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Court to Decide If Man Can Keep His Moon Rock

Joe Gutheinz, a former senior investigator for NASA's Office of Inspector General, has made it his goal to collect all 230 moon rocks presented by the US to governments around the world, and put them in a museum. Deadliest Catch Captain Coleman Anderson wants to keep his little piece of the moon. Anderson says he found the rock in the trash mixed with debris following a fire at an Anchorage museum in 1973. He's kept it as a good luck charm ever since. "Our astronauts and their descendants are not permitted to have an Apollo 11-era moon rock to sell for their own enrichment and neither should a private citizen who acquired one in a less-noble manner," Gutheinz said. An Alaskan judge will now decide who legally owns the rock.

390 comments

  1. "less-noble manner" ?? by Anonymous Coward · · Score: 0

    This guy sounds like an Indiana-Jones type elitist.

    So what if the guy found it in the trash; I'm sure Joe's mom came across his dad's sperm in a a less-noble manner.

  2. Good call by Osgeld · · Score: 5, Insightful

    Maybe he should have let the thing go on in the trash, then where would your precious little moon rock be? But that's what you get for trying, sued

    1. Re:Good call by jjetson · · Score: 1

      And what exactly was he "trying". To save the precious moon rock from being lost forever? Doesn't sound like that's what he's claiming.

    2. Re:Good call by MBGMorden · · Score: 5, Insightful

      Why is such a selfless motivation necessary? No, he wasn't "saving it from being lost". He saw something cool and saved it FOR HIS OWN BENEFIT, but the reality is that that motivation is what saved this rock from being lost in the first place. In 200 years it will quite possibly still be known and cataloged - long after he's gone. If the government's response is to sue people for doing such things though, then why bother in the first place?

      To put it more bluntly: would you rather it be in a private collection or lost completely? Those are your two options.

      --
      "People who think they know everything are very annoying to those of us who do."-Mark Twain
    3. Re:Good call by jjetson · · Score: 1

      Such a selfless motivation is necessary to constitute the OP's statement of "But that's what you get for trying, sued". Not sure the rest of your tangent was needed as no comment was made about it.

    4. Re:Good call by Lunix+Nutcase · · Score: 2, Interesting

      But that's what you get for trying, sued

      So that's why after he rescued it he immediately returned it to the relevant interested parties rather than keeping it for himself? Oh wait...

    5. Re:Good call by Lumpy · · Score: 1

      and bragged about it to everyone he could find.

      --
      Do not look at laser with remaining good eye.
    6. Re:Good call by Dog-Cow · · Score: 1

      It was in the trash. Why, other than to be a nice and completely selfless person, would he have any motivation to try and give it back?

      It is completely legal for anyone to pick through trash placed on public(ly accessible) property. The only legal question should be whether it was the museum or NASA that owned it at the time it was thrown away. The idea that just because the astronauts are not allowed to keep any that this individual should follow the same rule is ridiculous. It's a rule made up by NASA, not a law.

    7. Re:Good call by mswhippingboy · · Score: 4, Insightful

      For gods sake dude, the guy found this in the debris from a fire at a museum. Don't you feel he had an obligation to return this to the museum? It's not like he was just strolling along the beach and found it washed up.

      By your logic, anytime there is a fire or other disaster that damages a building, everyone is free to jump in dig for booty. I think the word for this is "looting".

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    8. Re:Good call by _Sprocket_ · · Score: 1

      In 200 years it will quite possibly still be known and cataloged - long after he's gone.

      Unless it gets "lost" in another fire or other misfortune.

      To put it more bluntly: would you rather it be in a private collection or lost completely? Those are your two options.

      No - there's a 3rd option. It is recovered and placed back in public stewardship where it belongs.

    9. Re:Good call by TheGratefulNet · · Score: 1

      It is completely legal for anyone to pick through trash placed on public(ly accessible) property.

      you SHOULD be right, but it depends on the locale. some believe that once you put it on curbside, the collections company (who you do NOT want to run up against) owns it.

      --

      --
      "It is now safe to switch off your computer."
    10. Re:Good call by Moryath · · Score: 4, Insightful

      The museum went right over all the debris, took what they wanted, declared the rest trash/unsalvageable, and rescinded ownership of it.

      If anything they ought to have to pay this guy for doing what they were too fucking lazy to do: restore the piece to condition.

    11. Re:Good call by EdIII · · Score: 1

      Absolutely incorrect.

      Anderson says he found the rock in the trash mixed with debris following a fire at an Anchorage museum in 1973

      The museum, according to this, threw it away in the trash. I could quote The Burbs here, but I think the Supreme Court made it pretty clear AFAIK. Once you throw away something in the trash you have relinquished all claims of ownership.

      IANAL, but comparing this to looting is just specious.

      Should Anderson have been compelled to contact another Museum and tell them that he thought he had a piece of a Moon rock? Maybe. Is he morally wrong for not doing so? That's highly questionable.

      To me Anderson is without question the legal owner of the rock if it was thrown out in the trash.

      That is my opinion, but to label the man a thief is hardly fair. Obviously he has some sentimental attachment to it and if everyone could be adults about it they could just come to an agreement that upon Anderson's death ownership is transferred to the Museum.

      It would not be the first such arrangement either. Why the Moon rock all of the sudden gets special treatment is beyond me. Sure, it took a heck of lot more resources to obtain and makes it inherently quite valuable, but it was thrown away in the trash.

    12. Re:Good call by jbengt · · Score: 1

      While I agree that Anderson should be commended for saving the moon rock, according to TFA he wasn't sued, rather he is the one that initiated the suit. Still, it may not be a clear cut case, as putting something in the trash doesn't mean it belongs to someone who takes it out of the trash. (IANAL, YMMV)

    13. Re:Good call by mswhippingboy · · Score: 2

      I disagree. It was in the trash located on the museum's (private) property. Therefore, it (along with all the debris) still belonged to the museum. Had he waited until it was hauled off, he might have a better argument. In any case, legalities aside, he clearly knew what it was and should have done the honorable thing and returned it.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    14. Re:Good call by Batmunk2000 · · Score: 1

      When your house burns down that doesn't mean all that "trash" is free for every passerby to grab whatever they want. And it isn't legal to walk onto my property and sift through my garbage can.

      The circumstances of when/where this "trash" was picked up mean everything to the case. Accidentally missing a valuable in the debris doesn't automatically mean they relinquished ownership. Unless he was invited to remove this from the property I don't think he was in the right to claim any object as "his".

    15. Re:Good call by ZombieBraintrust · · Score: 2

      Except that it was his FATHER who was the curator for the musuem. If I place something belonging to my employer in the trash and my son takes it out that is THEFT.

    16. Re:Good call by JBMcB · · Score: 1

      > Unless it gets "lost" in another fire or other misfortune.

      It was already lost once from a museum. What makes this next museum so special that it won't get lost again?

      > No - there's a 3rd option. It is recovered and placed back in public stewardship where it belongs.

      It was already in "public stewardship" and it was lost. Heck, the last museum failed twice - once in making sure it didn't burn down, and once in not recovering it's artifacts. Ditto my last question.

      And, yes, I think it should be in a museum. But this guy picked it up from the garbage fair and square. It's his now. Unless the government can make a *really* compelling argument that he shouldn't have it - like it's infected with deadly moon cooties or something - it should be his.

      --
      My Other Computer Is A Data General Nova III.
    17. Re:Good call by Anonymous Coward · · Score: 0

      When your house burns down that doesn't mean all that "trash" is free for every passerby to grab whatever they want.

      Correct, because the contents of a burned out building are not "trash".

      And it isn't legal to walk onto my property and sift through my garbage can.

      False, at least in most places in the U.S. If it weren't legal to go onto your property and take things from your garbage can, the garbage man wouldn't be able to do it either. If you've placed it in a garbage can, you've taken an affirmative act by which you relinquish all claims of ownership. (If you realize you threw it out by mistake, you can rummage through your trash and reclaim the item, and thereby renew your claim of ownership.)

      The circumstances of when/where this "trash" was picked up mean everything to the case.

      True, but unless it can be proven that he's lying about those circumstances, he would appear to be in the right.

      Accidentally missing a valuable in the debris doesn't automatically mean they relinquished ownership. Unless he was invited to remove this from the property I don't think he was in the right to claim any object as "his".

      See my response 2 points above.

      Disclaimer: IANAL, but I'm fairly familiar with the local, state, and federal laws surrounding this which applies in my current jurisdiction.

    18. Re:Good call by kimvette · · Score: 1

      No, it is not theft. The worst you can charge him with is tresspassing.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    19. Re:Good call by drinkypoo · · Score: 1

      If I place something belonging to my employer in the trash and my son takes it out that is THEFT.

      Aren't you oversimplifying? Intent counts.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:Good call by drinkypoo · · Score: 1

      If it weren't legal to go onto your property and take things from your garbage can, the garbage man wouldn't be able to do it either.

      That is a lot of crap. You have an agreement with the trash co. Once you put the trash in the can and put it on the curb it belongs to them, though, and anyone rifling through it might be stealing from THEM... but not you.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    21. Re:Good call by SQLGuru · · Score: 1

      In most instances, you have to place the cans at the curb and not just have it in the bin on your property. This is likely to prevent those collecting the trash from being potentially subjected to tresspass lawsuits.

    22. Re:Good call by corbettw · · Score: 1

      I think the relevant parties lost their claim to the property when they threw it in the trash. This was settled in the landmark court case, Finder v. Keeper.

      --
      God invented whiskey so the Irish would not rule the world.
    23. Re:Good call by mswhippingboy · · Score: 1

      False, at least in most places in the U.S. If it weren't legal to go onto your property and take things from your garbage can, the garbage man wouldn't be able to do it either.

      No, "technically" the garbage man is not allowed to come on your "private" property. The curb is normally part of a public utilities easement which allows utility workers to come onto the property to pick up the cans, but they can't go into your back yard to pick them up without your expressed permission.

      Unless this debris was placed within the public utilities easement (TFA doesn't say), then it belonged to the museum and was private property.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    24. Re:Good call by Anonymous Coward · · Score: 1

      The right thing to do would have been to say at the time "I know what this is. It's a moon rock. Do you want this?" to the curators of the museum, not to a bunch of guys clearing remaining debris from the site. The real question is, had the curators of the museum known in the 1970s what he had found, would they have let him keep it? The answer is almost certainly "no". At the very least museum curation procedures ordinarily require quite a bit of paperwork in order to have materials "deaccessioned" from collections, justifying why something should be tossed out. In this case there's probably a form somewhere saying that the item was "destroyed" or "unrecovered" from the fire, not that they didn't want it. The only reason he got to keep the rock was that they didn't know until recently that it had been found in the debris.

