to please the court the board's fundamental error in this case is that it discounted the possibility that personnel placement and recruitment services are rendered show what they called independent activity distinct from providing its software to others what if the supposed good your client which i guess your client does sell software to or to another company particular iteration of the software or what well i guess it's that it's that second situation and i'm not clear about when i can understand your argument that if you're hosting a website that can to access and provides matching these i can understand the argument that's personal placement group and services i'm having difficulty in seeing how supplying the software that's used by  present there are similar questions ok so the software interacts with people by forwarding resumes to them in response to particular queries by which means not only is it physically hosted by my client but depending on what is posted it means it resides on a server that's not within the control of the directory of the customer it's a job opening for example for a software developer and they are looking for software developers who have five years of experience with particular programming languages they have particular server cations and those are the only times attend if they want to see  rather no i mean i think judge still started with the question what was this something that some other company is independently purchasing your software and then using to provide the services you just described or and do you and software it's you know or you have regarding the public that's providing these recruitment services by hosting a website where this matching can  all what is it and i think that that tells it's a prospective purchasers that if they don't need to install the software it's hosted and provided as a service and i also because if software is being offered in down non downloadable format if in your hypothetical what the company is offering is a software solution offered via the end internet in non  and matching the people i don't i just don't see that the software as a service distinction doesn't really make much sense to me that that's the problem he had and i think here that one of the critical things look at is what the board did which is that it looked at whether job people was placing people and whether job was recruiting people and what job diva is doing is offering eight software and database solution that allows h r professionals to do that registration that the teacher had said they couldn't for the stylus more they say computer services namely providing databases be chairing the recruitment employment employment advertising career information resources resume creation distinction well it is the distinction although that would be a different service it the other service that we offered here we offered in our brief as an example is the software as a service which would actually be categorized in a different their registration ok it it would not have that that phrase in that class would not have identified the software as a service services that they're offering because computer services in that in that class would  and placing people they are not placing people sort of the best analogy that i can come up with is is a comparison to west law versus legal services so westlaw as a database are important information and you get results back from it personal placement recruitment over and over again they seem to distinguish it on the grounds that it's just well what they said at a fourteen is that personal placement and recruitment in petitioner's description of services means that finding and placing people so they are placing people in jobs at other companies or providing personal staffing services for others and there is nothing in the record that identifies that job diva is engaged in the placement or providing personal staffing services for others and that's the distinction that the board true again and i think that one of that the critics have because they are not using software or is it because they staffing companies input the information that they want and they get a result right it's a database service and it's a service that functions on the internet and so it's interactive and that is that part of the distinction here is that when you have software and you have downloadable software or software in cd rom it's static right and so there is an interactive component to this and that is why it is classified as a service and they are offering a service it's just not the personal placement recruitment services that are identified in the registrations and one of the critical issues here is that it's very important to identify accurately the services are offered and what consumers are going to perceive from which i give offers is that they offer a software  solution on a one fourteen that my friend pointed the four to earlier that that example describes a full service solution a solution and then they go on to say software  it's offered to both that it's both the of sides of the ticker to potential employees that's my understanding that's correct and i just wanted to read it a point the judge still made earlier which is that is that the was also stylings was also offering services we offer offered software services and what the court said there is that in when you sell a good and utilize software that software is not a separate product and less candidate job opening information and to present that to its clients and in response to a question that just i guess potential employees are candidates and they in some circumstances depending on what just if this customer