Microsoft Corporation - Page 33




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         to reproduce abroad would facilitate reproduction activity outside           
         the United States.  That is not the result intended.                         
              The temporary regulation contains four sentences.  The first            
         sentence is virtually identical to the language of the statute.  It          
         states that intangibles (other than certain copyrights) are not              
         export property.                                                             
              The introductory clause of the second sentence applies the              
         general rule that a copyright is not export property, giving books           
         and computer software as examples of items subject to the general            
         rule (disqualifying intangibles).  The second sentence states that           
         a copyrighted article exported without the right to reproduce for            
         external use is export property (so long as the other requirements           
         are met).                                                                    
              The third sentence expands upon the second sentence.  Read              
         together, the two sentences provide that computer software on any            
         medium (i.e., magnetic tape, punched cards, or disks), if not                
         accompanied by a right to reproduce outside the United States, is            
         export property.  By rendering the medium irrelevant, the third              
         sentence distinguishes among copyrights based upon their content.            
              The fourth sentence is identical to the last sentence of                
         section 1.993-3(f)(3), Income Tax Regs.  It was therein inserted to          
         address the concern of the sound recording industry that the                 
         parenthetical was not written broadly enough to include its industry         
         practices.  Specific reference to computer software in the second            






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Last modified: May 25, 2011