Orbdev Files US Federal Suit Over Asteroid Claim

chongo writes "Orbital Development has filed legal action against the United States by filing a Complaint for Declaratory Judgment in Federal Court. After NASA's NEAR probe landed on the asteroid 433 Eros, Gregory W. Nemitz, who claims to have owned the asteroid since the 3rd of March 2000, sent NASA an $20 invoice for the first 100 years of parking and storage fees. NASA told him to "pound sand". OrbDev's Eros Project seeks to promote their ludicrous ideas about property rights in space."

Comments

Re:We must establish private property in outerspac

[whig]

The right to own property is the foremost right of every person and should be defended above all these other "rights"...

Thank you Ayn Rand.

Now let's get real. Property is not inherent. Moreover, the subject of what can and cannot be property is a limited one; slavery is a form of property that was once legally recognized but is no longer in most parts of the world.

What is inherent is life and liberty. Working from these one can derive certain forms of legitimate property, i.e., a presumed legal right to exclusive possession of things one creates, lest he or she be deprived of the labor (life and liberty interest) invested in its creation.

Now tell me, sir, when and how did you make the asteroid you now claim to own?

Re:Markers?

[chill]

Besides, even if he did "own" it, does the paltry price he is charging just a sign that he's only trying to be a pain in NASA's ass?

Nope. I bet he's trying to get a gov't agency to "recognize" his claim by paying the invoice.

International treaty

[igny]

AGREEMENT GOVERNING THE ACTIVITIES OF STATES ON THE MOON AND OTHER CELESTIAL BODIES(1979) is more appropriate here.

From Article 1

1. The provisions of this Agreement relating to the moon shall also apply to other celestial bodies within the solar system, other than the earth, except in so far as specific legal norms enter into force with respect to any of these celestial bodies.

From Article 11

3. Neither the surface nor the subsurface of the moon, nor any part thereof or natural resources in place, shall become property of any State, international intergovernmental or non-governmental organization, national organization or non-governmental entity or of any natural person.

Re:We must establish private property in outerspac

[Rich0]

Ultimately ownership comes down to who has the bigger army.

If the head of the Mafia declared that he owned all of Chicago, and requested that everyone leave or be terrorized, the police would be dispatched. If the Mafia were sufficiently armed to hold off the police, then the military would be dispatched. In the USA it is a foregone conclusion that the military would win. Thus it is not disputed that US laws govern the territory called the USA. In the USA, citizens are allowed to own private property - in a democracy the citizens band together to fund said army for the common good (in theory).

The Poles probably had perfectly good property laws in the late 1930s - but it didn't due much to deter German trespassing. They didn't send in lawyers, they sent in tanks. Lawyers are only used by people who can't afford enough tanks to do the job (thankfully society has evolved to a point where this is usually the case).

Right now, if somebody could live independantly in space and laid claim to the Eros asteroid, nobody could do anything about it. Sure, somebody could file a claim in the UN, but nothing would stop you from just picking up the NASA probe and using it as scrap metal. No nation on Earth has a significant capability for prosecuting wars in space - yet.

I'm not saying this is how it should be - but this is how it always has been. The guy with the army makes the rules. Courts only have power because of the police. The UN only has power as long as its component nations are willing to supply troops. If you have a weak army, you had better make friends with somebody who has a strong army, and be prepared to pay for that friendship. If not, you won't be sovereign for long...