Re Ingersoll -Rand Co. V. McClendon, Page 57 Essays - Business, Law

Re: Ingersoll - Rand Co. v. McClendon, page 57 Date: 1-4-99 Realities: Perry McClendon, offended party, was a representative of Ingersoll-Rand Co., respondent, for a long time. Offended party felt he was terminated shy of his ten years of administration so litigant could stay away from annuity commitments. Offended party sued for improper release. Respondent contends that offended party's precedent-based law guarantee was acquired by the ERISA (Employee Retirement Income Security Act). Contentions: Offended party: Wrongful release Respondent: Terminated voluntarily and customary law case was acquired by ERISA arrangements. ISSUE(S) An ERISA plan exists and the business had an annuity crushing rationale in firing the work of offended party. HOLDING: EIRSAs express language and its structure and reason exhibit a congressional expectation to pre-empt a state precedent-based law guarantee that a worker was unlawfully released to forestall his achievement of advantages under an ERISA secured plan. Choice: For Defendant. Investigation: General Rule of Law: The effect of this instance of business today is recognizable in activities where you see organizations offering early retirement bundles to diminish workforce measure and furthermore maintain a strategic distance from unjust end suits. This case has held partnerships progressively accoutable for ending. Contextual investigation states if offended party would have sued for annuity benefits rather than illegitimate end the result would have been in support of himself. Rule applied to realities: The Texas court conceded the organization synopsis judgment and the State Court of Appeals asserted, deciding that offended party's business was limited voluntarily. The State Supreme Court turned around and remanded for preliminary, holding that open arrangement required acknowledgment of an exemption to the business freely tenet. Consequently, recuperation would be allowed in an unfair release activity if the offended party could demonstrate that the chief explanation behind his end was the business' longing to abstain from adding to or paying advantages under the representative's annuity subsidize. In recognizing government cases holding comparable cases pre-empted by the Employee Retirement Income Security Act of 1974, the court contemplated that offended party was looking for future lost wages, recuperation for mental anguish, and reformatory harms as opposed to lost benefits. Disagreeing sentiment: None given

Groupon - Daily Deal Aggregator Business Model Essay Example for Free

Groupon Daily Deal Aggregator Business Model Essay Targets 1. Picking an organization with an Innovative Business Model Groupon Groupon is an arrangement of-the day site that highlights limited blessing endorsements usable at neighborhood or national organizations. It depends on the day by day bargain aggregator plan of action. Groupon was propelled in November 2008, and the principal showcase for Groupon was Chicago, followed before long by Boston, New York City, and Toronto. By October 2010, Groupon served in excess of 150 markets in North America and 100 markets in Europe, Asia and South America and had 35 million enrolled clients. Notwithstanding age of incomes, offering every day bargains on Groupon has end up being helpful for different organizations. New companies have picked up piece of the overall industry by offering worthwhile arrangements for clients on Groupon and pulling in them to their organizations. When these organizations gain their underlying portion of clients, it gets simpler for them to hold these clients and even pull in new ones, with the assistance of giving quality item or administration. Different organizations, household and universal, have picked up by regularly giving day by day bargains on Groupon. 