Napster

For Napster, Inc. (formerly Roxio), and the paid Napster music service see Napster (pay service).
Napster logo: Cat wearing headphones.

Napster is an online music service which was originally a file sharing service created by Shawn Fanning. Napster was the first widely-used peer-to-peer music sharing service, and it made a major impact on how people, especially college students, used the Internet. Its technology allowed music fans to easily share MP3 format song files with each other, thus leading to the music industry's accusations of massive copyright violations. Although the original service was shut down by court order, it paved the way for decentralized P2P file-sharing programs, which have been much harder to control. The service was named Napster after Fanning's nickname.

Origins

Shawn Fanning first released the original Napster in the fall of 1999. Fanning wanted an easier method of finding music than by searching IRC or Lycos. John Fanning of Hull, Massachusetts, who is Shawn's uncle, helped him incorporate the company. The final documents gave Shawn 30% control of the company, with the rest going to his uncle. It was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provided, while actual transactions were conducted directly between machines. This is very similar to how instant messaging systems work. Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a friendly user-interface. The result was a system whose popularity generated a large selection of music to download.

At the time Napster was released, there was a general perception that the quality of new albums had decreased. Many people said that albums contained only one or two good songs, along with many low-quality "filler" songs. People praised Napster because it enabled them to obtain hit songs without having to buy an entire album (or indeed, pay at all). Napster also enabled people to obtain older songs, copies of music they had already paid for in another format, unreleased recordings, and songs from concert bootleg recordings. With the files obtained through Napster, people frequently made their own compilation albums on recordable CDs for free, without paying any royalties to the artist/composer or the estate of the artist/composer.

Legal challenges

Napster's facilitation of illegal activity raised the ire of several major recording companies, who almost immediately — in December 1999 — filed a lawsuit against the popular service,[1] (http://en.wikipedia.org/wiki/Napster#endnote_amrecords) already called a "a huge grassroots effort" by MP3 Newswire.[2] (http://en.wikipedia.org/wiki/Napster#endnote_grassroots) The service would only get bigger as the trial, meant to shut down Napster, also gave it a great deal of publicity. Soon millions of users, many of them college students, flocked to it.

Heavy metal band Metallica discovered that a demo of their song "I Disappear" had been circulating across the Napster network. This eventually led to the song being played on several radio stations across America. The band responded in 2000 by filing a lawsuit against the Napster service. The lawsuit was a failure, but 300,000 Napster users were banned from the service for sharing Metallica mp3s. Later that year, Madonna became irate when one of her singles leaked out on to the web and Napster prior to its commercial release, causing widespread media coverage.[3] (http://en.wikipedia.org/wiki/Napster#endnote_madonna) Napster use peaked with 26.4 million users worldwide in February 2001.[4] (http://en.wikipedia.org/wiki/Napster#endnote_peak)

At the time, the lawsuit puzzled Napster users and supporters. To them, it seemed that file sharing was inevitable on the Internet, and it was not Napster's fault that people used the service to share copyrighted files. These users viewed Napster as a simple search engine. Many argued that any attempt to shut down Napster would simply lead to people using a different medium to exchange files over the Internet. Similarly, many supporters of Napster were concerned about the media's constant use of the word "site" to describe the service, a word which seems to imply that Napster was distributing files itself rather than facilitating their exchange.

Shutdown

After a failed appeal to the Ninth Circuit Court, an injunction was issued on March 5, 2001 ordering Napster to prevent the trading of copyrighted music on its network.[5] (http://en.wikipedia.org/wiki/Napster#endnote_injunction) In July 2001, Napster shut down its entire network in order to comply with the injunction. On September 24, 2001, the case was partially settled. Napster agreed to pay music creators and copyright owners a $26 million settlement for past, unauthorized uses of music, as well as an advance against future licensing royalties of $10 million. In order to pay those fees, Napster attempted to convert their free service to a subscription system. A prototype solution was tested in the spring of 2002: the Napster 3.0 Alpha, using audio fingerprinting technology licensed from Relatable. Napster 3.0 was, according to many former Napster employees, ready to deploy, but it had significant trouble obtaining licenses to distribute major-label music.

On May 17, 2002, Napster announced that its assets would be acquired by German media firm Bertelsmann AG for $8 million. Pursuant to terms of that agreement, on June 3 Napster filed for Chapter 11 protection under United States bankruptcy laws. On September 3, 2002, an American bankruptcy judge blocked the sale to Bertelsmann and forced Napster to liquidate its assets according to Chapter 7 of the U.S. bankruptcy laws.[6] (http://en.wikipedia.org/wiki/Napster#endnote_blocked) Most of the Napster staff were laid off, and the website changed to display "Napster was here".

Promotional power

With all the accusations that Napster was destroying the record industry there were those who felt just the opposite, that file trading on Napster actually stimulated, rather than hurt, sales. Proof may have come in April 2000 when tracks from Radiohead's album Kid A found their way to Napster three months before the CD's release. Unlike Madonna, Radiohead never hit the top 20 in the US. Furthermore, it was an experimental album that received little promotion and almost no radio airplay. As Richard Menta of MP3 Newswire described,[7] (http://en.wikipedia.org/wiki/Napster#endnote_kida) it was a perfect vehicle to test this theory as the effect of Napster was isolated from other elements that could be credited for driving sales.

By the time of the record's release Kid A had been downloaded by millions of people worldwide. The record industry braced for the worst, but then came the big surprise. Kid A not only broke the top 20, it captured the number one spot on the charts in its debut week. The record beat out the CDs of some of the most heavily marketed artists of the time including Madonna and Eminem. In the absence of any other force that could account for this success Menta declared this was proof that Napster was a promotional power.

