- 32 - The mere fact that sound or video recordings can be digitally represented does not transform them into computer software. Computer software is fundamentally different from motion pictures and sound recordings. Within the purview of the parenthetical, (1) “films, tapes, and records” are content specific, and (2) “similar reproductions” refers to “films, tapes, and records” on media that might be invented in the future. In sum, we hold that copyrights in computer software do not constitute section 927(a) “export property”. Support for this holding is found in the temporary regulation to which we now turn our attention. 2. Interpretation of the Temporary Regulation Generally, temporary regulations have binding effect and are entitled to the same weight as final regulations. See UnionBanCal Corp. v. Commissioner, 113 T.C. 309, 316 (1999); Peterson Marital Trust v. Commissioner, 102 T.C. 790, 797 (1994), affd. 78 F.3d 795 (2d Cir. 1996). We interpret temporary regulations in toto rather than phrase by phrase. See Norfolk Energy, Inc. v. Hodel, 898 F.2d 1435, 1442 (9th Cir. 1990). The temporary regulation comports with the language of the statute. It succinctly states that, although copyrights do not constitute export property, copyrighted articles, such as computer software, do qualify as long as the article is not accompanied by a right to reproduce outside the United States. Permitting a rightPage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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