      And for those people citing the long-established precedent that trash left on the corner is "abandoned property" free for the taking, no, that isn't applicable, because for ordinary trash you usually know what you've left out for disposal. This was a cleanup site where valuable material the owner still wanted could plausibly still remain, even after it had been screened. They actively hunted in the material with the goal of recovering objects. That's like trying to root through your own trash to find something valuable that you accidentally put in there, failing, and then someone later on finds it. That's a different situation because the intent is different.

      This object was taken from public property without authorization from the people who managed the site on behalf of the public. It wouldn't matter if it was an ordinary clay brick from the building, a gold nugget from the gold rush days, or a moon rock, he should give it back to the public if the curators of the museum ask for it back. If he has documentation that people with authority to make the decision on behalf of the museum didn't want it at the time, then he has a case. Otherwise what he has is like a garbageman saying to a kid on the street "Yeah, I'm sure the owner of that trash didn't want the diamond ring they tossed into it."

    25. Re:Good call by EdIII · · Score: 5, Insightful

      "Doing the honorable thing" and being a thief are two different things. Furthermore, the Supreme Court IIRC did not care if the trash was out on the street or not. It was in the trash.

      Your opinion on what is honorable is different than what is legal.

      How do you know where the trash was located? I read the article. Anderson only took it after the garbage men, instructed by the Museum to throw anything not salvageable, picked it up and restored it. It was coated with melted materials.

      So in actuality, he did wait until the garbage men made it trash by throwing it away. You are acting upon a belief that he was rummaging through the remains in the middle of the night, when in fact, he was there in plain daylight by virtue of a close relationship with the curator.

      If you read further, once he determined what it was, he kept it as a memento of the Museum and back in those days people expected space flights to be a commonplace event in 20 years. He did not think at the time (he was 17) that it was going to be one of a couple hundred Moon rocks in existence.

      "Should of" and "legally bound to do so" are two different things. So you can freely express your belief that he should return the rock, but retract your statement of thievery because it is simply untrue. According to facts at hand.

      Also, let's remember this. According to the facts... he started the lawsuit after being made aware of the search and intentions to collect all the rocks. So he did come forward after nearly 40 years, in an honorable fashion, to dispute ownership.

      He could of have just quietly smiled and spent the twilight years of his life looking it at on the wall of his home and we might not have known the location for another 50-100 years.

      Did he do that? No. He came forward and said he claimed it from the trash in full view of the authorities and museum, restored it, and has kept it from further harm for 40 years.

      He did not steal it. He did not buy it from the black market. He has not attempted to quietly sell it on the black market for millions either.

      So give the man the credit he deserves and stop denigrating him without cause. Let the court decide in this case if he can claim salvage rights, etc.

    26. Re:Good call by Anonymous Coward · · Score: 0

      Man, this is one idiotic post. First of all, putting something in a trash can does not mean you relinquish your claim of ownership. Some courts have held that putting something in the trash AND THEN PUTTING THE TRASH OUT FOR PICKUP relinquishes ownership. If the trash is still on your property it is yours.

      The trash man wouldn't be able to pick up the trash? What kind of stupid statement is that? Ever hear of a thing called permission? It is entirely possible to give a garbage man access to certain things on your property while restricting everyone else.

    27. Re:Good call by AK+Marc · · Score: 1

      The museum went right over all the debris, took what they wanted, declared the rest trash/unsalvageable, and rescinded ownership of it

      You are asserting that the museum took the positive action of asserting they rescinded ownership. My understanding of Alaska law is such that if I have a pile of trash marked "trash" sitting on my property, someone who takes something from that pile committed theft. Even if I hire a crew to take that to the dump, it belongs to me until it's on the truck or at the dump (depending on the contract with the trash company). What you think should happen is irrelevant to what the laws actually state.

    28. Re:Good call by EdIII · · Score: 1

      Unless this debris was placed within the public utilities easement (TFA doesn't say), then it belonged to the museum and was private property.

      All the more reason why you should stop calling the man a thief if you don't know where the garbage was placed when he picked it up. That is one thing that is clear. He picked it up from the garbage that was set aside from the clean up crews.

      So your argument about exactly where the garbage was when he picked up does have legal significance, but does not speak negatively to the intent of Mr. Anderson. He "intended" to pick it up from the trash.

      Your repeated attempts to vilify him and denigrate him don't serve any useful purpose. These facts will be presented and argued in court. You're acting like he is evil and murders puppies everyday.

    29. Re:Good call by AK+Marc · · Score: 1

      Theft is the taking of something with the intent of depriving the owner of that item permanently. The owner was the museum, even if it was in a pile of trash. He took it from them with the intent of keeping it forever. That is theft.

    30. Re:Good call by sosume · · Score: 1

      You are missing the point. How did he know it was a moon rock? There are only a few of those on earth. Are you able to identify a random burned rock in a trash can as a moon rock? He clearly knew what it was and probably arranged for the rock to be in that trashcan to begin with, if that whole trashcan story is true anyway.

      Second, there has only been one organisation who visited the moon, and since they do not sell those rocks (assuming the museum had the rock on loan), there is just no way he can legally possess a moon rock. That is reason enough by itself to have him handover that rock.

    31. Re:Good call by magarity · · Score: 2

      Except that it was his FATHER who was the curator for the musuem. If I place something belonging to my employer in the trash and my son takes it out that is THEFT.

      Sorry, RTFA: the curator was "like a father to him", not "his father". If some teenage misfit hangs out with you and takes something from the trash of your employer, is it theft? Besides, this all happened in the early 70's. Everyone then thought trips to the moon colony in atomic powered rockets was going to be a typical family vacation by 2000 so what value is a moon rock except for sentiment over those old Apollo missions that started it all?

    32. Re:Good call by ZombieBraintrust · · Score: 2

      The curator was Andersons foster father. The curator was likely the person who took it. The only evidense for the trash thing is Andersons testimony.

    33. Re:Good call by mcmonkey · · Score: 1

      But that's what you get for trying, sued

      So that's why after he rescued it he immediately returned it to the relevant interested parties rather than keeping it for himself? Oh wait...

      It was in the trash. Apparently he was the relevant interested party.

      Why not retain ownership, but lend it to the museum for display? Win/Win

    34. Re:Good call by NFN_NLN · · Score: 0

      Theft is the taking of something with the intent of depriving the owner of that item permanently.

      So software piracy is NOT theft? Debate closed.

    35. Re:Good call by genner · · Score: 1

      If I place something belonging to my employer in the trash and my son takes it out that is THEFT.

      Aren't you oversimplifying? Intent counts.

      Intent doesn't matter. The courts have consistently ruled that garbage is public domain. The guy is a world class douche for not giving it back but what he is doing is legal.

    36. Re:Good call by txsable · · Score: 1, Interesting

      I don't know if it's a city ordinance or state law here, but when something is placed out for trash, it becomes the property of the city. It is actually illegal to remove anything from a trash pile or trashcan without the original owner's permission, and doing so will get you fined.

      In this case, based on TFA(s), it looks like the plaque with the moon rocks was removed from the museum property by either the kid or his dad, and the dad was quite possibly complicit in the theft to not report it (to the museum, police, etc) or return the plaque when he discovered his son had it.

    37. Re:Good call by shentino · · Score: 1

      Except that the museum didn't have the authority to dispose of NASA property.

      If the guy gets to keep the rock, NASA has the right to sue for conversion.

    38. Re:Good call by canajin56 · · Score: 1

      You have a good point, except that the facts you rely on as absolute truth are in dispute. Anderson's version of events is that he found the plaque in the garbage, badly burned and coated in a thick layer of melted materials. At great expense he had it repaired. He also claims it was undamaged other than a thin layer of ash, which he cleaned off with some toothpaste. But he doesn't have to be consistent!

      According to the museum employees, two found the plaque undamaged after the fire other than a layer of ash that had settled on everything. The staff held a meeting where they decided where to relocate it to during repairs. So all of the museum staff were aware it had survived the fire. A few days later, it was gone, removed from its pedestal. The curator denied having seen it, and declared it had been destroyed in the fire in spite of employees claiming it was intact. And, by the way, Anderson is this curator's adoptive son. At least, the curator talked of him so, and he was named as such in the obituary.

      So in one version of events, the employees leave the ash-coated plaque where it is, and another employee who misses the memo chucks it in the trash. Whoever is picking over the debris then misses the plaque, or doesn't' care, figuring it's easier to make a new plaque than clean the ash off (and not realizing the uniqueness of the particular plaque). However, Anderson immediately recognizes the unique nature of the plaque. (The plaque may or may not have grown a thick layer of melted material in the intervening time. In the most recent version it has not). The curator declares the plaque destroyed in the fire, rather than lost, out of embarrassment that such a thing could have happened on his watch.

      In another version of events, the curator removes the plaque himself and turns it over to his adoptive son as a keepsake. He then declares it destroyed, not lost, so nobody will be looking for it.

      Which is more likely? Well, I have only newspaper articles to read, not the actual employee testimony. Who knows...in a criminal case, I don't think it's beyond all reasonable doubt. And besides, the statute of limitations is well passed. But this is a civil suit, and not very cut and dry.

      --
      ASCII stupid question, get a stupid ANSI
    39. Re:Good call by shentino · · Score: 1

      What if I LOAN you something and YOU throw it in YOUR trash heap?

    40. Re:Good call by shentino · · Score: 1

      If you have a contract for the garbage guy to come onto your property to collect your trash, they have permission to be there and are not trespassing.

    41. Re:Good call by Ossifer · · Score: 1

      NASA can sue the museum.

    42. Re:Good call by genner · · Score: 1

      NASA can sue the museum.

      Yes they can, but that's his dad's problem.

    43. Re:Good call by CharredMetal · · Score: 1

      It all depends on whether it was a criminal act of stealing or civil act of taking ownership (Adverse possession). If itâ(TM)s later the statue is long gone. The moon rock belongs to the guy. State has lost the right to repossess it. If state threw item in question in the garbage and did not look for it until recently, then I am leaning towards being it later.

    44. Re:Good call by EdIII · · Score: 2

      He clearly knew what it was and probably arranged for the rock to be in that trashcan to begin with, if that whole trashcan story is true anyway.

      If am missing the point, you are clearly biased.

      Not only are arguing about possession, whether it could even be owned by the Museum, you are creating fiction intended to show his intent as clearly dishonest, when there are no facts that support your allegations.

      The scarcity of an object has nothing to do with the legal questions at hand and salvage rights. Did treasure hunters know that objects and gold from Spanish ships belonged to the Spanish? Of course they did. Does it make their legal claims any less? Of course not.

      So I may be "missing the point", but I am not inventing the truth to support an emotional opinion that the man is a dishonorable thief.

    45. Re:Good call by OldSoldier · · Score: 1

      If the government's response is to sue people for doing such things though, then why bother in the first place?

      To put it more bluntly: would you rather it be in a private collection or lost completely? Those are your two options.

      Although this may be going in a direction different than you intended, I wish the government took a longer view on many more things. In this situation it seems reasonable to let the person "own" this as compensation for his efforts at salvage but to restrict his ability to pass it along to his heirs and instead when he dies it reverts to the government.