Final fate

After a 2.4 million dollar offer by the Private Media Group, an "adult entertainment company",[8] (http://en.wikipedia.org/wiki/Napster#endnote_porn) Napster's brand and logos were acquired at bankruptcy auction by the company Roxio, Inc. which used them to rebrand the Pressplay music service as Napster 2.0. As of 2005, this new service has met with moderate success.

Although the central servers used by Napster made it a convenient legal target, the record industry failed to capitalize on the power vacuum left in its wake. The years between Napster's demise and the emergence of the iTunes Music Store as the first popular pay-service were squandered as the five major labels bickered amongst themselves, launching the user-unfriendly, restrictive, and mutually incompatible subscription services Pressplay and MusicNet.[9] (http://en.wikipedia.org/wiki/Napster#endnote_musicnetpressplay)

In the meantime, the peer-to-peer filesharing (or P2P) trend Napster started soon resumed, with new programs and networks picking up the torch. Unofficial Napster servers proliferated, aided by a program known as "Napigator", and a second generation of P2P protocols (including FastTrack and Gnutella) were quickly developed. Designed as decentralized networks, these have been much more challenging for copyright owners to pursue in the courts (see MGM vs. Grokster, decision currently pending).

The ever-widening availability of broadband has made file sharing even more prevalent, since with increasing download speeds mean the distribution of entire movies and other large files is possible. An emerging and cryptographically strong third generation of P2P protocols will likely be nearly impossible to interdict. In a very real sense, Shawn Fanning can be called the man who opened a Pandora's Box.

Cultural references

In the 2003 remake of The Italian Job, a flashback depicts Shawn Fanning stealing the program from a computer expert played by Seth Green while the latter is napping, depicting a humorous folk etymology of the name.

The suffix "-ster" has become a popular component of the brand names of many internet products, suggesting a peer-to-peer model, such as Grokster, Aimster (later Madster), Blubster. This has also been extended to Friendster, a site which vaguely recalls Napster's community-building features.[10] (http://en.wikipedia.org/wiki/Napster#endnote_blogster), [11] (http://en.wikipedia.org/wiki/Napster#endnote_sxsw)

References

  1. ^  A & M Records, Inc. v. Napster, Inc., 114 F. Supp. 2d 896 (N.D. Cal. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. 2001)
  2. ^  Menta, Richard: "RIAA Sues Music Startup Napster for $20 Billion (http://www.mp3newswire.net/stories/napster.html)", MP3 Newswire, (December 9, 1999)
  3. ^  Borland, John: "Unreleased Madonna Single Slips On To Net (http://news.com.com/2100-1023-241341.html?legacy=cnet)", CNET News.com, (June 1, 2000)
  4. ^  Jupiter Media Metrix (July 20, 2001). Global Napster Usage Plummets, But New File-Sharing Alternatives Gaining Ground (http://www.comscore.com/press/release.asp?id=249). Press Release.
  5. ^  2001 US Dist. LEXIS 2186 (N.D. Cal. Mar. 5, 2001), aff’d, 284 F. 3d 1091 (9th Cir. 2002).
  6. ^  Evangelista, Benny: "Napster runs out of lives – judge rules against sale (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/09/04/BU138263.DTL)", San Francisco Chronicle, (September 4, 2002)
  7. ^  Menta, Richard: "Did Napster Take Radiohead's New Album to Number 1? (http://www.mp3newswire.net/stories/2000/radiohead.html)", MP3 Newswire, (October 28, 2000)
  8. ^  "Porn company offers to buy Napster (http://news.com.com/2100-1023-957784.html?tag=fd_top)", CNET News.com, (September 12, 2002)
  9. ^  Dube, Ric. (February 2002). MusicNet, PressPlay Fall Short (http://www.icemagazine.com/digital/dd_179.shtm). Ice Magazine, (179).
  10. ^  Grimmelmann, James: "Blogster (http://www.laboratorium.net/archives/Blogster.html)", The Laboratorium, (July 18, 2003)
  11. ^  Abrams, Jonathan. SXSW Interactive Keynote Speech (http://blog.fastcompany.com/archives/2004/03/16/what_the_heck_is_social_networking.html#more). South by Southwest Festival. Austin, TX. March 16, 2004.

This page about Napster includes information from a Wikipedia article.
Additional articles about Napster
News stories about Napster
External links for Napster
Videos for Napster
Wikis about Napster
Discussion Groups about Napster
Blogs about Napster
Images of Napster

This has also been extended to Friendster, a site which vaguely recalls Napster's community-building features.[10] (http://en.wikipedia.org/wiki/Napster#endnote_blogster), [11] (http://en.wikipedia.org/wiki/Napster#endnote_sxsw). Vermont has also designated an official state mineral (talc), pie (apple pie), soil ("Tunbridge Soil Series"), beverage (milk), and gem (grossular garnet), and fossil (the beluga skeleton at the University of Vermont's Perkins Geology Museum.). The suffix "-ster" has become a popular component of the brand names of many internet products, suggesting a peer-to-peer model, such as Grokster, Aimster (later Madster), Blubster. 126 of the Acts of 1997, is the Northern Leopard Frog (Rana pipiens). In the 2003 remake of The Italian Job, a flashback depicts Shawn Fanning stealing the program from a computer expert played by Seth Green while the latter is napping, depicting a humorous folk etymology of the name. The state amphibian, adopted by No. In a very real sense, Shawn Fanning can be called the man who opened a Pandora's Box. The honeybee is also the state insect of ten other states—Arkansas, Kansas, Georgia, Louisiana, Maine, Missouri, New Jersey, Utah, West Virginia, and Wisconsin.

