- 9 - 5.25-inch diskettes, and 3.5-inch diskettes. The software masters remained petitioner’s property and were unavailable for distribution to third parties. After petitioner provided the foreign OEM or CFC with a software master, the licensee stored the information on a network computer and archived the master for security or production purposes. Upon transfer to the network, the licensee’s duplication equipment accessed the digital information to initiate duplication runs. E. Petitioner’s Export Transactions Petitioner distributed its computer software products worldwide. In connection with its sales abroad, petitioner used two types of channels: (1) The foreign OEM channel, and (2) the international retail channel. The products distributed through these channels were duplicated both in the United States and abroad. Petitioner’s international revenues (from both the foreign OEM and retail channels) constituted 54.9 percent of petitioner’s total revenues for 1990 and 57.3 percent for 1991. F. Foreign OEM Channel Petitioner’s foreign OEM channel consisted of computer manufacturers that installed petitioner’s software directly into the hard drive of a computer and/or “bundled” software-encoded media along with the computer. The foreign OEM’s distributed petitioner’s computer software as a component of their own computer systems.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011