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visual depictions of child pornography to his computer. The statute
in question made it a crime to possess “3 or more books, magazines,
periodicals, films, video tapes, or other matter” containing the
offending depictions. 18 U.S.C. 2252(a)(4)(B). The Court of
Appeals held that because “matter” appeared at the end of a list of
physical media capable of containing images, “other matter”
containing any visual depiction of a minor engaging in sexually
explicit conduct means a physical medium that contains visual
depiction. United States v. Lacy, supra at 748; accord United
States v. McKelvey, 203 F.3d 66 (1st Cir. 2000); see also United
States v. Daury, 215 F.3d 257 (2d Cir. 2000); cf. United States v.
Vig, 167 F.3d 443, 448 (8th Cir. 1999); United States v. Hall, 142
F.3d 988, 999 (7th Cir. 1998).
Petitioner’s reliance on Lacy is misplaced. Lacy construed
different words, within a different statute, in a different context.
It is irrelevant to the issue before us.
5. Conclusion
Computer software does not come within the purview of the
parenthetical. Accordingly, we hold that copyrights in computer
software masters are not export property for purposes of determining
section 924 FTGR’s.
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