An emerging and cryptographically strong third generation of P2P protocols will likely be nearly impossible to interdict. 124 of the Acts of 1978, effective July 1, 1978. The ever-widening availability of broadband has made file sharing even more prevalent, since with increasing download speeds mean the distribution of entire movies and other large files is possible. The state insect is the honeybee (Apis mellifera), designated by No. Grokster, decision currently pending). The Morgan horse is a horse breed originally from Vermont. Designed as decentralized networks, these have been much more challenging for copyright owners to pursue in the courts (see MGM vs. 42 of the acts of 1961, effective March 23, 1961.

Unofficial Napster servers proliferated, aided by a program known as "Napigator", and a second generation of P2P protocols (including FastTrack and Gnutella) were quickly developed. The state mammal is the Morgan horse, designated as such by No. In the meantime, the peer-to-peer filesharing (or P2P) trend Napster started soon resumed, with new programs and networks picking up the torch. (The sugar maple is also the state tree of Wisconsin). The years between Napster's demise and the emergence of the iTunes Music Store as the first popular pay-service were squandered as the five major labels bickered amongst themselves, launching the user-unfriendly, restrictive, and mutually incompatible subscription services Pressplay and MusicNet.[9] (http://en.wikipedia.org/wiki/Napster#endnote_musicnetpressplay). The sugar maple is the source of maple syrup, Vermont's most famous export. Although the central servers used by Napster made it a convenient legal target, the record industry failed to capitalize on the power vacuum left in its wake. The state tree is the sugar maple (Acer saccharum), adopted by the Acts of 1949, effective March 10, 1949.

As of 2005, this new service has met with moderate success. Vermont has two official state fish, both adopted by Joint Resolution R-91 of the Acts of 1978 and effective on May 3, 1978: the cold-water fish, brook trout (Salvelinus fontinalis) and the warm-water fish, the walleye pike (Stizosedion vitreum vitreum). which used them to rebrand the Pressplay music service as Napster 2.0. The red clover is often seen in the countryside of Vermont but was originally naturalized from Europe. After a 2.4 million dollar offer by the Private Media Group, an "adult entertainment company",[8] (http://en.wikipedia.org/wiki/Napster#endnote_porn) Napster's brand and logos were acquired at bankruptcy auction by the company Roxio, Inc. 159 of the Acts of 1894, effective February 1, 1895. In the absence of any other force that could account for this success Menta declared this was proof that Napster was a promotional power. The red clover (Trifolium pratense) was designated as the state flower by No.

The record beat out the CDs of some of the most heavily marketed artists of the time including Madonna and Eminem. Many legislators actually favored the blue jay (Cyanocitta cristata) or the crow. Kid A not only broke the top 20, it captured the number one spot on the charts in its debut week. The bird was only designated after debate in the legislature; though the hermit thrush is found in all of 14 counties and has a distinctive sweet call, it left the state during the winter for its yearly southward migration. The record industry braced for the worst, but then came the big surprise. 1 of the Acts of 1941, effective June 1, 1941. By the time of the record's release Kid A had been downloaded by millions of people worldwide. This was adopted as No.

As Richard Menta of MP3 Newswire described,[7] (http://en.wikipedia.org/wiki/Napster#endnote_kida) it was a perfect vehicle to test this theory as the effect of Napster was isolated from other elements that could be credited for driving sales. The state bird is the hermit thrush (Catharus guttatus). Furthermore, it was an experimental album that received little promotion and almost no radio airplay. This song replaced "Hail to Vermont!," which was written by Josephine Hovey-Perry and made the state song in 1938. Unlike Madonna, Radiohead never hit the top 20 in the US. 99 of the Acts of 2000 into law. Proof may have come in April 2000 when tracks from Radiohead's album Kid A found their way to Napster three months before the CD's release. This song was officially designated as the state song on May 22, 2000, when Governor Howard Dean signed No.

With all the accusations that Napster was destroying the record industry there were those who felt just the opposite, that file trading on Napster actually stimulated, rather than hurt, sales. Vermont's state song is "These Green Mountains," written by composed by Diane Martin and arranged by Rita Buglass Gluck. bankruptcy laws.[6] (http://en.wikipedia.org/wiki/Napster#endnote_blocked) Most of the Napster staff were laid off, and the website changed to display "Napster was here". The state song and state symbols are designated by act of the state legislature and confirmed by the governor. On September 3, 2002, an American bankruptcy judge blocked the sale to Bertelsmann and forced Napster to liquidate its assets according to Chapter 7 of the U.S. There are nine prisons in Vermont:. Pursuant to terms of that agreement, on June 3 Napster filed for Chapter 11 protection under United States bankruptcy laws. The Vermont prison system is administered by Vermont Department of Corrections.

On May 17, 2002, Napster announced that its assets would be acquired by German media firm Bertelsmann AG for $8 million. Crime per capita is generally very low. Napster 3.0 was, according to many former Napster employees, ready to deploy, but it had significant trouble obtaining licenses to distribute major-label music. Current state law, however, allows children as young as ten years to be tried as adults, the lowest age limit currently specified by any of the 50 states. A prototype solution was tested in the spring of 2002: the Napster 3.0 Alpha, using audio fingerprinting technology licensed from Relatable. Capital punishment was effectively abolished in practice in 1964, with the statutes being completely removed in 1987. In order to pay those fees, Napster attempted to convert their free service to a subscription system. After 1930 there were four executions; the last was in 1954.

Napster agreed to pay music creators and copyright owners a $26 million settlement for past, unauthorized uses of music, as well as an advance against future licensing royalties of $10 million. Vermont is one of twelve states that have no death penalty statute. After a failed appeal to the Ninth Circuit Court, an injunction was issued on March 5, 2001 ordering Napster to prevent the trading of copyrighted music on its network.[5] (http://en.wikipedia.org/wiki/Napster#endnote_injunction) In July 2001, Napster shut down its entire network in order to comply with the injunction. On September 24, 2001, the case was partially settled. Colleges and universities include:. Similarly, many supporters of Napster were concerned about the media's constant use of the word "site" to describe the service, a word which seems to imply that Napster was distributing files itself rather than facilitating their exchange. One voting member is a high school student; the non-voting member is another Vermont high school student who is a junior member and will move into the voting student member position the following year. Many argued that any attempt to shut down Napster would simply lead to people using a different medium to exchange files over the Internet. The public school system in Vermont is regulated by the Vermont State Board of Education, which consists of nine voting members and one non-voting member, appointed by the governor with the advice and consent of the State Senate.

