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base load module from a software library onto a blank magnetic
tape, pulling down other existing modules from the software
library to meet design specifications, and manually installing
various “data information” and translation codes onto the tape.
Three copies of the software load were made, two being sent to
Sprint and one being retained solely for safety reasons by NTI.
NTI technicians then installed the custom software load on the
particular switch for which it was designed. Once installed, the
custom software load was tested and validated by NTI technicians.
An invoice from NTI indicates that, on a particular switch, of
532 total hours to develop the software load, 500 hours were
spent writing the software blueprint and testing and validating
the installed software. There was little or no time actually
spent writing new software for the digital switch, and there was
no evidence as to how many preexisting modules were used.
Once the equipment became operational, software load updates
were periodically provided by the manufacturers. If there was a
new feature to be added, it was done at the time of the periodic
update. The time required to effect those modifications varied
between 100 and 160 man-hours. If the hardware of the switch was
moved to a different geographic location, a new custom software
load would be prepared utilizing the same steps.
Nature of Sprint's Possession of the Software
The direct sales agreement between petitioner and NTI
provided a warranty as to the software loads. Provided that
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