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pictures and sound recordings when it enacted section 993(c)(2)(B)
(relating to DISCs) in 1971 and section 927(a)(2)(B) (relating to
FSC’s) in 1984. The parenthetical in both sections does not
explicitly refer to computer software masters.
Computer software causes a computer to perform countless
functions. Operating systems software makes a general-purpose
computer function by controlling (1) the operation of the computer’s
hardware components, (2) the execution of applications, (3) the
sequencing of tasks, and (4) the flow of information within the
computer system. When combined with data and the hardware
components of a computer system, computer software enables a
computer to enter, store, process, and display information, thereby
performing specific tasks. Without software, computers cannot
function. To illustrate, if an audio CD is placed in the CD drive
of a personal computer, it can be played only if a computer program
has been loaded into the computer that instructs the computer how to
play the CD. An audio CD does not make the computer function; the
computer software does. Removal of the audio CD does not remove the
ability of the computer to play a different audio CD. Yet if the
software is not installed, the audio CD cannot be played.
Unlike software, motion pictures and sound recordings do not
cause a computer to function. They are played on machines designed
to play them (but do not cause the machine to function).
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