      I recognize there are a lot of practical difficulties with this, but in principle, there ought to be a middle ground between turn over immediately and keep forever and if the government can't take a longer view of a middle path, who can?

    46. Re:Good call by EdIII · · Score: 1

      Then YOUR lawsuit is against the person you LOANED it to. Not the person who picked it up in the trash.

      You cannot file a police report claiming theft against the person who took it from the trash. At best you can file a civil suit claiming ownership, which will be dubious at best.

      You have nothing to bring to the authorities to cause them to create a criminal investigation and your only remedies are civil against the person you loaned it to.

      If that statement was untrue, Mr. Anderson would be in custody right now either by the State of Texas (to be sent to Alaska) or by federal authorities. Not only is he not in custody, but he initiated the lawsuit and this in a civil court.

    47. Re:Good call by Anonymous Coward · · Score: 0

      "Should of" doesn't mean anything it all.
       
      It's "Should have" or "Should've".

    48. Re:Good call by couchslug · · Score: 1

      "By your logic, anytime there is a fire or other disaster that damages a building, everyone is free to jump in dig for booty. I think the word for this is "looting"."

      Those who modded your post Insightful should RTFA.

      "Looting"? Have some California vs. Greenwood:

      "California vs. Greenwood
      Supreme Court Decision on Garbage Privacy

      SUPREME COURT OF THE UNITED STATES
      486 U.S. 35
      January 11, 1988
      May 16, 1988

      CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT
      Syllabus

      Acting on information indicating that respondent Greenwood might be engaged in narcotics trafficking, police twice obtained from his regular trash collector garbage bags left on the curb in front of his house. On the basis of items in the bags which were indicative of narcotics use, the police obtained warrants to search the house, discovered controlled substances during the searches, and arrested respondents on felony narcotics charges. Finding that probable cause to search the house would not have existed without the evidence obtained from the trash searches, the State Superior Court dismissed the charges under People v. Krivda, 5 Cal.3d 357, 486 P.2d 1262, which held that warrantless trash searches violate the Fourth Amendment and the California Constitution. Although noting a post-Krivda state constitutional amendment eliminating the exclusionary rule for evidence seized in violation of state, but not federal, law, the State Court of Appeal affirmed on the ground that Krivda was based on federal, as well as state, law.
      Held:

      1. The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Pp. 39-44 .

      (a) Since respondents voluntarily left their trash for collection in an area particularly suited for public inspection, their claimed expectation of privacy in the inculpatory items they discarded was not objectively reasonable. It is common knowledge that plastic garbage bags left along a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public. Moreover, respondents placed their refuse at the curb for the express purpose of conveying it to a third party, the trash collector, who might himself have sorted through it or permitted others, such as the police, to do so. The police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public. Pp. 43-44 .

      (b) Greenwood's alternative argument that his expectation of privacy in his garbage should be deemed reasonable as a matter of federal constitutional law because the warrantless search and seizure of his garbage was impermissible as a matter of California law under Krivda, [p*36] which he contends survived the state constitutional amendment, is without merit. The reasonableness of a search for Fourth Amendment purposes does not depend upon privacy concepts embodied in the law of the particular State in which the search occurred; rather, it turns upon the understanding of society as a whole that certain areas deserve the most scrupulous protection from government invasion. There is no such understanding with respect to garbage left for collection at the side of a public street. Pp. 43-44 .

      2. Also without merit is Greenwood's contention that the California constitutional amendment violates the Due Process Clause of the Fourteenth Amendment. Just as this Court's Fourth Amendment exclusionary rule decisions have not required suppression where the benefits of deterring minor police misconduct were overbalanced by the societal costs of exclusion, California was not foreclosed by the Due Process Clause from concluding that the benefits of excluding relevant evidence of criminal activity do not outweigh the costs when the police conduct at issue does not violate federal law. Pp. 44-45 .

      182 Cal.App.3d 729, 227 Cal.Rptr. 539, reversed and remanded.

      WHITE, J., delivered the opinion of the Court, in w

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    49. Re:Good call by protektor · · Score: 1

      I can tell you for a fact that you if put something in the trash and I can easily get to it then I can legally have whatever you threw away and legally said you didn't want anymore and that someone needed to come a get rid of it for you. The exception to this is if you lock your trash dumpsters, then someone can not break in to the trash dumpster to get at the trash. This is exactly why corporations started locking their trash dumpsters. There were too many hackers and other people dumpster diving and getting all kinds of juicy information from the trash that was that was thrown out and it was all legal. So corporations started locking their trash dumpsters and it legally stopped dumpster diving. The lock showed that they were not removing all legal claims. They give a key to their trash guy and they are contracting a service to have that container/contents (dumpster) transported to another location for processing.

    50. Re:Good call by AK+Marc · · Score: 1

      But in legal terms, there is no such thing. You can't give up ownership to no one. You don't get to dump your crap on the neighbor's lawn and when he complains say "not mine, I rescinded ownership." As such, I took the use of the improper term and applied it with the closest valid definition. That you are ignorant of law doesn't make a solid basis of argument. but that won't stop you from trying, eh?

    51. Re:Good call by AK+Marc · · Score: 1

      It's never fit the definition of theft. Or piracy. It got labeled piracy to invoke the bad pirates. However, that image is more comical than evil, so They (tm) have started calling it theft to again make it seem evil. When "theft" is as accepted as piracy is now (which will happen when you improperly use words to describe something obviously not under the definition of them), they'll call it intellectual rape or such, repeating as often as the shock value is gone from the label they choose.

    52. Re:Good call by BattleApple · · Score: 1

      How did he know it was a moon rock?

      because it was mounted on a plaque that said "MOON ROCK" on it. If you've ever seen moon rocks, they're more like pebbles encased in clear plastic. It wasn't just a big rock sitting in the trash.
      Just because they don't sell them still doesn't mean they can't toss it in the trash (intentionally or unintentionally) for someone else to take.

    53. Re:Good call by ImprovOmega · · Score: 2

      If this guy can't keep something that was thrown in the trash, then law enforcement shouldn't be able to search through our trash for evidence. Oh, that sword cuts both ways? Oops.

    54. Re:Good call by AK+Marc · · Score: 1

      Given the apparent pristine condition of it today, after having been in a fire, and the fact it was apparently restored to a level beyond the capabilities of a 17 year old, it seems likely that the curator was aware of the transfer (indicating bad faith on the part of the actors, making it explicit theft, fraud, and conspiracy), negating any claims of salvage (though even if found, it was not handled in a manner that actually transferred ownership from the museum to him, and thus is the current property of the museum, not him).

      I see nothing in the story that is consistent with the "I was a 17 year old kid sifting through the trash and found an item that the museum intended to discard and took it home and restored it". More likely is that the item was found undamaged and the curator passed it to the teen as a gift, knowing no one would miss it. That is more consistent with the fact that the curator did not report it lost/stolen and didn't claim insurance on it, as he should have were it actually lost. Instead, he knew those would be criminal fraud that would land him in jail, as opposed to an improper gift that would land him unemployed, and the fact that the current condition is more consistent with an item found undamaged than an item found and restored by a teen without outside resources.

    55. Re:Good call by 91degrees · · Score: 1

      I agree. And if it's the museum's property then this is a genuine mistake. He quite reasonably believed the museum no longer wanted the rock.

      Still, it does seem that it's not his property. He's taking advantage of a mistake by the museum which is quite blatantly unfair.

    56. Re:Good call by AK+Marc · · Score: 1

      The definition on Wikipedia agrees with me and not you.

    57. Re:Good call by 91degrees · · Score: 1

      At best you can file a civil suit claiming ownership, which will be dubious at best.

      Not really. If you have legal title to something you are entitled to have it back. And if someone gives away your property, you are still the legal owner

      The person who thought they own it has grounds to sue the person who supplied it to them, but since he didn't pay for it that's not going to be a lot.

    58. Re:Good call by AK+Marc · · Score: 1

      If you transfer ownership via a property contract you have not abandoned the item, you have transferred ownership to another person and the item was never "abandoned" in a legal sense, but just temporarily waiting for the new owner to retrieve it.

    59. Re:Good call by Anonymous Coward · · Score: 0

      The owner was the museum, even if it was in a pile of trash.

      Legally speaking, once something goes in the trash for pickup it is no longer the property of the person who tossed it.

    60. Re:Good call by drinkypoo · · Score: 1

      I can't come after you for taking stuff from my trash, but the trash company could if it's recyclables for which they will be paid, and they sometimes do that if they don't like the look of somebody though it is exceedingly rare. Recyclables theft is a serious problem in some places because usually the scavengers are less than discriminate about dropping stuff on the ground in the process.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    61. Re:Good call by Anonymous Coward · · Score: 0

      Sortof off-topic, but I took a look at your posting history. You are one of the most vitriolic and childish commenters I have seen on /. in a while, and that is saying a lot.

      It is no surprise that pretty much all of your comment have been modded down to -1.

      Virtually every one of your posts has a personal attack against someone (in this case, "virtually" means out of 13 recent comments, you personally attacked another commenter in all but 3 of them).

      And it is remarkable how uncreative you are in your personal attacks. Your retorts consist of calling someone an idiot, a liar, ignorant, a hypocrite, pathetic, any two of these, or any three of these.

      You are neither constructive nor a good troll. You are useless for insight or lulz. Please leave.

    62. Re:Good call by Bai+jie · · Score: 1

      Life is blatantly unfair. What the courts need to decide is what is legal, not fair.

    63. Re:Good call by chaboud · · Score: 1

      They didn't care about it for *years*. Moon rocks were baubles to be given out to foreign dignitaries, political groups in the US, and governors of states.

      Only once we feel so distant from our glorious past do we go chasing after our precious rocks. How about we put some resources into going back to the moon. There are *plenty* of moon rocks up there.

    64. Re:Good call by chaboud · · Score: 2

      Look up adverse possession for an example of property changing hands due to disinterest (effectively).

      If the cops don't need a warrant to snoop through my garbage and take evidence (Cal. v. Greenwood), then why should a regular scavengers be unable to do the same?

      Now, whether the rock was in the garbage or not is probably the most material part of this case. Unfortunately, everyone involved in the case has a strong motivation to lie. It doesn't appear that the Museum staff, police, or NASA cared all that much about this when they thought it was valueless. Frankly, this search for former glory feels more harmful than helpful. Can we just get back to going to space?

    65. Re:Good call by AK+Marc · · Score: 1

      If the cops don't need a warrant to snoop through my garbage and take evidence (Cal. v. Greenwood [wikipedia.org]), then why should a regular scavengers be unable to do the same?

      They shouldn't. However, that doesn't change the fact that the law makes it so they can't. Would you prefer we argue what should happen, or what is legal? They are separate, and intermingling them as you have chosen to do for the sake of argument will not lead to any resolution.

