Norwest Corporation and Subsidiaries - Page 32

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               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.                                                                   




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