2. Dissecting the Business Model and Identifying the Innovation The Groupon Innovation Groupon is a day by day bargain site viewed as one of the best ten inventive Business Models with an immense client base of 83 million across 43 nations. Groupon sells coupons in a special manner; As referenced above, Groupon follows Daily arrangement Aggregator Business Model which empowers gatherings of individuals who need to buy a specific item or administration to join and afterward look for a volume rebate from merchants. These limits are as day by day bargains/coupons for items or administrations. Day by day Deal sites typicallyâ offer a solitary item or administration daily for a markdown and these arrangements become substantial simply after a pre-indicated number of individuals join to benefit this arrangement. At the point when the arrangement lapses, or sells out, the offer is no more. Every day Deal sites regularly offer one item or administration daily for a rebate. This Business Model diminishes chance for retailers who post the offers; They can regard the coupons as amount limits just as deals advancement apparatuses. Groupon brings in cash by keeping roughly a large portion of the cash the client pays for the coupon. For instance, a $80 hair style could be bought by the customer for $40 through Groupon, and afterward Groupon and the retailer would part the $40. That is, the parlor gives a hair style esteemed at $80 and gets roughly $20 from Groupon for it (under a half/half split). The buyer gets the hair style, in this model, from the parlor for which they have paid $40 to Groupon. In contrast to ordered publicizing, the vendor doesn't pay any forthright expense to take part: Groupon gathers individual data from willing clients and afterward contacts just those clients, basically by every day email, who may conceivably be keen on a specific item or administration. Groupon breaks into new markets by distinguishing fruitful nearby organizations, first by sending in a development various representatives to pick up information about the neighborhood advertise; when it finds a business with exceptional audits, sales reps approach it and clarify the model, and utilize social showcasing locales, for example, Facebook to additionally advance the thought. Groupon’s greatest quality is its client base which has become because of its First Mover Advantage and reasonable arrangements. The inquiry, be that as it may, at present is the manageability of the plan of action. As indicated by the CEO, Andrew Mason, Groupon is attempting to â€Å"fundamentally change the way that individuals purchase from nearby organizations similarly that web based business changed the way that individuals purchase products.† 3. Breaking down the Market Scenerio Present Scenerio in the market The rise of many contenders to Groupon, with clients much of the time setting up one site to contend with another, reduces the serious separation between them. Likewise, vendors whose merchandise and ventures are included on the locales are currently being sought by more players, making them less faithful and less inclined to be set up to pay rich premiums for the destinations guiding new clients to their store areas. Further, the advantages to the two clients and dealers are probably going to drop as the market is overwhelmed with same sort of offers. Besides, a portion of its large adversaries are upheld by some significant financing and building assets. LivingSocial is supported by Amazon it developed gross incomes 32 percent from August to September, reinforced by a blockbuster Whole Foods bargain. Littler players like TravelZoo and Bloomspothave their own favorable circumstances; They will in general be progressively centered around a specific specialty. Aside from rivalry, there are likewise the issues of tax assessment; States including New York have concluded vendors should gather deals burdens on the full presumptive worth of things bought, not the value that buyers really pay.