      Now, whether the rock was in the garbage or not is probably the most material part of this case.

      Only if he was a cop. For private citizens, the location of an item in the garbage does not allow them to snoop through it and take what they want. Everywhere I've lived, the trash where put for collection is the property of the property owner or the garbage collector and anyone other than a cop who takes anything from it has committed theft (well, the cop committed theft as well, but a theft exempted from prosecution due to the fact they are a cop). And yes, one of the places I've lived includes Alaska. And yes, long before this came out, I looked up the laws on garbage.

    66. Re:Good call by AK+Marc · · Score: 1

      If it doesn't, what does? The Alaskan statutes are online, and that's where this took place.

    67. Re:Good call by AK+Marc · · Score: 1

      You asserted that you abandoned your trash. I pointed out you are wrong, and they you merely transferred ownership to the garbage collection agency.

      Your comments do not contradict my true statements.

    68. Re:Good call by Anonymous Coward · · Score: 0

      eye just huffed some near narcotics like the sodium pentathol but with the atomized portion in air (nebu.lizer) hilariopus!

    69. Re:Good call by bill_mcgonigle · · Score: 1

      you SHOULD be right, but it depends on the locale. some believe that once you put it on curbside, the collections company (who you do NOT want to run up against) owns it.

      There could be State statute that defines property thusly, but if there are any, I haven't seen them. Sounds like a local ordinance trying to redefine property rights. Any State that allows this doesn't deserve to have a population.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    70. Re:Good call by Antisyzygy · · Score: 1

      What is legal or illegal is supposed to be an approximation of fairness.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    71. Re:Good call by Antisyzygy · · Score: 1

      Better yet, nuke the moon with the entire arsenal of Russia and then we all can collect moon rocks from our back yards and basements (as they break through our rooftops).

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    72. Re:Good call by Antisyzygy · · Score: 1

      "Like his father" not his father. Furthermore, you would have to prove that the individual knowingly threw the item away so it could be easily pilfered. That is not easy to do since they don't even know who threw away the rock in the first place. If you were to throw away a diamond ring, you rescind ownership of it and it becomes public property. It doesn't matter if you didn't mean to do it, you still did it. Maybe you should be more careful with your things. Things become public property once they become trash. This is the same argument police, FBI, CIA and private detectives use to justify going through your trash for evidence without a warrant.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    73. Re:Good call by Antisyzygy · · Score: 1

      Irrelevant. Once something becomes trash it is public property. This is the same justification police, FBI, CIA and private investigators use to search through your trash without a warrant.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    74. Re:Good call by mswhippingboy · · Score: 1

      First, yes, I understand California v California. "Curtilage" is the point you are missing. My understanding is that the object when found was well within the perimeter of the museum, thereby being within the "curtiage" of the building. That would make it private property. It would stay private property until loaded onto a truck and driven outside this perimeter. There is no indication FTFA that the debris was placed in "an area particularly suited for public inspection".

      Second, there is a lot more to the story than is in TFA.

      For instance -

      Guthienz and Riker weren't the only ones searching for Alaska's moon rocks. Alaska State Museum curator Steve Henrikson had been looking for them on and off since he was hired 21 years ago in Juneau. The story he pieced together didn't match Anderson's.

      The last people to see the plaque, Henrikson said, were two museum employees who walked through the building after the fire. According to them, the moon rocks were intact, in a glass case. After that, museum staff discussed taking the plaque out of the burned-out area and putting it in a more secure part of the museum.

      A few days later, a museum employee noticed it wasn't in the case. Instead there was just a clean square in the ash and dust where it had been sitting. She assumed Phil Redden, a museum curator, took it home for safe-keeping. But later, when he was asked, Redden denied it.

      Shortly after the fire, the museum lost its funding and all the employees were let go, Henrikson said. That left the cleanup and inventory of the artifacts to employees in Juneau. It took them three years to go through everything. They kept expecting to find the moon rock plaque but they never did, Henrikson said.

      "The museum staff didn't know who did what with it," Henrikson said. "There was just a lot of confusion around at the time, there was just a lot of mystery."

      It was never reported stolen.

      After the complaint was filed, Henrikson did some more digging and discovered two surprising facts. First, Arthur C. Anderson goes by Coleman Anderson. Coleman Anderson was a skipper of a Dutch Harbor fishing boat featured on the first season of Discovery Channel's "Deadliest Catch." Second, a man named Coleman Anderson is listed in the obituary for the transportation museum's last curator, Phil Redden. It says that Anderson was Redden's foster son.

      See http://community.adn.com/adn/node/157506

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    75. Re:Good call by mswhippingboy · · Score: 1

      Sorry, RTFA: the curator was "like a father to him", not "his father".

      Actually, it WAS his foster father. Pedantry aside, perhaps you should read more than just TFA.

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    76. Re:Good call by Thing+1 · · Score: 1

      Besides, this all happened in the early 70's. Everyone then thought trips to the moon colony in atomic powered rockets was going to be a typical family vacation by 2000 so what value is a moon rock except for sentiment over those old Apollo missions that started it all?

      Exactly: the fact that it's perhaps more valuable now simply means we lost that capability.

      --
      I feel fantastic, and I'm still alive.
    77. Re:Good call by Anonymous Coward · · Score: 0

      Once you throw something in the trash, it is no longer yours.

    78. Re:Good call by Le+Marteau · · Score: 1

      No kidding. These threads are just one post after another of people pulling stuff out of their ass that they have a hunch is correct, and stating it as fact.

      Place has gone downhill in a big way.

      --
      Mod down people who tell people how to mod in their sigs
    79. Re:Good call by Anonymous Coward · · Score: 0

      Non sequitur.

    80. Re:Good call by AK+Marc · · Score: 1

      You can't just claim "I no longer own this table." It belongs to you in perpetuity, unless you transfer ownership to someone else. Everything is owned, and you can transfer ownership, but not rescind it.

    81. Re:Good call by dryeo · · Score: 1

      Second, there has only been one organisation who visited the moon, and since they do not sell those rocks (assuming the museum had the rock on loan), there is just no way he can legally possess a moon rock. That is reason enough by itself to have him handover that rock.

      You do know that the Soviets acquired their own moon rocks don't you? Three different times they launched successful sample return missions so it is even slightly possible that the moon rock had nothing to do with NASA.
      http://en.wikipedia.org/wiki/Luna_16 http://en.wikipedia.org/wiki/Luna_20 http://en.wikipedia.org/wiki/Luna_24

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    82. Re:Good call by buddilla · · Score: 0

      Isn't trash considered public property. Thus he had full right to take the rock for himself. You don't get to throw our rights away cus you want your trash back. I say let the guy keep it.

      --
      Pitch Forks: check Torches: check Angry People: check - A. LaChasse V for Victory
    83. Re:Good call by Anonymous Coward · · Score: 0

      All 500+ of his accounts are the same way!

      Michael Kristopathetic... The world's biggest loser!

    84. Re:Good call by mwvdlee · · Score: 1

      Fairness is subjective, legality is (or is supposed to be) objective.

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    85. Re:Good call by AmiMoJo · · Score: 1

      Not sure about the laws where you are but taking things from other people's rubbish is theft in the UK. Some journalists have fallen foul of that rule. In practice it is rarely enforced except where there is some other crime or invasion of privacy involved.

      For the police it is different because they get extraordinary powers to investigate.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    86. Re:Good call by Anonymous Coward · · Score: 0

      Given the apparent pristine condition of it today, after having been in a fire

      He said the plaque was "coated with a thick layer of melted materials", not that it was melted. It could have been relatively undamaged and thrown away by some staff who wasn't aware that it was supposed to be salvaged. His story doesn't necessarily have to be false.

      I had a fire. If stuff was high up, it melted due to the extreme heat. If stuff was down low, it got damp and covered with soot, smoke, and plaster (the fire department makes a huge mess), not to mention the "thick layer" of melted crap strewn about the room (it wasn't particularly clean to begin with, and a few chest-of-drawers full of clothes were burning and had been chopped to smithereens and strewn around the room). Yet I'm still using an external hard drive that was on the floor. You could equally say the same about it, but it works, and "given the apparent pristine condition of it today" you probably wouldn't guess it had been in a fire.

    87. Re:Good call by AK+Marc · · Score: 1

      Abandonment laws exist because you can't abandon things, and the fact they have laws stating that prove it. Go ahead, take your car, park it inside the front window of a convenience store, then when people knock at your door asking about it tell them "I abandoned it, so it isn't mine" and see how that works for you.

    88. Re:Good call by AK+Marc · · Score: 1

      Was your hard drive coated with a thick layer of melted materials? Also, you might want to note that the prevelance of plastics in 1973 is a little less than now, so in a museum it would be less likely that there would be plastic bins everywhere to melt on things at a low melting temperature. "Melted materials" implies more than one material (though I will acknowledge that it could have just been material from multiple objects of the same type) and plastic is about the only thing you'd find that melts lower then the ignition point of wood. And not just one thing, but multiple things. And not just a splash, but "a thick layer." So, was your HD covered in a thick layer of melted metal, which you brushed off and had it run just fine? Were there any melted materials on it at all, even if not a thick layer and not materials likely to be found in a museum in the 1970s?

    89. Re:Good call by AK+Marc · · Score: 1

      So you agree that you can not abandon your car. There are also laws about abandoning houses, where "abandon" means to leave alone, not to relinquish ownership. No real estate can be without owner (at least in the US once an owner is selected).

    90. Re:Good call by AK+Marc · · Score: 1

      You can abandon the item in the sense that you walk away from it, but you can't abandon the item in the sense that you rescind your ownership without transferring that ownership to anyone else. I think you using both definitions of abandoned interchangeably in a deliberately obtuse manner.

    91. Re:Good call by AK+Marc · · Score: 1

      Things may be left unattended with the intention to never come back to them (abandoned in lack of attention, but not in the sense that your responsibilities of ownership are ended). But things may not be abandoned in the sense that ownership is rescinded. When you learn the definition of "abandoned" come back and let us know and we can resume the conversation.

    92. Re:Good call by AK+Marc · · Score: 1

      I've informed you that there is no legal means to abandon ownership of property, and we were only discussing that. You brought up discarded property that still has an owner as if that was somehow relevant. It isn't.

    93. Re:Good call by Antisyzygy · · Score: 1

      I can find innumerable examples that legality is as subjective as fairness. Drugs, prostitution, speed limits, speeding ticket prices, parking tickets. etc. etc. Legality is supposed to make it so civilization continues to function efficiently without inhibiting the freedoms of people, and is supposed to make it so people are not taken advantage of. That is fairness.

      --
      That brings me to an interesting point, / . is just "the ramblings of socially-inept, technology-literate news-mongers".
    94. Re:Good call by AK+Marc · · Score: 1

      There are no legal processes to deal with property the owner has successfully rescinded ownership of. There are processes for lost, discarded, and ignored property. But the law assumes that you own what you own until you transfer ownership to others, and thus there is no legal concept of "abandonment" in the sense used here where you can declare that you no longer own something and nobody else does either.

