Norwest Corporation and Subsidiaries - Page 20

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          separate and apart from its physical manifestation, the tapes.              
          In other words, by holding that the computer software in issue              
          was intangible property, this Court concluded that the                      
          inextricable connection between the seismic data and the tapes              
          and film in Texas Instruments, Inc. v. United States, supra, does           
          not exist between a computer program and its tangible residences.           
          In Comshare, Inc. v. United States, 27 F.3d 1142 (6th Cir. 1994),           
          the Sixth Circuit found no significant distinction between sound            
          waves and brain waves in relation to the physical embodiment of             
          any resulting information.  The analysis made by the Sixth                  
          Circuit brings into question the distinction relied on by us in             
          Ronnen v. Commissioner, supra, and prompts us to reexamine the              
          basis for that distinction.                                                 
               For the purposes of applying the intrinsic value test as               
          interpreted by this Court, there is no fundamental difference               
          between seismic data and a computer program.  Seismic data                  
          theoretically exists in the geologic features of the subterrain             
          in the same way that a computer program theoretically exists in             
          the mind of its creator.  Similar to a computer program, seismic            
          data may exist in various forms and occupy numerous tangible                
          residences in that it can be embodied in field tapes, output                
          tapes, analog film, or even seismic pictures.  The compilation of           
          both types of information requires human exertion.                          
               Those who see a distinction between seismic data and a                 
          computer program may contend that the fundamental difference                




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