Microsoft Corporation - Page 29




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         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.          








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