Strategies for Getting Through a Panic Attack

Strategies for Getting Through a Panic Attack Panic Disorder Coping Print Strategies for Getting Through a Panic Attack By Katharina Star, PhD facebook linkedin Katharina Star, PhD, is an expert on anxiety and panic disorder. Dr. Star is a professional counselor, and she is trained in creative art therapies and mindfulness. Learn about our editorial policy Katharina Star, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on July 29, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on September 22, 2019 Tim Kitchen/The Image Bank/Getty Images More in Panic Disorder Coping Symptoms Diagnosis Treatment Related Conditions In This Article Table of Contents Expand Take a Breath Loosen Up Change Your Mind Confront Panic Follow Recommendations View All Back To Top If you suffer from panic attacks, then youve been there before. You experience difficulty breathing, rapid heart rate, muscle tension, and dizziness. These physical sensations are often accompanied by negative and frightening thoughts. You may fear losing control of yourself and quite possibly your sanity. Despite these overwhelming feelings, there are ways you can regain a sense of control when panic strikes. Below are some simple tips you can use to help ease common symptoms of a panic attack. Take a Breath Panic attacks can literally feel like they are taking your breath away. You may feel like you are hyperventilating, choking, or experiencing shortness of breath. Managing your changes in breathing can be the key to reducing panic symptoms. During an attack, try to bring your attention to your breath. How to Direct Your Breath Start by breathing slowly and purposely. This will counteract the shallow breathing characterized by most attacks. If possible, place your hands on your stomach and fill your belly with breath. When you inhale, you will feel your center rise and expand. As you exhale, it will then contract inward. These deliberate breaths will assist in soothing your body and mind. It may also be helpful to count each breath. Such as counting your first full breath in and out as one, the next breath in and out as two, and so on. This will not only help you breathe better, but it will also help you feel calmer by distracting your mind. The Benefits of Box Breathing for Stress Management Loosen Up When panic sets in, you may notice pain, numbness, and overall tensions throughout your body. By spending a few moments trying to relax your body, you can start to improve some of your physical discomforts. Letting go of this strain will also help relieve your anxious thoughts. Work your way up to your entire arm, tightening and loosening each set of muscles, moving from the forearm up to the shoulder. Then switch to the left side. Do the same for your legs, starting with your right foot. Continue to focus on separate muscle groups, including your back and shoulders, until you have worked your way all the way up to the top of your head. Dont forget to relax your facial muscles, as there is often a lot of tension held there. Try to soften your forehead, relax your jaw, and ease your neck. Change Your Mind Even when in full-blown panic mode, you may logically recognize that your fears are exceeding what is warranted by the situation. Despite wanting the panic to stop, your thoughts may be keeping you from feeling calm. When faced with negative thoughts  associated with a panic attack, try to distract your mind and refocus. As the panic attack takes its course, divert your attention to more pleasant thoughts. Instead of fearing the situation you are in, try thinking about the positive aspects of your life, such as a loved one, a beloved pet, or a favorite leisure activity. It may be helpful to think about something that makes you laugh or to visualize a tranquil scene. You can try to think of a funny joke or imagine a beautiful sunset. Affirm more positive statements to yourself. For example, repeat to yourself, I am okay, I am safe, or This will pass. Over time your negative thinking pattern will begin to give way to more encouraging views. Can I Stop a Panic Attack From Happening? Confront Panic One of the most effective ways to start managing panic attacks is to persistently face your fears. If your attacks are situational, such as being in crowds, try not to avoid these situations. Such exposure will help you to work through panic and will send the message to your fears that you are ultimately in control of them. If your panic attacks are unpredictable, meaning that no particular triggers bring them on, you will also need to tackle the panic as it comes. Remember that by becoming self- aware during a panic attack, even when it comes on unexpectedly, can help you cope with its symptoms. Remain aware of how youre feeling and remind yourself that it will not overtake you. Follow Treatment Recommendations Your physician or health care provider may recommend medication to help treat your panic attacks. Anti-anxiety medications, known as benzodiazepines, can provide fast relief for panic symptoms. Frequently prescribed benzodiazepines include Xanax (Alprazolam), Ativan (Lorazepam), Valium (Diazepam), and Klonopin (Clonazepam). Benzodiazepines are generally prescribed during the initial treatment phase as a short-term remedy for panic attacks. Antidepressants, such as Prozac (Fluoxetine), and Zoloft (Sertraline), are a commonly prescribed type of medication used in more long-term prevention of panic attacks. Since antidepressants can take several weeks to be effective, it is important to take them consistently to improve your symptoms. Benzodiazepines Short-term relief Take shortly before a panic-inducing situation, like prior to boarding an airplane or giving a speech Antidepressants Long-term prevention   Take daily to help alleviate feelings of anxiety and weaken strength and duration of panic attacks   Next time you are met with a panic attack, apply these techniques so that you can begin to regain some control. Keep in mind that these strategies wont work every time or for everyone, but try them out and see what helps you. These skills will be most effective if you practice them when you are not in a state of panic. By rehearsing them, they will become easier to use and will be more ingrained in your memory for when you will need them the most. You may also want to write them down and keep them with you so that you have them during panic-inducing situations. With patience, perseverance, and consistency, your panic attacks can be managed. You are most likely much braver than you think you are. Over time, you may begin to recognize your own courage as you continue to conquer panic attacks. Find Relief With An Online Anxiety Support Groups

