- 29 - copyrighted work distributed on machine-readable media, existing or emergent, in addition to “films, tapes, and records”. To restate the parties’ positions: in concluding that copyrights in computer software do not constitute export property, respondent asserts that “films, tapes, and records” are content- specific and that “similar reproductions” refers to “films, tapes, and records” on media that might be invented in the future. Conversely, in concluding that copyrights in computer software constitute export property, petitioner asserts that “films, tapes, and records” are media-specific, denoting the tangible media upon which images, sounds, and/or other information is recorded and stored, and that “similar reproductions” means any information that can be recorded on a recording medium (such as reel-to-reel films, Betamax or VHS videocassettes, DVD’s, vinyl records, reel-to-reel tapes, 8-track tapes, cassette tapes, diskettes, hard disk drives, and CD’s). E. Analysis 1. Statutes As a general rule, patents, inventions, copyrights, and other intangibles are not granted export property treatment for purposes of FSC benefits; rather, they are “excluded property”. Sec. 927(a)(2)(B). We believe the exception (contained in the parenthetical) to this general rule should be narrowly interpreted.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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