These users viewed Napster as a simple search engine. see also: Vermont locations by per capita income. To them, it seemed that file sharing was inevitable on the Internet, and it was not Napster's fault that people used the service to share copyrighted files. Wealth of locations by per capita income:. At the time, the lawsuit puzzled Napster users and supporters. Major cities:. Later that year, Madonna became irate when one of her singles leaked out on to the web and Napster prior to its commercial release, causing widespread media coverage.[3] (http://en.wikipedia.org/wiki/Napster#endnote_madonna) Napster use peaked with 26.4 million users worldwide in February 2001.[4] (http://en.wikipedia.org/wiki/Napster#endnote_peak). 11.4 percent of state residents described themselves as nonreligious, and around 1 percent identified as agnostics.

The lawsuit was a failure, but 300,000 Napster users were banned from the service for sharing Metallica mp3s. Other religions such as Islam, Hinduism, and Buddhism have very few adherents. The band responded in 2000 by filing a lawsuit against the Napster service. The 2001 Shengold Jewish Encyclopedia reported that the state has 5,000 Jews—300 in Burlington and 500 each in Montpelier-Barre and Rutland—and four Reform and two Conservative congegations. This eventually led to the song being played on several radio stations across America. Judaism and Unitarian Universalism claim around 1 percent of the state's population. Heavy metal band Metallica discovered that a demo of their song "I Disappear" had been circulating across the Napster network. and Brigham Young—the first two leaders of the Church of Jesus Christ of Latter-day Saints—were both born in Vermont, Mormons have never made up a large percentage of Vermont's population.

Soon millions of users, many of them college students, flocked to it. Although Joseph Smith, Jr. Napster's facilitation of illegal activity raised the ire of several major recording companies, who almost immediately — in December 1999 — filed a lawsuit against the popular service,[1] (http://en.wikipedia.org/wiki/Napster#endnote_amrecords) already called a "a huge grassroots effort" by MP3 Newswire.[2] (http://en.wikipedia.org/wiki/Napster#endnote_grassroots) The service would only get bigger as the trial, meant to shut down Napster, also gave it a great deal of publicity. The largest single Protestant denomination is the United Methodist Church, with 5 percent of the population, followed by Episcopalians, and Baptists. With the files obtained through Napster, people frequently made their own compilation albums on recordable CDs for free, without paying any royalties to the artist/composer or the estate of the artist/composer. 45.5 percent of Vermonters are self-identified Protestants. Napster also enabled people to obtain older songs, copies of music they had already paid for in another format, unreleased recordings, and songs from concert bootleg recordings. A self-identification survey in 1990 found that 36.7 percent of Vermonters consider themselves to be Catholics, although a Church survey that same year reported that only 25% of Vermonters were actually members, indicating that many Catholics don't attend church regularly and are not formally affiliated with the church.

People praised Napster because it enabled them to obtain hit songs without having to buy an entire album (or indeed, pay at all). The state's largest single religious body is the Roman Catholic Church. Many people said that albums contained only one or two good songs, along with many low-quality "filler" songs. Nearly 84 percent of Vermont residents identify themselves as Christians. At the time Napster was released, there was a general perception that the quality of new albums had decreased. Today, most of the religious data about the state comes from 1990 (see Hunter). The result was a system whose popularity generated a large selection of music to download. Only 9 percent of people belonged to a church at the time.

Although there were already media which facilitated the sharing of files across the Internet, such as IRC, Hotline, and USENET, Napster specialized exclusively in music in the form of MP3 files and presented a friendly user-interface. At the time, however, most settlers were not church members, because much of the land was wilderness. This is very similar to how instant messaging systems work. In 1776, 63 percent of affiliated church members in Vermont were Congregationalists. It was the first of the massively popular peer-to-peer file sharing systems, although it was not fully peer-to-peer since it used central servers to maintain lists of connected systems and the files they provided, while actual transactions were conducted directly between machines. Like many of the neighboring states, Vermont's largest religious affiliation in the colonial period was Congregationalism. The final documents gave Shawn 30% control of the company, with the rest going to his uncle.
.

John Fanning of Hull, Massachusetts, who is Shawn's uncle, helped him incorporate the company. The five largest ancestry groups are:. Fanning wanted an easier method of finding music than by searching IRC or Lycos. Among the 50 states and the District of Columbia, Vermont ranks:. Shawn Fanning first released the original Napster in the fall of 1999. and:. The service was named Napster after Fanning's nickname. Vermont's population is:.

Its technology allowed music fans to easily share MP3 format song files with each other, thus leading to the music industry's accusations of massive copyright violations. Although the original service was shut down by court order, it paved the way for decentralized P2P file-sharing programs, which have been much harder to control. Census Bureau reports Vermont’s 2000 population as 608,827, and estimates its 2003 population as 619,107. Napster was the first widely-used peer-to-peer music sharing service, and it made a major impact on how people, especially college students, used the Internet. The U.S. Napster is an online music service which was originally a file sharing service created by Shawn Fanning.
. March 16, 2004. production.