Pride and Prejudice Plot Synthesis - 1337 Words

The novel Pride and Prejudice is a romantic comedy, by Jane Austen. Pride and Prejudice is a story about an unlikely pair who goes through many obstacles before finally coming together. Pride is the opinion of oneself and prejudice is how one person feels others perceive them. The novel, Pride and Prejudice, uses plot, the characters of Mr. Fitzwilliam Darcy and Miss Elizabeth Bennet, and the status of women and social standing, to portray the theme of the novel - pride and prejudice. The plot of the novel follows traditional plot guidelines; although there are many small conflicts, there is one central conflict that sets the scene for the novel. The novel is about an embarrassing; mismatched couple and their five daughters. The†¦show more content†¦Elizabeth Bennet, the other main character of the novel, is just as guilty of being proud, as any of the other characters in the novel. She prides herself on being unprejudiced and rational in the judgment of others. These false qualities are revealed when she is proved wrong in her judgment of not only Mr. Darcy, but of Mr. Wickham also. At the time of Mr. Darcy’s proposal, she turned him down saying, Your character was unfolded in the recital which I received many months ago from Mr. Wickham. On the subject, what can you have to say? In what imaginary act of friendship can you here defend yourself? Or under what misrepresentation can you here impose on others? She is stating that she feels Mr. Da rcy is cruel to Mr. Wickham, and this example she has is a perfect example of his cruel character. When she receives the letter from Mr. Darcy she realizes that the cruel one is in fact Mr. Wickham, who is now reveled to be a money hungry liar. Also in this same scene it says, His sense of her inferiority - of its being degradation - of the family obstacles which judgment had always opposed to inclination were dwelt on with warmth which seemed due to the consequence he was wounding†¦ In this portion of the scene, Mr. Darcy was cutting down the unsophistication of her family members, that although was true, Elizabeth was much too proud to listen to his accusations and accept the truth.Show MoreRelatedFlannery O’Connors Revelation and the Power of Religion Essay1316 Words   |  6 Pagesphilosophy. As Flannery O’Connor said, â€Å"In Good Fiction, certain of the details will tend to accumulate meaning from the action of the story itself, and when this happens they become symbolic in the way they work.† (487). The significance is not in the plot or the actual events, but rather the meaning is between the lines. In Flannery O’Connor’s short story â€Å"Revelation,† the dynamic character of Mrs. Turpin serves as an ideal lens to examine humanity; the transformation from a woman of hypocrisy toRead MoreFlannery O Connor s Revelation1307 Words   |  6 Pagesphilosophy. As Flannery O’Connor said, â€Å"In Good Fiction, certain of the details will tend to accumulate meaning from the action of the story itself, and when this happens they become symbolic in the way they work.† (487). The significance is not in the plot or the actual events, but rather the meaning is between the lines.   In Flannery O’Connor’s short story â€Å"Revelation,† the dynamic character of Mrs. Turpin serves as an ideal lens to examine humanity; the transformation from a woman of hypocrisy toRead MoreTheme Of Kill A Mockingbird By Harper Lee2681 Words   |  11 Pagesto the plot of the summary because during that time was the great depression and racism was especially common in the south, where lynching rose from 8 in 1932 to 28 in 1933 (Library of Congress). Scout is a white girl, who is more privileged than some other children since her dad works, and so being exposed to racism has disturbed her innocent views, and with Atticus’s parenting she becomes to oppose racism- unlike other white children who bully Scout for her dad helping a black man. Plot DiagramRead MoreNew World Order in Conspiracy Theory13987 Words   |  56 Pagesindoctrinates  cosmopolitanism. 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Seniors Guide Online Banking - 1488 Words

Seniors’ Guide to Online Banking. Welcome to the first edition of the Seniors’ Guide to Online Banking. Seniors represent a growing population of loyal customers in most financial institutions in the Province of Saskatchewan and even the country as a whole. Unfortunately most seniors have not been able to cope up with the rate of technological changes in the Banking Industry. The sad thing is that almost all financial institutions treat seniors just like generation X and Y folks when it comes to the use of Digital Banking. Seniors need special care and treatment in this area. It is true that banks have done very well by improving banking products and making them accessible to all especially to seniors. This has become very popular and a†¦show more content†¦Ã¢â‚¬ ¢ And what one has to do after using online banking Section B: deals with the basic step by step process to access popular banking products such as †¢ Paying Bills Online †¢ Making eTransfers †¢ Making Cheque Deposits †¢ Setting up Alerts on your Accounts †¢ Changing password and security questions †¢ Section C: deals with the common frauds associated with online banking and how to prevent it Topics such as the following as discussed †¢ Social Engineering †¢ Phishing †¢ Credit Card fraud †¢ Identity theft and fraud †¢ Advance Fee Fraud ONLINE BANKING Online banking also known as internet banking, e-banking, or virtual banking, is an electronic payment system that enables customers of a bank or other financial institution to conduct a range of financial transactions through the financial institution s website. The tools commonly used are computers, smartphones and in a limited sense telephone. It is faceless and borderless in that you do not see or interact with Bank staff as it is in the traditional systems. The transaction can also be done anywhere and anytime without any restrictions. All you need is either smartphone or a computer. The good news is that almost all the popular banking products are also available online. You can pay bills, view your account balances, and locate ATMs, transfer funds and even deposit cheques, all at any time to your convenience. In short, it is fast, safe, flexible, convenient and secure. Looking at theShow MoreRelatedHow Technology Has Changed Our New Set Of Skills And Practices1040 Words   |  5 Pagesworld today, as seen by continuous revelations about breaches and incidents. On this note of insecurity and unpredictability, banking industry is keen to redefine its approach to security thereby making an attempt to balance three critical factors i.e. cost, innovation and risk. 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Lakota Woman Review Free Essays

