Sprint Corporation and Subsidiaries, f.k.a. United Telecommunications, Inc. - Page 38

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          1994), computer software can consist of three types of property:            
          The tangible computer tapes and disks, the intangible source code           
          found on the disks, and the intangible copyright rights.  Each of           
          these types of property must be analyzed separately, unless there           
          is some compelling reason to analyze them together.  A computer             
          program, which may be the creative expression of an idea, or an             
          unobvious improvement on existing technology or art, can be                 
          protected by copyright and/or patent.  Part of this property is             
          the copyright rights.  This intellectual property can exist in              
          multiple forms, such as on disk, tape, computer memory, or                  
          written out on paper.  An analysis must take place when a program           
          is purchased as to what exactly was purchased.  The components              
          must be identified, and it must be determined whether there is              
          any compelling reason to consider one or more of the components             
          together.                                                                   
               The fallacy of the Norwest approach, and the majority here,            
          is illustrated by considering that if the same property had been            
          transferred to Norwest (or Sprint), coupled with a copyright                
          right, then the property would become intangible.  Further,                 
          consider that if software was purchased in one year, and the next           
          year the right to reproduce and sell was acquired, where the                
          controlling factor for character determination is the presence of           
          that right, then the property would be tangible in year 1 and               
          intangible in year 2, despite the fact that it was the same                 
          property.                                                                   




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