was rule only on Fair Use. (a) Steering (b) Blockbusting (c) Redlining (d) Channeling, The Fair Housing Act of 1968 prohibits discrimination based on which of the following? Which of the following most accurately represents the license requirements of those selling cooperative units? You miss the entire point. (c) The Orlando broker is immune from FREC disciplinary action because he was working with a Florida real estate licensee. This term is also used when referring to a "declaration of informal marriage," which is the document that . You are aware that is exactly backwards right? Even Sun, the developer of Java, thought Google was in the right. (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. The source code is what is copyrighted. (a) Age (b) Marital status (c) Occupation (d) National origin, Which legislation prohibited discrimination based on religion? Which of the following best describes a tenancy at will? Now I know that you are not following what I have been saying.

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