Vision Information Services, L.L.C., Irene Correia, Tax Matters Partner - Page 8

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               We read the license agreement to provide specifically that             
          Nordic was licensing the Software to Vision and that Vision could           
          sublicense the Software to FoxVideo.  The agreement, for example,           
          granted Vision “an exclusive perpetual worldwide license” to use            
          the Software and allowed Vision to sublicense the Software to               
          FoxVideo for its use.  The agreement also stated that the license           
          to Vision “is not a sale”, that “Except as otherwise provided               
          herein, title and all proprietary rights (patents, trade secrets,           
          copyrights and trade marks) to the Software, and any copy made by           
          Vision are held by Nordic”, and that the “Software is copyrighted           
          and is protected by United States and International Copyright               
          Laws.”  Petitioner makes no mention of these quoted statements,             
          or the fact that the parties to the license agreement went to               
          great lengths to include them within that agreement.  Nor does              
          petitioner explain how Vision could have sold the Software to               
          FoxVideo when the Software was not owned, but merely licensed, by           
          Vision.  Indeed, petitioner does not even rebut the fact that               
          Nordic licensed the Software to Vision and specifically                     
          acknowledges this fact when petitioner states that the license              
          agreement resulted in Vision’s having a license to use the                  
          Software.                                                                   
               We also read the Vision agreement to provide similarly that            
          Vision licensed and did not sell the Software to FoxVideo.  This            
          agreement states that Vision sublicensed the Software to FoxVideo           






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Last modified: May 25, 2011