    95. Re:Good call by mwvdlee · · Score: 1

      As I understand it, what you are saying is that legality isn't always fair. But that's the point.
      There are speed limits, staying under them is legal, going faster is illegal; this is objective.
      Some people would agree with current speed limits, some people find it too low and others too high; this is subjective.
      I'm not saying law always succeeds in being objective, otherwise we wouldn't need lawyers and judges, but that's what it's supposed to be.

      --
      Slashdot social media options: AIM, ICQ, Yahoo, Jabber and Mobile Text. Why no MySpace?
    96. Re:Good call by AK+Marc · · Score: 1

      You've posted that before. It proves me right and you wrong.

    97. Re:Good call by AK+Marc · · Score: 1

      You've never presented any law that allows someone to rescind ownership without transferring that ownership to anyone else.

    98. Re:Good call by AK+Marc · · Score: 1

      Wikipedia is not a legal web site. And no matter how many times you cite that, it won't make it support your incorrect assertions. Wikipedia agrees with me and not you.

  3. Precedence by Anonymous Coward · · Score: 0

    There are other court cases where folks have claimed things that have been disposed of. All the cases I have read show that once a prperty owner has thrown something out that whoever physically claims it is the owner. Unless a good lawyer can showhow this case is different, I don't know that NASA has a valid case.

    1. Re:Precedence by WillAdams · · Score: 3, Interesting

      The museum wasn't the property owner, but merely a custodian of an item which is owned by NASA and was on loan to them. That they improperly disposed of it, does not terminate NASA's ownership.

      William

      --
      Sphinx of black quartz, judge my vow.
    2. Re:Precedence by blair1q · · Score: 2

      It also depends on where the garbage was when it was rummaged through. And what sort of container it was in, since dumpsters are generally property of the hauling company, and putting something into one may be considered transferring ownership to them.

      This case is all about ownership of trash, and not at all about what the item is. Since there's no law saying a private citizen can't own a moon rock, that makes it a moot rock.

    3. Re:Precedence by tverbeek · · Score: 1

      Sorry, but "finders keepers" is not actually a legal doctrine.

      First, NASA could easily argue that the rock was not "disposed of", but "lost". Or even "taken without permission". Obviously, lost or stolen goods do not automatically become the property of the person who possesses them. Even the (legally inaccurate) expression that people like to quote only claims that "possession is 9/10 of the law".

      Alternatively, if NASA could show that the rock was given with the understanding that it would be preserved in the museum's collection, the museum's failure to do so could result in ownership reverting to NASA.

      Bottom line: there are plenty of legal precedents for situations like this, and they don't always favor the possessor. The court will have to determine which precedent applies to this specific situation.

      --
      http://alternatives.rzero.com/
    4. Re:Precedence by UnknowingFool · · Score: 1

      Except I didn't read anywhere in the article that it is the property of NASA. all I read that it was attached to a plaque but not if it was loaned to Alaska and not given to the state.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Precedence by Samantha+Wright · · Score: 1

      Sorry, but "finders keepers" is not actually a legal doctrine.

      Not completely true. There's salvage rights, for one example.

      --
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    6. Re:Precedence by tverbeek · · Score: 1

      The laws regarding marine salvage are a bit more complex than "finders keepers" (or even AC's slightly longer version).

      --
      http://alternatives.rzero.com/
    7. Re:Precedence by NatasRevol · · Score: 1

      And if it has black & white spots, it's a moo rock?

      --
      There are two types of people in the world: Those who crave closure
    8. Re:Precedence by spire3661 · · Score: 1

      It doesnt matter the state of the garbage. All moon rocks recovered by the United States are legally considered property of the citizens of the United States. He has no claim to it, regardless of where or how it was found. If it is a lunar meteorite, that is another story altogether. If this rock can be proven to have been acquired through NASA, he has no chance.

      --
      Good-bye
    9. Re:Precedence by Anonymous Coward · · Score: 0

      I'd disregard legal opinions from anyone who does not spell "precedents" correctly.

    10. Re:Precedence by blair1q · · Score: 1

      And if it's funky it's a moog rock.

    11. Re:Precedence by blair1q · · Score: 1

      All X owned by the Y is legally considered property of the Y.

      Moon-rockiness and Government-controllicity are not a factor.

      This is purely a case of pwnership of an item that was discarded that may not have belonged to the person discarding it and how it came to be undiscarded by the person who doubtlessly possesses it now.

    12. Re:Precedence by Anonymous Coward · · Score: 0

      If it changes color, it's a mood rock.

    13. Re:Precedence by NatasRevol · · Score: 1

      If it's black, it's a Moor rock.

      --
      There are two types of people in the world: Those who crave closure
    14. Re:Precedence by NatasRevol · · Score: 1

      If it works for Apple, it's a moof rock.

      --
      There are two types of people in the world: Those who crave closure
    15. Re:Precedence by Runaway1956 · · Score: 1

      http://www.bobsuniverse.com/bwah/02-adams/18000303a.pdf

      Salvage rights apply. Every state in the United States has laws regarding salvage rights. Our deep sea - errr - dumpster diver should read up on this pdf, as well as his own state laws. I think that MAYBE, NASA may retain some claim to that rock, but the museum forfeited all claim, and the greater claim probably belongs to the diver.

      So, yeah, "finders keepers" is indeed a legal doctrine.

      --
      "Windows is like the faint smell of piss in a subway: it's there, and there's nothing you can do about it." - Charlie Br
    16. Re:Precedence by SleazyRidr · · Score: 1

      If it doesn't matter it's a moot rock

    17. Re:Precedence by AK+Marc · · Score: 2

      NASA (or Nixon or whoever) gave away the rocks. They didn't loan them out. Only now are people asserting that there was some unwritten EULA attached to the rocks that require that they be returned to NASA whenever NASA asks. Because such an agreement didn't exist when they were freely given away.

    18. Re:Precedence by ZombieBraintrust · · Score: 1

      The custodian of the item for the museum was Phil Redden, Coleman Anderson foster father. So you have the custodian of the museum improperly disposing of an item and it winding up with his foster son. Or maybe he just stole it and Anderson inherited it from his dad.

    19. Re:Precedence by ZombieBraintrust · · Score: 1

      Not actual custodian. Curator.

    20. Re:Precedence by spire3661 · · Score: 1

      I wonder if you would sing the same tune if someone found an RTG from a failed satellite launch/reentry. The United states never relinquished ownership of the rock to anyone, merely loaned it. If I loan you my car and you park it somewhere with the keys in it and someone else finds it, they arent entitled to keep it , even if found in a junk yard.

      All moon rocks brought back by the US lunar missions are easily identifiable from lunar meteorites. There is no question of its origin or ownership. It rightfully belongs to the United States, regardless of who possess it now.

      --
      Good-bye
    21. Re:Precedence by bberens · · Score: 1

      In most states once you put trash out by the road it ceases to be your private property. That is why, for example, police do not need a warrant to go through your trash. Not sure how that applies to businesses.

      --
      Check out my lame java blog at www.javachopshop.com
    22. Re:Precedence by black+soap · · Score: 1

      If it changes colors, it's a mood rock.

    23. Re:Precedence by Anonymous Coward · · Score: 0

      I'll remember that next time I'm charged with "finding and keeping" stolen property. I may serve time, but according to Runaway1956 on the internets, I get to keep the goods!

  4. Yes your honor... by Average_Joe_Sixpack · · Score: 2

    I would like to cite the case of 'Finders vs Keepers'

    1. Re:Yes your honor... by king+neckbeard · · Score: 4, Funny

      I think you mean 'Finders Keepers v. Losers Weepers'

      --
      This is my signature. There are many like it, but this one is mine.
    2. Re:Yes your honor... by Anonymous Coward · · Score: 0

      You almost had it. The actual case is Keepers v. Weepers.

    3. Re:Yes your honor... by pluther · · Score: 1

      Given the circumstances in this one, I think he was more accurate with the misquote.

      --
      If the masses can keep you down, you're not the Ubermensch.
    4. Re:Yes your honor... by TheGratefulNet · · Score: 1

      careful, the other law taking guy might try to declare a bad court thingie.

      --

      --
      "It is now safe to switch off your computer."
    5. Re:Yes your honor... by TheGratefulNet · · Score: 1

      I think you mean 'Finders Keepers v. Losers Weepers'

      and all this time, I thought the loser had to sweep up. after, well, something.

      now, suddenly, things are making sense to me!

      --

      --
      "It is now safe to switch off your computer."
    6. Re:Yes your honor... by hotdoghead · · Score: 1

      If I recall, Judge Rehnquist wrote the majority decision: "Nyah nyah nyah nyah nyah."

    7. Re:Yes your honor... by Anonymous Coward · · Score: 0

      That would be of the Supreme court of Every Child!

  5. Found it in the trash by sheehaje · · Score: 3, Insightful

    "Our astronauts and their descendants are not permitted to have an Apollo 11-era moon rock to sell for their own enrichment and neither should a private citizen who acquired one in a less-noble manner,"

    The way I see it, the guy saved it from being buried in some landfill somewhere. I'm sure none of that matters to the courts, but I can't see trying to slander the guy for wanting to keep what he found. Also, it doesn't sound like he's trying to cash in on it (at least not yet), but is rather fond of his "good luck charm".

    1. Re:Found it in the trash by SEWilco · · Score: 5, Informative

      The State of Alaska seems to agree that stuff in the trash is abandoned property (PDF).

    2. Re:Found it in the trash by Wyatt+Earp · · Score: 1

      If it were land filled in 1973 Anchorage, right now it would be under a property development between one of the airports and Muldoon, lost forever.

      The Municipality of Anchorage and State of Alaska didn't care to recover the rock, the guy saved it, it's his now by state law.

    3. Re:Found it in the trash by Anonymous Coward · · Score: 0

      The astronauts were government employees being paid to (among other things) collect the rocks, so of course they weren't allowed to keep them*. This guy got his fair and square, as abandoned property.

      *(Alan Bean acquired some moon dust which was collected from the outside of his suit, and incorporated it (milligram quantities) into the paint he used for the excellent lunar landscapes he's painted. He doesn't sell the originals.)

      -- Alastair

    4. Re:Found it in the trash by jbengt · · Score: 1

      According to the .pdf you linked to, it depends on where the trash was at the time. It might belong to the trash collecting company, the owner of the property, or it might be considered abandoned. Also, much of that .pdf dealt with the expectation of the right of privacy (or lack thereof) which does not imply ownership (or lack thereof).

    5. Re:Found it in the trash by DerekLyons · · Score: 1

      But the rock in question doesn't belong to the State of Alaska or any individual or organization within that jurisdiction. The rock belongs to the Federal Government, and hence Federal laws apply and Alaska laws do not.

