- 16 - H. International Retail Channel In 1990 and 1991, petitioner exported shrink-wrapped software2 products (made in the United States) to its CFC’s for distribution to end users outside the United States. In addition, petitioner licensed its CFC’s the rights to duplicate and distribute shrink- wrapped software packages outside the United States pursuant to CFC (or product localization) agreements. In most instances, the CFC’s localized petitioner’s software and then manufactured copies of the localized software for distribution as shrink-wrapped products. The CFC’s in Ireland (Microsoft Ireland), Japan (Microsoft Japan), Korea (Microsoft Korea), and Taiwan (Microsoft Taiwan) reproduced, packaged, and distributed retail products for the international retail channel, as well as white box products for the international OEM channel. (A “retail” product consisted of an individual copy of the software marketed in a decorative retail box (shrink-wrapped software), containing software-loaded storage media, user manuals, and other documentation. A “white box” product consisted of software-loaded media and product documentation packaged in a plain white box, intended to deter separate retail sales by a foreign OEM.) Microsoft Ireland manufactured both retail 2 Shrink-wrap packaging consisted of packing the software-loaded diskettes with manuals and other printed materials in shrink-wrapped boxes bearing graphics, product information, trademark registrations, trade names, and other trade dress. The warehousing operation consisted of storing and shipping the shrink-wrapped software packages.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011