- 32 - JACOBS, J., dissenting: The majority ruling today overturns this Court's firmly established jurisprudence by holding that computer software is tangible personal property, eligible for the investment tax credit. I believe the majority is wrong; therefore, I dissent.1 I. Preliminary Matters A. Software's Encoded Information Is Intellectual Property, Which Is Intangible Preliminarily, computer software possesses both tangible and intangible characteristics. Computer programs like the ones in issue are configurations of executable code that instruct a computer to process data in a specified manner. The encoded information is intangible property; the computer tapes and disks on which the information is embodied is tangible property. Comshare, Inc. v. United States, 27 F.3d 1142, 1145 (6th Cir. 1994). Although a program may be perfectly reproduced onto numerous tangible residences, the program itself is inherently intellectual property. And intellectual property is intangible property. B. Purchaser of Software Only Interested in Using the Intellectual Property Contained on Tapes and Disks When one acquires computer software, the item desired is the intellectual property stored on the tangible disk or tape, i.e., the computer program, not the disk or tape itself. See Bank of 1 I was the trial Judge in this case. The majority opinion adopted my findings of fact. The adopted findings of fact are accurate.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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