      And Federal Law is pretty clear - the rocks are property of the Federal Government.

    6. Re:Found it in the trash by AK+Marc · · Score: 1

      The Municipality of Anchorage and State of Alaska didn't care to recover the rock, the guy saved it, it's his now by state law.

      The property belonged to the museum at the time he took it. Thus, he sole it from the museum. It belongs to the museum by state law (not NASA). Whether someone cares enough for a bicycle that's sitting on their lawn or not, you don't get to ride it off. Even if they've already called a trash collector to come get it and put it in the landfill. And if they come back 40 years later looking for it, it still belongs to them, even if the statute of limitations on the initial theft has passed.

      Also note that he claims it was damaged in the fire, but that it looks undamaged now. Either it wasn't damaged in the fire (and thus his story about how he got it is a lie) or he did a remarkable restoration, given that he didn't have the resources to restore it himself. Not to mention that it's unclear how it came to light he had it, since the first governmental contact in the timeline is him suing Alaska, and that he still has the rocks, not NASA.

    7. Re:Found it in the trash by Wyatt+Earp · · Score: 1

      If its in the garbage it's abandoned property.

      http://www.dps.alaska.gov/apsc/docs/legalmanual/AABANDONEDPROPERTY.pdf

    8. Re:Found it in the trash by stephanruby · · Score: 1

      ...I can't see trying to slander the guy for wanting to keep what he found.

      Slander? Are you saying the judge is lying? The guy himself is saying that he found the rock in a container of debris after the fire.

      Also, it doesn't sound like he's trying to cash in on it (at least not yet), but is rather fond of his "good luck charm".

      If he wants to take that argument off the table, then he should promise never to sell the rock, never to rent it, and to have it returned to NASA once he's dead.

    9. Re:Found it in the trash by Anonymous Coward · · Score: 0

      Interesting though, as the museum didn't own the rock- it was on loan (all moon rocks are owned by the Federal Government and loaned out, except a few which were outright given as presents to foreign governments.)

      If you loaned a Picasso to museum and it accidentally got placed in a rubbish bin by a cleaning person at the museum, would the original owner really not be allowed to claim it back?

      I think the biggest issue with the moon rock is that he seems to KNOW it was a moon rock and not just some random rock thrown in the trash.

    10. Re:Found it in the trash by protektor · · Score: 1

      Except that over the years the federal government has given away moon rocks as gifts to different countries and people. So no the federal government does not own every moon rock out there.

    11. Re:Found it in the trash by AK+Marc · · Score: 1

      Abandoned property is in regards to what a police officer may confiscate without a warrant, not with regards to legal ownership. As such, unless the 17 year old were a police officer investigating the museum, that is irrelevant.

    12. Re:Found it in the trash by Anonymous Coward · · Score: 0

      police often go through your trash since it is not considered your property anymore. ergo
      this rock was no longer the property of the museum or nasa at this point. let's be consistent.

    13. Re:Found it in the trash by DerekLyons · · Score: 1

      Except that over the years the federal government has given away moon rocks as gifts to different countries and people.

      No, rocks have never been given to individuals.
       

      So no the federal government does not own every moon rock out there.

      Yes, under Federal law (which applies in Alaska as it's part of the US), all rocks brought back by Apollo belong to the Federal government. Transferring custody does not transfer ownership.

  6. Take it. by Anonymous Coward · · Score: 0, Interesting

    I don't like the gov't claiming any kind of eminent domain, or seazing any other property from individual owners. But in this case I dislike looters who go into a burned down structure and steal your property before you get a chance to return and get it. What he did was an act of looting and theft and should probably be fined for it. .

    1. Re:Take it. by Hatta · · Score: 1

      What he did was an act of salvage, and the Government should be thanking him for saving this artifact. I don't know whether eminent domain applies here, but he's definitely entitled to either keep the rock or be compensated with its fair market value.

      --
      Give me Classic Slashdot or give me death!
    2. Re:Take it. by earls · · Score: 1

      Better yet, he should be forced to do the most deadly job in the world!

    3. Re:Take it. by Zcar · · Score: 2

      That's not how I read it. Per the article, "After the museum fire and cleanup, garbage trucks were sent in to haul off the remaining debris, and Anderson claims he was combing through it when he discovered the plaque, which was coated with a thick layer of melted materials."

      It's not looting to go through trash.

    4. Re:Take it. by Thud457 · · Score: 1

      It's not looting to go through trash.

      ooohhhhh, I see how it is! When it's a white guy doing it, it's "finding".

      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    5. Re:Take it. by Anonymous Coward · · Score: 0

      It's not looting to go through trash.

      yes it is actually, if it's still in the structure...

    6. Re:Take it. by mswhippingboy · · Score: 1

      Better yet, he should be forced to do the most deadly job in the world!

      And what would that be? Windows 7 Phone project manager?

      --
      Sometimes the light at the end of the tunnel is the headlight of an oncoming train.
    7. Re:Take it. by melikamp · · Score: 1, Insightful

      I have no sympathy for this dude.

      "He was a 17-year-old, and the curator of the museum was close, like a father to him," said Seattle attorney Daniel Harris, who is representing Anderson.
      After the museum fire and cleanup, garbage trucks were sent in to haul off the remaining debris, and Anderson claims he was combing through it when he discovered the plaque, which was coated with a thick layer of melted materials.

      The lawsuit said Anderson left with the plaque in full view of the garbage-removal workers.

      Gutheinz also pointed out that the wooden plaque shows no sign of fire damage.

      He knew exactly what he was looking at, but decided to be all coy, even if we are to believe his story. I am sure that curators would have taken the rocks if notified, but somehow this never occurred to him. <gollum, gollum> He decided that the state gave up on a moon rock because garbage removal workers missed it in a pile of rabble. He should consider himself lucky for keeping it for so long, but IMHO, he should have returned it to a museum back then, and it's definitely not too late to return it now. On the other hand, it's just a rock, so it really is not a big deal one way or the other.

      Anyway, here is your moment of Zen:

      Three state governors accidentally took their state's rocks home after leaving office.

      How? Did they confuse them with office supplies?

    8. Re:Take it. by Zcar · · Score: 1

      He says he did it while garbage trucks were there collecting the debris.

    9. Re:Take it. by Zcar · · Score: 1

      No. Whoever is doing it.

    10. Re:Take it. by Thud457 · · Score: 1
      --

      the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    11. Re:Take it. by Anonymous Coward · · Score: 0

      He didn't pull the rock out of building while it was on fire or during some state of civil emergency. He took it out of rubble that was being thrown away.

      If you take a TV out of a store during an emergency, it's looting. If they throw it away days afterwards, after going through everything, it's perfectly legal to take it.

    12. Re:Take it. by couchslug · · Score: 1

      "But in this case I dislike looters who go into a burned down structure and steal your property before you get a chance to return and get it."

      Where is any evidence he did any such thing?

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    13. Re:Take it. by Anonymous Coward · · Score: 0

      the difference is, he didn't do it before the building burnt down, and neither did he set it on fire, nor did he blame the man for making do it.

  7. wow what a shame by digitalsushi · · Score: 5, Insightful

    we should just go get a bunch more rocks so that they are not valuable. it's a damned rock. but since we're apparently stuck on this one forever, they are worth more than gold.

    did you people know the top of the washington monument is made of aluminium? cause that used to be precious too.

    let the dude keep his pebble. lets be noble and go back to the moon. we used to be good at it.

    --
    slashdot: where everyone yells sarcastic metaphors to themselves to understand the issue
    1. Re:wow what a shame by blair1q · · Score: 1

      Until half the moon is moon rocks on Earth, they'll be valuable.

      And the principle is about not owning anything gained from space exploration. It's international in scope, and is a big deal, because if you can own a rock, you can claim the moon for your country, and that's going to cause space wars.

    2. Re:wow what a shame by Anonymous Coward · · Score: 0

      Sorry, Houston annexed the Moon back in the 80's. You can't have it.

    3. Re:wow what a shame by Lumpy · · Score: 1

      Oh jesus no...

      If texas lays claim to the Moon none of us will ever hear the end of it.

      --
      Do not look at laser with remaining good eye.
    4. Re:wow what a shame by Tumbleweed · · Score: 1

      Sorry, Houston annexed the Moon back in the 80's. You can't have it.

      Yeah, General Zod took it back from Planet Houston, though.

    5. Re:wow what a shame by Anonymous Coward · · Score: 0

      I for one welcome smashing our moon overlord into the Earth...I imagine at least half of it would stay, right?

    6. Re:wow what a shame by Anonymous Coward · · Score: 0

      How the fuck does one go from "I found a rock in the trash, so now I can claim the moon for myself"?

      Even a child would hear that and think (or insist) that you're joking.

      Besides, if nobody can "own" something gained from space exploration, what kind of claim does the government have on taking it from someone else?

    7. Re:wow what a shame by dgatwood · · Score: 3, Informative

      Actually, it had nothing to do with aluminum being precious, but rather that most metal manufacturing (until the advent of CNC milling in the 1950s) was done by casting, and pure aluminum doesn't cast well.

      It was also a relatively expensive material because the technology to cheaply extract aluminum from aluminum oxide was still in its infancy (the modern Hall-Héroult process having not been invented until two years later, in 1886, with the previous technologies being either extremely expensive, difficult to use in large quantities, or both), but this was in large part due to lack of demand, which was in large part due to the fact that it was historically difficult to cast pure aluminum precisely and get yields comparable to that of other metals or aluminum alloys.

      See The Point of a Monument: A History of the Aluminum Cap of the Washington Monument for details.

      Still, the point remains that its cost was largely due to its novelty.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    8. Re:wow what a shame by blair1q · · Score: 1

      Ever driven through Texas? They may have a claim on the basis that it came from there.

    9. Re:wow what a shame by blair1q · · Score: 1

      No, one goes from "I got to the moon now it's mine" to "you touched my moon now you die". That's how colonial power works on this planet, and the idea of extending that to space (or even to antarctica) was voted down by the world in the last century. At least, until someone tries it and has enough power to fend off challengers.

      And the rules for what government can and can't do with property are different from the rules for what you can do with property, no matter who owns it.

    10. Re:wow what a shame by zippthorne · · Score: 1

      Uh.. why? All of the land wars on Earth so far have been over patches of land that have accessible resources. economically accessible resources.

      Just wait until the price of oil doubles a few more times and everyone realizes that with the size of Antartica, and the fact that it's covered in hundreds of feet of Ice in many areas, It's sure to have significant oil reserves, and also valuable ores in higher concentrations and closer to the "surface" than anywhere else. We'll see how this "international spirit of cooperation" works out where there's stuff to be had.

      What's on the moon that's worth taking back other than as a curiosity? No resource I know of at the current prices. The most valuable thing on the moon is what you can put there, which is just a prohibitively costly.

      --
      Can you be Even More Awesome?!
    11. Re:wow what a shame by c6gunner · · Score: 1, Interesting

      Still, the point remains that its cost was largely due to its novelty.