Lakota Woman mary crow dog The book, Lakota Woman, written by Mary Crow Dog, gave the reader a personal view of the feelings shared by most Indians living in the United States during this present day. The book dealt with the time period of Crow Dog’s life along with some references to past events. Crow Dog attempted to explain the hostility felt towards the white men in the United States by the surviving Indian population. We will write a custom essay sample on Lakota Woman Review or any similar topic only for you Order Now She used her own life as an example in many instances to give the reader a personal perspective. The main point in writing this book was to present the reader with the Indian viewpoint on how they were treated and what the effects of that treatment has done to their people over the years. From the beginning of the book it becomes evident that not all Indians are the same. Mary Crow Dogs grandparents grew up during a time when the United States was trying to â€Å"civilize† the Indians by forcing them to abandon their customs in favor of a Christian lifestyle. Most Indians took offence to that proposition, but some did not. Crow Dog’s grandmother was one of the Indians who would have been termed as a successful convert. She adopted the Christian faith and was raising her grandchildren to accept Jesus in their lives. Crow Dog admitted the Jesus part sounded good, it was the beatings at the hands of the nuns and the awful food served to them at the boarding school that tainted their views of Christianity. Indians who accepted the white man’s ways were called half bloods. Crow Dog said, â€Å"The general rule is that whoever thinks, sings, acts, and speaks Indian is a skin, a full-blood, and whoever acts and thinks like a white man is a half-blood or breed, no matter how Indian he looks. † (49) This division among their own people often created hostility and sometimes led to violence. Another problem was the rage felt inside of the warriors who were having their lifestyle taken from them. These were men who were used to hunting for their food which in turn gave them a feeling of pride. Being held on a reservation took their spirit and crushed it. It led to heavy drinking among a large amount of the male Indian population which sometimes led to violence against women. Crow Dog suggested that these men were acting out because they could not hunt and perform their duties as Indian males. The book spoke about the different religious ceremonies and the spirituality exemplified by the Indian people. The use of the pipe along with the Willow tree tobacco, the various dances performed, and the infusion of religion in every aspect of the Indians life showed the reader how important religion is to the Indian people. Because of that knowledge, it was appalling to read how Leonard Crow Dog’s religious rights were violated and mocked in prison. The basic right of being able to freely practice a religion was denied to Crow Dog while incarcerated. The AIM, or American Indian Movement, was formed in order to bring to light the hardships faced by the Indians living in the United States and took a huge part in the Wounded Knee incident. Crow Dog was a member of that organization and married Leonard who was one of the group’s leaders. Power is a theme that is seen throughout the book in various forms. Crow Dog spoke of the power felt during certain Indian customs such as smoking the peace pipe or performing the Ghost Dance. Another form of power was seen when the doctors at the hospital took Crow Dog’s sisters baby and killed it. As if that was not enough, her sister was sterilized so she could not have any more Indian children. Crow Dog made sure that would not happen to her own child who was born at Wounded Knee. The show of force by the military at Wounded Knee was another example of the power exerted by the white men on the Indians. The fabricated charges brought against Leonard Crow Dog which resulted in his incarceration showed the power the government held and was willing to use against the Indians. The Indian women show their own version of power by making it their duty to procreate in order to replace the population of warriors who were lost defending the cause. Another theme running through the book is anger. Not surprisingly, Crow Dog and a good majority of her people felt that something was taken from them without their permission. Because they harbor those feelings, they believe it is ok to do things like steal from stores owned by white people. They justify their actions because they feel they are getting their revenge against the white people who stole from them. Taking Wounded Knee over and performing the Ghost Dance was a way to show the white man that they were not going to be taken advantage of any longer. They were not going to let the white men stop them from performing their sacred ceremonies and change their way of life. The Indians took their anger against the white man and used it as fuel. Crow Dog spoke of the hardships she had to deal with living as Leonard Crow Dogs wife. Initially she was not interested in Leonard Crow Dog, but years later she found herself married to him and acting as his main support line during his incarceration. When Leonard was released from prison she described how they had to become reacquainted with each other. Life was extremely challenging for Mary Crow Dog but she stood by her husband’s side and provided the support he needed. After being released, Mary Crow Dog would follow Leonard to various places around the country where his help was needed to bring recognition to a person or groups issue. Her life was dedicated to Leonard and together they both fought for what they believed in. For Mary Crow Dog, her life as an Indian became complete when she took part in the Ghost Dance ceremony. Crow Dog was pierced in the traditional way and experienced the visions that her ancestors had for hundreds of years. She felt that she was finally a full blooded Indian after the ceremony which symbolized that her transition was complete. The author, Mary Crow Dog, is an Indian who has experienced the hardships of life living as an Indian under the conditions the United States Government has mandated for the Indian people. She gave the account of her life and co-authored the book along with Richard Erdoes. Crow Dog has also written Ohitika Woman, while Erdoes has written several books including Lame Deer, Seeker of Visions, The Sun Dance People, The Rain Dance People, The Pueblo Indians, and Crying for a Dream. Erdoes used Crow Dogs firsthand account as the basis for writing this book. The authors accomplished their goal of bringing the reader into the world of the Indians and presenting the difficulties they faced and had overcome over the years at the hands of the United States Government. I enjoyed the book. I felt that it informed the reader of the various problems the Indians have faced over the years and how some of those problems are still being dealt with. It showed the mistreatment of the Indians by the United States Government. It brought the reader into the world of the Indian and made you understand why their harbor resentment and hostility along with mistrust for white people and the government. I think this book is important for anyone who is looking to get an inside look into the bruised feelings of Indians and the reasons behind those feelings. The book provided an overview of what tribe life is like and did not hide the negatives like the drinking problems and abuse of women. Anybody who is looking for knowledge into the feelings of Indians will benefit greatly from this book. ——————————————– [ 1 ]. Mary Crow Dog and Richard Erdoes, Lakota Woman, (New York, N. Y. , Harper Perennial 1990) How to cite Lakota Woman Review, Essay examples