Austin, TX. In 2001, Vermont produced 1,040,000 liters of maple syrup, about a quarter of the U.S. SXSW Interactive Keynote Speech (http://blog.fastcompany.com/archives/2004/03/16/what_the_heck_is_social_networking.html#more). South by Southwest Festival. Vermont's government has responded with a series of laws controlling development and with some pioneering initiatives to prevent the loss of Vermont's dairy industry. ^  Abrams, Jonathan. In recent years, Vermont has been deluged with plans to build condos and houses on what was relatively inexpensive, untouched land. ^  Grimmelmann, James: "Blogster (http://www.laboratorium.net/archives/Blogster.html)", The Laboratorium, (July 18, 2003). For many years Vermont was also the headquarters of the smallest union in the USA, the Stonecutters Association, of about 500 members.

Ice Magazine, (179). The town of Rutland is the traditional center of marble quarrying and marble shaping in the USA. MusicNet, PressPlay Fall Short (http://www.icemagazine.com/digital/dd_179.shtm). In the winter, the mountains in Vermont have enough snow to make skiing a viable industry. (February 2002). One major fashion outlet mall isn't really a mall but the old town of Manchester gentrified. ^  Dube, Ric. Golf courses are springing up with spas to service the weary client.

^  "Porn company offers to buy Napster (http://news.com.com/2100-1023-957784.html?tag=fd_top)", CNET News.com, (September 12, 2002). Several noteworthy horse shows are annual events. ^  Menta, Richard: "Did Napster Take Radiohead's New Album to Number 1? (http://www.mp3newswire.net/stories/2000/radiohead.html)", MP3 Newswire, (October 28, 2000). Trout fishing, lake fishing and even ice fishing draw the outdoorsman to the state as does the excellent hiking on the Long Trail. ^  Evangelista, Benny: "Napster runs out of lives – judge rules against sale (http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2002/09/04/BU138263.DTL)", San Francisco Chronicle, (September 4, 2002). Numerous summer camps, furniture-making and skiing also make up a large component of Vermont's income. 2002). According to the Insurance Information Institute, Vermont in 2004 was the world's third-largest domicile for captive insurance companies, following Bermuda and the Cayman Islands.

3d 1091 (9th Cir. There are also significant tax advantages to be gained from the formation and operation of captive insurance companies. 5, 2001), aff’d, 284 F. With this form of alternative insurance, large corporations or industry associations form standalone insurance companies to insure their own risks, thereby substantially reducing their insurance premiums and gaining a significant measure of control over types of risks to be covered. Mar. Captive insurance plays an increasingly large role in Vermont's economy. LEXIS 2186 (N.D. Cal. Examples of these are such exports as Cabot Cheese, the Vermont Teddy Bear Company, Burton Snowboards, King Arthur Flour, and Ben and Jerry's Ice Cream (headquartered in South Burlington).

^  2001 US Dist. A unique part of Vermont's economy is the manufacture and sale of novelty goods and foods for cottage industries and niche markets. Press Release. Of the remaining industries, dairy farming is the primary source of agricultural income. Global Napster Usage Plummets, But New File-Sharing Alternatives Gaining Ground (http://www.comscore.com/press/release.asp?id=249). Today, much of Vermont's forest consists of second-growth. ^  Jupiter Media Metrix (July 20, 2001). The accompanying lack of industry has allowed Vermont to avoid many of the ill-effects of 20th century industrial busts, effects that still plague neighboring states.

^  Borland, John: "Unreleased Madonna Single Slips On To Net (http://news.com.com/2100-1023-241341.html?legacy=cnet)", CNET News.com, (June 1, 2000). Although these population shifts devastated Vermont's economy, the early loss of population had the beneficial effect of allowing Vermont's land and forest to recover from the excesses of human beings. ^  Menta, Richard: "RIAA Sues Music Startup Napster for $20 Billion (http://www.mp3newswire.net/stories/napster.html)", MP3 Newswire, (December 9, 1999). Logging similarly fell off as over-cutting and the exploitation of other forests made Vermont's forest less attractive. 2001). First settled by farmers, loggers and hunters, Vermont lost much of its population as farmers moved West into the Great Plains in search of abundant, easily-tilled land. 2000), aff'd in part, rev'd in part, 239 F.3d 1004 (9th Cir. Over the past two centuries, Vermont has seen both population explosions and population busts.

Cal. See also: Music of Vermont. 2d 896 (N.D. The largest professional francise is the Vermont Expos, a single-A minor league baseball team based in Burlington. Supp. No major professional sports teams are based in Vermont. v. Napster, Inc., 114 F. Brattleboro also hosts the summertime Strolling of the Heifers parade which celebrates Vermont's unique dairy culture.

^  A & M Records, Inc. The Brattleboro-based Vermont Theatre Company presents an annual summer Shakespeare festival. The Vermont Symphony Orchestra is supported by the state and performs throughout the area. Vermont has many festivals, including the Vermont Maple Festival, the Enosburg Falls Dairy Festival, the Marlboro Music Festival, and the Mozart Festival. House of Representatives, Vermont's single at-large congressional district is represented by Bernard Sanders, an independent representative and socialist who served as the mayor of Burlington.

Unusually, like its neighbor New Hampshire, Vermont tends to elect more independents than other states; in the U.S. Jeffords was a former Republican but left the party in 2001 as a result of political disagreements and now caucuses with the Democrats. Senate, Vermont is represented by Senator Patrick Leahy, a Democrat, and Senator James Jeffords, an independent. In the U.S.

Appointments to the state supreme court, superior court, and district courts are made by the governor and approved by the General Assembly. Judges on lower courts are elected on a partisan ballot. Superior courts in the state are made up of eight judges serving a term of six years. The Vermont Supreme Court is the state supreme court, made up of five justices who served six year terms. Like the governor, members of the General Assembly serve two-year terms.

