Sec. 1231 prоperty must sаtisfy а hоlding periоd of more thаn one year.
Yоu аre аn independent technicаl expert hired by SkyVault (Defendant), a clоud stоrage startup. You are analyzing a copyright claim filed by DriveBox (Plaintiff), a legacy storage provider. DriveBox claims that SkyVault infringed on their copyright by copying the "Look and Feel" and the "Menu Command Hierarchy" of their user interface. You are preparing a preliminary opinion for SkyVault's legal counsel. Fact Sheet: Source A (Lotus v. Borland, 1995): The Supreme Court let stand a ruling that a "menu command hierarchy" (the specific ordering of commands like File > Print) is a "method of operation". Copyright law does not protect methods of operation, only expression. This ensures that users do not have to relearn how to operate software when switching products. Source B (Apple Computer v. Microsoft Corp., 1993): The court ruled that "Scènes à faire" (standard scenes) applies to software. If a visual element (like a trash can icon or a window) "necessarily flows from a commonplace idea," it is not protected by copyright. Source C (Merger Doctrine): When there is only one or a limited number of ways to express an idea, the expression is not protected because it has "merged" with the idea. Exhibit A (DriveBox - Plaintiff): Shows a navigation menu on the left side with the specific order: File > New > Upload > Share. The center screen features a standard folder list. The "Upload" button uses a generic "Cloud with Up-Arrow" icon. Exhibit B (SkyVault - Defendant): Shows a navigation menu on the left side with the exact same order: File > New > Upload > Share. The center screen also features a standard folder list. The "Upload" button uses a "Cloud with Up-Arrow" icon that is slightly more rounded. Prompt: Write a risk assessment memo to the lead attorney evaluating the strength of DriveBox’s claim regarding the Menu and the Icon. Requirements: 250 words maximum. Exceeding 250 words will result in an ungraded assessment. Assign Risk: Argue that the risk of infringement is LOW by citing the above sources. Use the Evidence: You must incorporate facts from the provided sources to prove your point. Tone: Professional and objective. Assume the attorney knows the law but needs you to apply the technical facts to that law. Citations: You must cite the sources using brackets at the end of the sentence whenever you use their information. For example: The company controls less than a third of the market (Source A).