Napster First Amendment Right Essays - Virtual Communities

Napster: First Amendment Right? Napster: To Be or Not To Be Napster (http://www.Napster.com) is a company that operates exclusively online as a virtual music forum. Napster not only allows its visitors the ability to participate in ongoing discussions through its message board forums and online virtual chat rooms, but it also allows its visitors the capability to exchange music files (MP3s) with other Internet users. Because Napster is a virtual online public forum, Napster should be protected under the First Amendment. Under the First Amendment, we the people, are protected by these rights of freedom of speech and assembly. The idea of people coming together in one specific area of the Internet and being able to talk about music is essentially a right of all Americans. We have the right to freedom of assembly and the right to freedom of speech. This is why Napster should not be shut down. Napster should be protected under the First Amendment. Wait!!!! What is a Napster? Shawn Fanning was a nineteen-year-old college student at Northeast University, when he first introduced his program Napster. Fanning had two loves: one was sports and the other was computers. As his curiosity grew for computers, he decided to stop playing sports. He then concentrated most of his time working with computers. He primarily focused on two aspects of the computer, programming and the Internet. During his freshman year at Northeast University, in 1998, Fanning was trying to enter computer science classes higher than the entry level (Jones, 2001, 1A). Not finding anything challenging about the courses he was enrolled in, Fanning decided to start writing a Windows based program in his spare time. He spent most of his time in chat rooms with experienced programmers who knew the ?tricks of the trade,? so to speak, of computer networking. Shawn's roommate loved music files, most commonly known as MP3's, but disliked most music sites that had limited music files available. He also disliked the idea of having to search endlessly from Website to Website for songs. Fanning, having this in mind, and his programming skills at hand, he wrote a program that he entitled Napster. He used the idea of all users being connected to one central computer server, and having access to each other's music files that users wished to share (?MTV News,? 2000, 1). Spoken in a more technical manner ?Napster makes its application software freely available for download by consumers from its website. This software allows users to connect their PCs to and participate in the Napster peer-to-peer file indexing system. Users are not required to share any files with others, either as a condition of using the Napster system or in order to obtain files from other users? (Reuters, 1999). In short, Napster is a facilitator that allows its users to trade music files. It was created by Fanning because other music-trading sites were in his view, unreliable. The idea of program sharing MP3s and giving people the ability to make customized compilation CDs (also known as burning a CD) of their favorite artists songs may sound brilliant to the users of Napster, but to the musicians whom creatively write the music, this is in their view, is a form of stealing. They have not only spent hours producing and writing music, but music is something that is published and copy-written. The Recording Industry Association of America (RIAA) is currently representing the band Metallica, rapper Dr. Dre, and five other major record labels, which are all plaintiffs in a copyright infringement and piracy lawsuit against Napster (Reuters, 1999). When the Napster software is downloaded on a computer hard drive, Napter serves as an online music community, where you can conduct a search of the other users songs (MP3 files) that are currently online. According to Fanning, ?There are consistently eight hundred thousand people using the Napster service, limited onl y by their