The Senate is composed of 30 state senators, while the House of Representatives has 150 members. The Vermont's state legislature is the Vermont General Assembly, a bicameral body composed of the Vermont House of Representatives (the lower house) and the Vermont Senate (the upper house). Unlike other states, Vermont does not have a term limit for the governor. The current governor of Vermont is Jim Douglas, who assumed office in 2003.

state). Vermonters independently elect a state Governor and Lieutenant Governor every two years (as opposed to every four years, which is the most common term length for a governor of a U.S. Provision is made for the following governing institutions under the Constitution of the State of Vermont. The age of consent in Vermont is 16.

Arthur. Vermont is the birthplace of former presidents Calvin Coolidge and Chester A. The Vermont Progressive Party is a small, left-wing political party created in the early 1980s and has held a handful of seats in the Vermont legislature for two decades and is affiliated with Vermont's lone congressman, Bernie Sanders; it has had official recognition as a political party by the state government since 1999. In the early 1960s many progressive Vermont Republicans and newcomers to the state helped bolster the State's then-small Democratic Party.

The Republican Party dominated Vermont politics throughout most of the late 1800s and into the early 1900s. With a campaign budget of $201, Tuttle garnered 55 percent of the primary vote, before conceding the general election to Patrick Leahy. In 1998, a 79-year-old local man named Fred Tuttle won national attention by defeating a Massachusetts multimillionare in the Republican Primary for United States Senate. Attempts by out-of-state candidates (so called "flatlanders") to win a seat in Vermont have often been thwarted by locals.

Vermont is the home state of the only two current members of the United States Congress who do not associate themselves with a political party: Representative Bernard Sanders and Senator James Jeffords. Vermont (1999) the Vermont Supreme Court ruled that, under the Constitution of Vermont, the State of Vermont must either allow same-sex marriage or provide a separate but equal status for them. The state legislature chose the second option by creating the institution of civil union; the bill, which was supported by over half of the state's voters, was passed by the legislature, and signed into law by Governor Howard Dean. In Baker v. The most recent controversy to stir up major political conflict in the state was the adoption of civil unions, an institution which grants same-sex couples nearly all the rights and privileges of marriage.

The Vermont government maintains a proactive stance with regards to the environment, social services and prevention of urbanization. Vermonters are known for their political independence and liberal views. See also: List of forts in Vermont. Another flood occurred in 1973, when the flood caused the death of two people and the loss of millions of dollars in property damage.

During this incident, 85 people died, 84 of them in Vermont. Large-scale flooding occurred in early November 1927. The first election in which women were allowed to vote was on December 18, 1880, when women were granted limited suffrage and were allowed to vote in school board elections. This unit remains the hardest-fighting brigade in the history of the United States military.

The most famous Vermont unit was the hard-fighting First Vermont Brigade. Vermont also sent over 30,000 men into the service of the Union Army, of which some one out of three did not return, a higher proportion of men sent and lost than any other state. Young ordered his troops to burn the town down, but the four-ounce bottles of Greek fire they had brought failed to work. One townsperson was killed and another wounded.

As the banks were being robbed, eight or nine of the Confederates held the townspeople prisoner on the village green as their horses were stolen. They announced that they were Confederate soldiers and stole a total of $208,000. Just before 3:00 p.m., the group simultaneously staged an armed robbery of the three banks in the town. By October 19, there was 21 men.

John's in Canada for a "sporting vacation." Every day, two or three more young men arrived. Young and two others checked into a local hotel on October 10, saying that they had come from St. Albans, Vermont, a quiet town 15 miles from the Canadian border. Young was commissioned as a Lieutenant and returned to Canada, where he recruited other escaped rebels to participate in the October 19, 1864 raid on St.

Morgan went to the south, where he proposed Canada-based raids on the Union as a means of building the Confederate treasury and forcing the Union army to protect their northern border as a diversion. Young had been captured in John Hunt Morgan's 1863 raid in Ohio, but escaped to Canada in the fall of that year. Young led Confederate forces. In this incident, one of the most unusual in American history, Bennett H.

The northernmost land action of the American Civil War took place in Vermont on October 19, 1864. Vermont had a unicameral legislature until 1836. In 1791, Vermont joined the Union as the 14th member–the first state to enter the union after the original 13 colonies, and a counterweight to Kentucky, which was admitted to the Union shortly afterward. Thomas Chittenden, who came to Vermont from Connecticut in 1774, acted as President of Vermont from 1778 to 1789 and from 1790 to 1791.

Vermont continued to govern itself as a sovereign entity based in the eastern town of Windsor for 14 years. Stark became widely known as the "Hero of Bennington" and the anniversary of the battle became a legal holiday in Vermont, known as "Bennington Day.". The battle is seen as the turning point in the Revolutionary War because it was the first major defeat of a British general and it convinced the French that the Americans were worthy of military aid. They are ours, or this night Molly Stark sleeps a widow!" With reinforcements from the Vermont militia, American forces routed the British, leading to the surrender of John Burgoyne's 6000-man force at Saratoga on October 17.

Stark prepared his men to fight to the death, telling them that: "There are your enemies, the redcoats and the Tories. Ordered to retreat by Continental Army leaders, Stark had refused and instead led his men to fight the British troops and Hessian mercenaries. However, Vermont men played the most important role in the battle and were led by General John Stark and Colonel Seth Warner of Vermont. On August 16, 1777, the Battle of Bennington took place, not at Bennington but just across the New York border.

The tavern has been preserved as the Old Constitution House, administered as a state historic site. This was the first written constitution in North America and the first to constitutionally provide for the abolition of slavery, suffrage for men who did not own land, and public schools. On July 4, the Constitution of Vermont was drafted at the Windsor Tavern owned by Elijah West during a violent thunderstorm, and was adopted by the delegates after four days of debate. The delegates set the time for a meeting one month later.

