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As we discussed above, producing an intangible in tangible
form is necessary for the exploitation of the intangible.
Mailers that order petitioner's list on magnetic tape, instead
of, for example, on Cheshire labels, still receive only the one-
time right to mail to the names and addresses on the rental list.
It appears to us that the medium itself is of little or no value
to the mailer without the information it contains. Moreover, the
provision of the list on various media is also customary within
the mailing list industry and consistent with the rental of a
mailing list for one-time use only. Accordingly, we conclude
that Triplex's activities in printing a copy of petitioner's list
on the medium chosen by the mailer are royalty-related
activities.
Special selections are the means by which a mailer further
narrows the types of individuals and entities whose names will
appear on the list that the mailer orders. Certain mailers may
prefer a list consisting of only the names of female donors,
while others may prefer only the names of individuals or entities
within a specific State or ZIP code. The essence of a mailer's
order is the one-time right to use a portion of petitioner's
mailing list. We conclude that there is no significant
difference between, on the one hand, the rental of a list
consisting of all of the names of petitioner's supporters and, on
the other hand, the rental of a list consisting of only
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