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In the instant case, that is accomplished through the promotional
efforts of Names. Accordingly, we conclude that Names'
activities in distributing data cards and other forms of
advertising directed to list brokers and potential mailers on
petitioner's behalf are royalty-related activities.
Additionally, to protect the value of its mailing list, a
list owner will not allow the individuals and entities whose
names appear on the list to receive mail that the list owner
considers objectionable. Accordingly, the list owner must engage
in activities to ensure that the list is rented only to
appropriate mailers. Consequently, we conclude that Names'
activities in clearing with petitioner all list orders, either by
applying petitioner's standing instructions or by directly
communicating with petitioner, are royalty-related activities.
To exploit its intangible and convey it to the user, the
list owner must also render it in tangible form. In the list
rental context, that is accomplished by producing a copy of the
list for the mailer. Consequently, we conclude that Names'
activities in forwarding the order to Triplex for fulfillment and
obtaining from Triplex a copy of the rental list are royalty-
related activities.
Finally, the owner of the intangible is entitled to be paid
for its use. Accordingly, we conclude that Names' activities in
billing the mailer, paying Triplex, and remitting payment to
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