Thomas Young of Philadelphia, a supporter of the delegates who wrote a letter advising them on how to achieve statehood. On June 2, a second convention of 72 delegates met at Westminster, known as the "Westminster Convention." At this meeting, the delegates adopted the name "Vermont" on the suggestion of Dr. For the first six months of the republic's existence, the state was called New Connecticut. On January 18, 1777, representatives of the New Hampshire Grants convened in Westminster and declared their land an independent republic.

This resulted in the deaths of Daniel Houghton and William French in the "Westminster Massacre.". When a New York judge arrived in Westminster with New York settlers in March 1775, violence broke out as angry citizens took over the courthouse and called a sheriff's posse. In 1770, Ethan Allen—along with his brothers Ira and Levi, as well as Seth Warner—recruited an informal militia, the Green Mountain Boys, to protect the interests of the original New Hampshire settlers against the new migrants from New York. The grants sparked a dispute with the New York governor, who began granting charters of his own for New Yorker settlement in Vermont.

The situation resulted in the New Hampshire Grants, a series of 135 land grants made between 1749 and 1764 by New Hampshire's colonial governor, Benning Wentworth. This still left New Hampshire and New York with conflicting claims to the land. In 1741, George II ruled that Massachusetts's claims in Vermont and New Hampshire were invalid and fixed Massachusetts's northern boundary at its present location. The Province of New Hampshire also claimed Vermont based upon a decree of George II in 1740.

The Province of New York claimed Vermont based on land granted to the Duke of York (later King James II) in 1764. The Province of Massachusetts Bay claimed the land on the basis of the 1629 charter of the Massachusetts Bay Colony. Three colonies laid claim to the area. A fort at Crown Point had been built, and the Crown Point Military Road streched from the east to the west of the Vermont wilderness from Springfield to Chimney Point, making traveling from the neighboring British colonies easier than ever before.

The end of the war brought new settlers to Vermont. Following France's loss in the French and Indian War, the 1763 Treaty of Paris gave control of the land to the British. The British renamed the fort Fort Ticonderoga (which became the site of two later battles during the American Revolutionary War). Fort Carillon on the New York-Vermont border, a French fort constructed in 1755, was the site of two British offensives under Lord Amherst's command: the unsuccessful British attack in 1758 and the retaking of the following year with no major resistance (most of the garrison had been removed to defend Quebec, Montreal, and the western forts).

During the French and Indian War, some Vermont settlers, including Ethan Allen, joined the colonial militia assisting the British in attacks on the French. The second British settlement was the 1761 founding of Bennington in the southwest. These settlements were made by the Province of Massachusetts Bay to protect its settlers on the western border along the Connecticut River. This fort protected the nearby settlements of Dummerston and Brattleboro in the surrounding area.

The first permanent British settlement was established in 1724 with the construction of Fort Dummer in Vermont's far southeast under the command of Lieutenant Timothy Dwight. One year later a group of Mohawks burnt the settlement to the ground, leaving only chimneys and giving the area its name. The French were driven out of the area and retreated to other forts along the Richelieu River. Frédéric four times between 1755 and 1758; in 1759 a combined force of 12,000 British regular and provincial troops under Sir Jeffrey Amherst captured the fort.

The British attempted to take the Fort St. The government encouraged French colonization, leading to the development of small French settlements in the valley. The fort, when completed, gave the French control of the New France/Vermont border region in the Lake Champlain Valley and was the only permanent fort in the area until the building of Fort Carillon more than 20 years later. Here they constructed a small temporary wooden stockade (Fort de Pieux) on what was Chimney Point until work on Fort St. Frédéric began in 1734.

In 1731, the French arrived. This settlement and trading post was directly across the river from Crown Point, New York (Pointe à la Chevelure). In 1690, a group of Dutch-British settlers from Albany under Captain Jacobus de Warm established the De Warm Stockade at Chimney Point (eight miles west of Addison). During the later half of the 17th century, non-French settlers began to explore Vermont and its surrounding area.

This was the first European settlement in Vermont and the site of the first Roman Catholic mass. France claimed Vermont as part of New France, and erected Fort Sainte Anne on Isle La Motte in 1666 as part of their fortification of Lake Champlain. On July 30, 1609, French explorer Samuel de Champlain claimed the area of what is now Lake Champlain, giving to the mountains the appellation of les Verts Monts (the Green Mountains). The first European to see Vermont is thought to be Jacques Cartier, in 1535.

The population in 1500 is estimated to be around 10,000 people. Sometime between 1500 and 1600, the Iroquois drove many of the smaller native tribes out of Vermont, later using the area as a hunting ground and warring with the remaining Abenaki. From 1000 BCE to 1600 CE was the Woodland Period, when villages and trade networks were established, and ceramic and bow and arrow technology was developed. During the era Native Americans migrated year-round.

From 7000 to 1000 BCE was the Archaic Period. Between 8500 to 7000 BCE, glacial activity created the Champlain Sea, and Native Americans inhabited and hunted in Vermont. The western part of the state was originally home to a small population of Algonquian-speaking tribes, incuding the Mohican and Abenaki peoples. Little is known of the pre-Columbian history of Vermont.

The highest recorded temperature was 105 degrees Fahrenheit (41 degrees Celsius), at Vermon on July 4, 1911; the lowest recorded temperature was –33 degrees Fahrenheit (–36 degrees Celsius), at Bloomfield on July 4, 1933. That this famous display occurs so abundantly in Vermont is not due so much to the presence of a particular variant of the tree; it rather results from a number of soil and climate conditions unique to the area. In the autumn, Vermont's hills experience an explosion of red, orange and gold foliage caused by the sugar maple. Annual snowfall averages between 60 to 100 inches depending on elevation, giving Vermont some of New England's best cross-country skiing areas.

