Norwest Corporation and Subsidiaries - Page 6

                                        - 6 -                                         
          (compact disk read-only memory).5  Moreover, computer programs              
          can be received preinstalled on a computer's hard disk drive                
          (internal storage device) and can be transferred from one                   
          computer to another via electronic transmission over telephone              
          lines without the use of intervening tapes and disks.  Although             
          telephonic transmission was technologically possible during the             
          years in issue, it was slow and unreliable and, therefore, was              
          not a feasible method of transferring a large computer program.             
          All of the software in issue was delivered to petitioner as                 
          computer programs encoded on magnetic tapes and disks.  The                 
          software was purchased separately from computer hardware.                   
          Petitioner's Software Expenditures                                          
               All of the software expenditures in issue were for software            
          developed by third parties and sold to members of the Norwest               
          affiliated group for use in their banking and financial services            
          operations.  The software was either of a type available to the             
          general public or a specialized type of software used by                    
          financial institutions like petitioner.  The software was sold              
          subject to license agreements that entitled petitioner to use the           
          software on a nonexclusive, nontransferable basis for an                    
          indefinite or perpetual term.  Petitioner did not purchase any              
          exclusive copyright rights or other intellectual property rights            

          5    Although CD-ROM technology had been developed, it was not              
          widely used as a means of distributing software during the years            
          in issue.  Further, during the years in issue, punch cards had              
          become obsolete.                                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011