      You mean ... kinda like gold?

    12. Re:wow what a shame by Anonymous Coward · · Score: 0

      Actually, it had nothing to do with aluminum being precious...

      It was also a relatively expensive material because ...

      So it did have something to do with it being precious, then?

    13. Re:wow what a shame by Anonymous Coward · · Score: 0

      "let the dude keep his pebble. lets be noble and go back to the moon. we used to be good at it"
      Yes lets do this. We have the ability but do not go. Why? Because we spend all our money funding social programs that do not work. Going to the moon and beyond will create jobs. Lets quite messing around and go.

      "And the principle is about not owning anything gained from space exploration. It's international in scope, and is a big deal, because if you can own a rock, you can claim the moon for your country, and that's going to cause space wars."
      There are treadies to prevent this. Does not mean it will stop all countries from trying. Also it does not say a private person can claim the moon.

    14. Re:wow what a shame by stephanruby · · Score: 1

      we should just go get a bunch more rocks so that they are not valuable.

      That would make them less valuable may be, but that would not completely eradicate their value. There is still the cost of going to the moon and back (which isn't completely free yet). It would just be cheaper to make the guy an offer he can't refuse, let's say give him one billion dollars, and then continue to defund NASA. The sooner we can get rid of NASA, which tries to block all private ventures that try to get into space, the sooner we'll be able to conquer and colonize space.

    15. Re:wow what a shame by dgatwood · · Score: 1

      Precious, at least when we're talking about naturally occurring substances, refers to how prevalent it is in the crust. Gold is relatively rare, at 3-6 parts per billion for the crust. Aluminum is about 8%, or about 80 million parts per billion, and is the most common metal on the planet, followed closely by iron at about 5-6%.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    16. Re:wow what a shame by Anonymous Coward · · Score: 0

      I think you underestimate the size of the moon...

    17. Re:wow what a shame by Anonymous Coward · · Score: 0

      It also has to do with how difficult it is to get it into the desired form (i.e. refine it). Otherwise diamonds would be no more precious than a hunk of coal.

      Rocks containing aluminum might not be particularly precious or rare, but when it's "either extremely expensive, difficult to use in large quantities, or both" to get the damn stuff out of the rocks, then the metal itself is precious in the refined form.

    18. Re:wow what a shame by Anonymous Coward · · Score: 0

      the moon is theoretically part of earth so, guess if anything, it's the other way around?

    19. Re:wow what a shame by gknoy · · Score: 1

      At one point in history, aluminum was very challenging to get in a pure form, and was more valuable than silver.

      http://en.wikipedia.org/wiki/Aluminium

      It was once considered a precious metal more valuable than gold. Napoleon III, Emperor of France, is reputed to have given a banquet where the most honoured guests were given aluminium utensils, while the others made do with gold.[46][47] The Washington Monument was completed, with the 100 ounce (2.8 kg) aluminium capstone being put in place on December 6, 1884, in an elaborate dedication ceremony. It was the largest single piece of aluminium cast at the time, when aluminium was as expensive as silver.[48]

      The [48] footnote links to http://www.tms.org/pubs/journals/JOM/9511/Binczewski-9511.html , which has a very in-depth look at the origins of the monument's capstone. It addresses Aluminum's value:

      The 1884 price of aluminum was approximately $1 per ounce, the same as the then prevailing market price of silver, which was considered a precious metal. The world production of new mine silver in 1884 was approximately 2,834 tonnes. Best reported estimates for world aluminum production in 1884 were 3.6 tonnes, most of it in France and England and some in Germany....

      Aluminum's relatively high price of $1 per ounce ($16 per lb.) was directly related to the high cost and difficult chemical reduction process then in use to produce it.

      I think it's fair to say that it was valuable for more than novelty reasons. Its use as the capstone was somewhat of a whim, but its cost was high at the time. (Much higher than expected, in fact.)

    20. Re:wow what a shame by Anonymous Coward · · Score: 0

      Well, no. Precisely NOT like gold. Gold is actually rare, aluminum is not, it just used to be difficult to refine (reduce really) and work with. Gold's value comes from the fact that it is rare, often did not need to be refined at all, since it is a noble metal that can be found as dust or nuggets occasionally, and is extremely workable.

    21. Re:wow what a shame by Anonymous Coward · · Score: 0

      Aluminum is the single most abundant resource in the entire earth. Don't take my word for it, look it up. If you had all the words gold it wouldn't even fill three Olympic size swimming pools. While that is a lot of gold, I go though that much Aluminum in just my coke consumption yearly.

    22. Re:wow what a shame by Anonymous Coward · · Score: 0

      And the principle is about not owning anything gained from space exploration. It's international in scope, and is a big deal, because if you can own a rock, you can claim the moon for your country, and that's going to cause space wars.

      If nobody can own anything in space to prevent governments from fighting space wars then why can NASA, a department of the US government, claim ownership of the rock?

    23. Re:wow what a shame by Anonymous Coward · · Score: 0

      Don't be absurd.

    24. Re:wow what a shame by Anonymous Coward · · Score: 0

      Until half the moon is moon rocks on Earth.

      Won't that cause tidal problems?

    25. Re:wow what a shame by Anonymous Coward · · Score: 0

      Seems to me that the US president already made claims on the moon- I kid you not. I believe it was Bush before he got the boot.

    26. Re:wow what a shame by Anonymous Coward · · Score: 0

      Seems to me that the US president already made claims on the moon- I kid you not. I believe it was Bush before he got the boot.

      Before anyone takes that statement seriously, note how he failed to provide any citation.

    27. Re:wow what a shame by Anonymous Coward · · Score: 0

      Wait. Didnt america make it to the moon first? Didn't we stick an American flag in the darn thing thats still there? Sounds like America already claimed the moon :D

  8. Geez by Anonymous Coward · · Score: 1

    Let the guy keep his space-rock.

  9. let him keep it until ... by Anonymous Coward · · Score: 0

    ... the rest of them are found.

    Sounds like a good deal to me.

  10. This is what should happen... by jzarling · · Score: 5, Insightful

    Coleman -
    Give it back - sure you saved it and restored the plaque, but its a moon rock it belongs to the public.

    State of Alaska -
    Thank him for safe keeping a state treasure,
    Display the Rock in a museum, and include the message of thanks to Coleman for keeping what you thought was junk, but was also historically valuable.
    make sure you never loose this thing again.

    All sides drop all lawsuits.

    Everyone move on.

    --
    It is better to be the hammer than the anvil.
    1. Re:This is what should happen... by Evtim · · Score: 3, Insightful

      I say, give the man custody over the rock for the duration of his life if it is his "lucky charm". Make sure that all hell rains on him if he tries to profit. Include proper clause in his will. Collect after his death. If he dies in a manner that makes the rock non-retrievable (say a boat sinks with him on board), write it off as an act of God and write an article in Nature that moon rocks are not so lucky after all...

    2. Re:This is what should happen... by Anonymous Coward · · Score: 0

      I guess there is a law on fair compensation, because of the other law of finder keepers.

    3. Re:This is what should happen... by vlm · · Score: 1

      I say, give the man custody over the rock for the duration of his life if it is his "lucky charm".

      Legally safer to do the opposite, the state owns it and the state is legally forced to rent it to him until his death for $1.

      Otherwise when he dies or goes bankrupt, the ownership gets kind of tricky. Also if he refuses to insure it, the state can take it back.

      See, for example, how hackerspaces encourage people to maintain ownership while leasing machines to the hackerspace. That way if the hackerspace goes bankrupt, the equipment owners get their machines back (at least in theory)

      --
      "Science flies us to the moon. Religion flies us into buildings." - Victor Stenger
    4. Re:This is what should happen... by rolfwind · · Score: 1

      No, the law, if morale, should prevail. Not a feel good situation.

      If it states he should keep the rock, then so be it.

    5. Re:This is what should happen... by Synn · · Score: 1

      Actually, that's a pretty good compromise.

    6. Re:This is what should happen... by Anonymous Coward · · Score: 0

      How do you insure a moon rock? It's pretty much irreplaceable (well, without a few billion dollars at least) and the government is unwilling to take money for it.

    7. Re:This is what should happen... by Anonymous Coward · · Score: 0

      Yes... except Anderson filed the damn lawsuit in the first place (asking for money). Alaska is the one counter-suing. Also, Coleman's the guy who (supposedly) wants to keep the rock (or get money for returning it... TFA is kinda light on details and confusing with what they do have, possibly he wants money AND to keep the rock, doubt it though.)

    8. Re:This is what should happen... by Anonymous Coward · · Score: 0

      Only problem being, as soon as he signs this, some three letter agency that doesn't officially exist will have him killed so that the government can own the rock again. Signing a deal like this, is like putting a gun in your mouth and pulling the trigger.

    9. Re:This is what should happen... by Darinbob · · Score: 1

      What baffles me is that these rocks were GIVEN AWAY, and now someone decides "oops, I guess we want them back now."

    10. Re:This is what should happen... by Anonymous Coward · · Score: 0

      belongs to the public? sorry comrade, but that's not true. museum garbage is still garbage that is public domain, if someone privatizes a piece of it, it's their property now. Taking the rock away on legal action would be no different than the government coming after your favorite coffee cup in the interest of the greater public good. There are plenty of countries that get away with that kind of nonsense - let's not import any of that kind of logic.

    11. Re:This is what should happen... by Evtim · · Score: 1

      Makes sense!

      My knowledge of the peculiarities and loopholes of the legal system is a bit vague to say the least. Let's hope the judges will deliver high quality justice in this case!

  11. Break it in half by KPexEA · · Score: 2

    The best compromise is when both parties are not happy with the result.

    1. Re:Break it in half by Anonymous Coward · · Score: 0

      King Solomon would be proud.

    2. Re:Break it in half by Anonymous Coward · · Score: 0

      Actually, the best compromise is when both parties are happy with the result.

    3. Re:Break it in half by Thing+1 · · Score: 1

      The best compromise is when both parties are not happy with the result.

      OTOH, I learned recently that all you need is a fender from a car owned by a celebrity, and you can then "rebuild the car around the fender" and sell a car "that was owned by the celebrity". (The "rebuild" part is actually "attach the fender to another car", generally.)

      On learning this, I then asked what is the smallest resolution of item required? In other words, can I buy that fender and split it into 20 parts, and then sell "20 cars owned by $celebrity"? That seems absurd on the face of it; imagine if I knew that celebrity A only ever owned a single Delorean, and then I heard someone was selling 5 Deloreans that celebrity A owned -- that would be obviously wrong, so I am surprised that it is the way it is. But since it is that way, knowing the minimum resolution is important, in terms of maximizing profit. I heard these fenders can go for a couple hundred grand. (... but of course.)