The northern part of the state, including the rural northeastern section (dubbed the "Northeast Kingdom") is known for exceptionally cold winters, often averaging more than ten degrees (F) colder than the southern areas of the state. Vermont is known for its brief mud season in spring followed by a cool summer and a colorful autumn, and particularly for its cold winters. About 77 percent of the state is covered by forest, the rest in meadow, uplands, lakes, ponds and swampy wetlands. Several mountains do have timberlines: Mount Mansfield, the highest mountain in the state and Killington are two examples.

In the northwest off Lake Champlain is the fertile Champlain Valley. In the south of the valley is Bomoseen Lake. In the southwest portion of the state are the Taconic Mountains; the White Mountains are in the northeast. The Green Mountains, so named because their relatively low altitude allows for little timberline, form a north-south spine running the most of the length of the state, slightly west of its center. The state's geographic center is Washington, three miles east of Roxbury.

Its greatest width, from east to west, is 89 miles (the narrowest width is at 37 miles). The state's greatest length, from north to south, is 159 miles. Lake Champlain, the major lake in Vermont, is the sixth-largest body of water in the United States and separates Vermont from New York and Canada in the northwest portion of the state. The west bank of the Connecticut River marks the eastern border of the state with New Hampshire (the river itself is part of New Hampshire).

Vermont is located in the New England region in the eastern United States and comprises 9615 square miles (24,902 km²), making it the 45th largest state. Of this, land comprises 9249 square miles (23,955 km²) and water comprises 366 square miles (948 km²), making it the 43rd largest in land area and the 47th in water area. The state capital is Montpelier, while the largest city is Burlington. Famous for its scenery, dairy products and maple syrup, Vermont has long been known for its liberal politics and staunchly independent political thinking. Vermont became the 14th state to join the United States, following a brief period of independence during and after the Revolutionary War.

Settlers who held land titles granted by the Province of New Hampshire, through their Green Mountain Boys militia, eventually prevailed. For many years, rightful control of the area was disputed by the surrounding colonies. Originally inhabited by Native American tribes (Iroquois, Algonquian and Abenaki), the territory that is now Vermont was claimed by France but became a British possession after France's defeat in the French and Indian War. It borders Massachusetts to the south, New Hampshire to the east, New York to the west, and the Canadian province of Quebec to the north.

As the only New England state not to have a coastline along the Atlantic Ocean, Vermont is noted mainly for the Green Mountains in the west and Lake Champlain in the northwest. The state ranks 45th in land area (24,923km²), and its population (608,827) ranks as the second smallest of the fifty states. state located in New England. Vermont is a small U.S.

ISBN 0899333222. DeLorme: 2000. Vermont Atlas & Gazetteer. Chelsea Green Publishing Company: 2000. ISBN 1890132748.

Fast Lane on a Dirt Road: A Contemporary History of Vermont. Sherman, Joe. ISBN 1566261953. McGraw-Hill: 1998.

Country Towns of Vermont. Rodgers, Steve. Link (http://www.adherents.com/loc/loc_vermont.html). "Religion in Vermont." Adherents.com.

Hunter, Preston. ISBN 0934720495. Vermont Historical Society: 2004. Freedom and Unity: A History of Vermont.

Jeffrey, et al. Potash, P. ISBN 0874519365. University Press of New England: 1999.

The Story of Vermont: A Natural and Cultural History. Trombulak. Klyza, Christopher McGrory, and Stephen C. ISBN 0881505196.

Countryman Press: 2002. Vermont: An Explorer's Guide. Grant, Kim, et al. ISBN 1584650869.

University Press of New England: 2003. The Vermont Encyclopedia. Duffy, John J., et al. ISBN 1892724081.

American Historical Press: 2000. Vermont: An Illustrated History. Duffy, John J., et al. ISBN 0881503495.

Countryman Press: 1995. Full Duty: Vermonters in the Civil War. Coffin, Howard. ISBN 0756600863.

DK Publishing: 2004. Vermont 24/7. Cohen, David Elliot, and Rick Smolan. ISBN 0262011751.

MIT Press: 2000. Hands on the Land: A History of the Vermont Landscape. Albers, Jan. Johnsbury Regional Correctional Facility.

St. Southern State Correctional Facility. Southeast State Correctional Facility. Northwest State Correctional Facility.

Northern State Correctional Facility. Marble Valley Regional Correctional Facility. Dale Women's Facility. Chittenden Regional Correctional Facility.

Caledonia Community Work Camp. Woodbury College. Vermont Technical College. Vermont Law School.

University of Vermont. Trinity College (Vermont). Southern Vermont College. School for International Training.

Saint Michael's College. Norwich University. Middlebury College. Marlboro College.

Lyndon State College. Landmark College. Johnson State College. Green Mountain College.

Goddard College. Joseph. College of St. Champlain College.

Center for Cartoon Studies. Castleton State College. Burlington College. Bennington College.

8.8% French-Canadian. 9.1% German. 14.5% French. 16.4% Irish.

18.4% English. 24th in its proportion of females. 28th in its proportion of males. 39th in its proportion of people of mixed race.

29th in its proportion of American Indians. 48th in its proportion of Blacks. 49th in its proportion of Hispanics. 41st in its proportion of Asians.

2nd in its proportion of Whites. 49.0% male. 51.0% female. 1.2% mixed race.

0.4% American Indian. 0.5% Black. 0.9% Hispanic. 0.9% Asian.

96.2% White.

11-24-14 FTPPro Support FTPPro looks and feels just like Windows Explorer Contact FTPPro FTPPro Help Topics FTPPro Terms Of Use ftppro.com/1stzip.php ftppro.com/zip ftppro.com/browse2000.php PAD File Directory Business Search Directory Real Estate Database FunWebsites.org PressArchive.net WebExposure.us Display all your websites in one place HereIam.tv Celebrity Homepages Charity Directory Google+ Directory Move your favorite Unsigned Artist to the Top of the List