      Swerving back on topic, perhaps there is a percentage of moon composition that is acceptable. From this example, it was found after a fire and needed to be cleaned. What if not all the "dirt" was cleaned off? It would then be heavier than actual. And if you chose the right dirt, it would not be distinguishable (because after all, here is where the moon came from). So perhaps there is a business model in "cutting" moon rock?

      --
      I feel fantastic, and I'm still alive.
    4. Re:Break it in half by Anonymous Coward · · Score: 0

      "The best compromise is when both parties are not happy with the result," is exactly what the judge said when he sentenced them all to death.

  12. Just one rule by Anonymous Coward · · Score: 0

    Finders keepers.

  13. Translation by characterZer0 · · Score: 0

    "found the rock in debris following a fire at an Anchorage museum in 1973" = "stole"

    If it was not his and he took it without permission, he stole it.

    --
    Go green: turn off your refrigerator.
    1. Re:Translation by Anonymous Coward · · Score: 0

      Is it theft for me to take the newsprint from your recycle bin to use in my gardening, or is it theft for the homeless guys to take the aluminum cans and glass bottles from public trash in order to recycle it for profit? I'd argue that neither are theft, as the original owner has indicated clearly that they do not wish to retain ownership of the property.

    2. Re:Translation by akahige · · Score: 1

      Even if he flat out stole the thing, 1973 was almost 40 years ago -- long past any statute of limitations. So where's the justification in trying to force him to return it?

    3. Re:Translation by hobo+sapiens · · Score: 2

      he found it in the trash. He didn't steal it. It was being thrown out and would have been put in a landfill. The museum was negligent; he didn't steal it.

      --
      blah blah blah
    4. Re:Translation by UnknowingFool · · Score: 1

      I think the part where it was part of trash that was to be hauled away makes this a little complicated

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Translation by Nadaka · · Score: 1

      No, that is the part that makes it simple. You give up your right to trash when you put it out to be hauled away. That is why the police can go through it without a warrant.

    6. Re:Translation by Lumpy · · Score: 1

      "Is it theft for me to take the newsprint from your recycle bin to use in my gardening,"

      if my newsprint was in my kitchen waste bin and you broke in to take it? YES.

      This is what he did. he Tresspassed to get to it.

      --
      Do not look at laser with remaining good eye.
    7. Re:Translation by Anonymous Coward · · Score: 0

      As has already been pointed out, throwing something in the trash relinquishes any claim to ownership of it.

    8. Re:Translation by spire3661 · · Score: 1

      yes, that is theft. Your argument holds no legal water. Taking newsprint from the recycling bin improperly takes material NOT INTENDED FOR YOU. Its not your property, dont fucking touch it. how hard is that? And I call the cops at least once a month to kick the homeless and other low lives out of our community garbage bins taking the bottles and cans. It is theft and trespass. That garbage belongs to our hauling company and us, not any third party. To be clear the main reason we do that is that i get sick of having to shred my mail because the homeless are going through my trash.

      --
      Good-bye
    9. Re:Translation by mark-t · · Score: 1

      You don't give up your ownership of things in the trash that you did not intend to put there. If you can show that the museum intentionally threw it out, then yes... he has a legitimate claim to it. If it ended up in the trash due to an accident... however negligent it may have been on the museum's part to allow that to have occurred, it was still their property.

    10. Re:Translation by brusk · · Score: 1

      Not if you still have it on your property. The police can go through the trash bag on the curb, but not the bin in your back yard. It sounds like this was still on site when he went through it.

      --
      .sig withheld by request
    11. Re:Translation by mark-t · · Score: 1

      I'm not defending the trespassing, but one is compelled to ask what are recyclable bottles and cans doing in a garbage bin in the first place? Why aren't they being recycled?

    12. Re:Translation by UnknowingFool · · Score: 1

      IANAL but I don't think intent matters here. Yes the museum may not have intended to discard it but they should have more diligent about what they throw out. It does matter where the trash was when the rock was taken. If it was in a dumpster ready to be discarded then it makes Anderson's claim stronger. It it was in a pile in a trash can still on premises then the museum can still claim it as theirs. I dont remember where Anderson claims to have found it.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    13. Re:Translation by RobbieThe1st · · Score: 1

      Um...
      "To be clear the main reason we do that is that i get sick of having to shred my mail because the homeless are going through my trash."
      I don't care if you *don't* have homeless going through your trash, there's no way you should *not* be doing this. You can be sure that someone will get one of your un-shredded bits *sometime*, even if you make sure it gets onto the truck safely.
      And when you lose that info, well... it's a big deal.
      So, yes, I'm actually thinking those homeless have done you a service, by letting you know that people *do* go through your trash, and you *had better* shred anything important.

    14. Re:Translation by mark-t · · Score: 1

      "Yes the museum may not have intended to discard it but they should have more diligent about what they throw out. "

      Agreed. But what they should have done doesn't affect property law.

      The finder's claim, at least, leaves him completely off the hook for having stolen it... but it would still be considered stolen property unless the museum intentionally discarded it.

    15. Re:Translation by spire3661 · · Score: 1

      I dont know, ask my neighbors (i live in a condo complex with community dumpsters)

      --
      Good-bye
    16. Re:Translation by spire3661 · · Score: 1

      And you are right to a degree. That doesnt change my ire for the people i see as directly responsible.

      --
      Good-bye
    17. Re:Translation by Vegemeister · · Score: 1

      Go die in a fire. Seriously. You are a worthless hunk of meat.

    18. Re:Translation by ZombieBraintrust · · Score: 1

      It depends on the state. Sometimes the statute of limitations start when they discover you have the property as opposed to when you aquired the property.

    19. Re:Translation by spire3661 · · Score: 1

      Compelling argument...... Im a worthelss hunk of meat for protecting me and my home from those that would do us harm? Bums are desperate and DANGEROUS. They are basically feral humans. (this is in no way implying they are sub-human or due any less rights then any other sentient being, merely pointing out that fact that they are inherently unstable). It got so I couldnt send my kid to take out the trash for fear of some homeless waste of life propositioning him in some way, be it money or other unmentionables. Take your judgement and shove it up your ass.

      --
      Good-bye
    20. Re:Translation by Anonymous Coward · · Score: 0

      I know nothing about the fire at the Anchorage museum, but it looks like the thieving wasn't the only crime he commited to get it.

    21. Re:Translation by UnknowingFool · · Score: 1

      I'm pretty sure that any you dispose of in a trash can and placed in public is no longer considered as your property. That's why the location of where the rock was is important. Anything you put on the street curb in a trash bin is fair game for anyone. Some property owners loathe it when vagrants forage through their trash but technically they are allowed to do so. Police are allowed to seize the contents of trash bins without a warrant as long as the bins are on the street.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    22. Re:Translation by joebagodonuts · · Score: 1

      You own what you can keep and control. If you can't keep control over it, it's probably not yours.

      --
      "Give a woman two glasses of wine and some pad thai, and they'll agree to just about anything." the Sports Guy
    23. Re:Translation by mark-t · · Score: 1

      Actually, if the item was put in the trash by accident, then one is *NOT* presumed to have surrendered ownership of it by placing it there. It is still their property and they have legal entitlement to its recovery, as long as one does not violate any laws to do so. However negligent it may have been of the original owner to have let it get in the trash in the first place is entirely superfluous to actual property law.

      However... the finder would not have any reasonable opportunity to realize this... and it is only a crime to be in possession of stolen property if you actually know that it is stolen, so the finder is not actually guilty of any crime. Nevertheless, it is still considered stolen property, and the owner who accidentally discarded it is legally entitled to its return. The possessor, even though he never broke any laws, is not legally entitled to any special compensation for this, regardless of the item's actual or perceived value, beyond what the actual owner may be willing to offer for its return as a gratuity.

      IANAL, of course, but I once had an encounter with this sort of issue, and what I've described is more or less how it was explained to me by the representative that I was in contact with.

  14. The moon by Anonymous Coward · · Score: 0

    Why would someone go to a museum to see a little bit of the moon, when all you have to do is wait until it's dark and you can see the whole thing...? A rock is a rock, once you've seen one you've seen them all.

    1. Re:The moon by Lumpy · · Score: 1

      But you cant lick the moon. you CAN lick the rock though.

      And no it does not taste like cheese...

      --
      Do not look at laser with remaining good eye.
  15. Precedent by Anonymous Coward · · Score: 0

    I believe there is precedent; I remind the court of the case of Finders VS Keepers.

  16. CRANKY OLD MAN ASTRONAUT by Thud457 · · Score: 5, Insightful

    Buzz Aldrin should fly to Alaska, punch this guy in the nose, and recover the moon rock for the benefit of Mankind. And let a camera crew from the History channel tag along for the lulz.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:CRANKY OLD MAN ASTRONAUT by AndrewNeo · · Score: 1

      Discovery channel camera crew vs History channel camera crew: FIGHT!

    2. Re:CRANKY OLD MAN ASTRONAUT by The+Archon+V2.0 · · Score: 1

      And a Syfy film crew to record it and air it right after Smackdown.

    3. Re:CRANKY OLD MAN ASTRONAUT by bberens · · Score: 1

      The AM radio station reporter will be there to report on claims that they're not actually in Alaska and it was all done on a stage in Hollywood.

      --
      Check out my lame java blog at www.javachopshop.com
    4. Re:CRANKY OLD MAN ASTRONAUT by wickedskaman · · Score: 1
      --
      Sand's overrated... it's just tiny little rocks.
  17. law rarely favors finders-keepers by v1 · · Score: 3, Insightful

    It's a chain-of-ownership issue here. If NASA loaned the rock to the museum for display, and they accidentally tossed it out, NASA still owns it, all the way to the dump and beyond. Just because you lose track of something doesn't mean you don't own it anymore. You have to give it away, sell it, transfer it, abandon it, or have it confiscated, to lose ownership over it. Valuable things are rarely donated to museums, they are more often put on exhibit on a temporary or permanent basis.

    Right now that's looking like the case. But further details could emerge. Maybe NASA gave them 11 rocks along with other stuff, and asked for "all 10 rocks back and you can dispose of the rest of the exhibit", which would transfer ownership of rock #11 to the museum, which threw it out (abandoned it) and then in the trash pile it does become finders-keepers.

    --
    I work for the Department of Redundancy Department.
    1. Re:law rarely favors finders-keepers by pavon · · Score: 2

      NASA didn't loan it. President Nixon gave it to the state governor who had it placed in a museum. Many other governors who received them just displayed it in their office. At that time no one thought these would be the last rocks to be brought back from the moon for generations to come.

    2. Re:law rarely favors finders-keepers by kannibal_klown · · Score: 1

      It's a chain-of-ownership issue here. If NASA loaned the rock to the museum for display, and they accidentally tossed it out, NASA still owns it, all the way to the dump and beyond. Just because you lose track of something doesn't mean you don't own it anymore. You have to give it away, sell it, transfer it, abandon it, or have it confiscated, to lose ownership over it. Valuable things are rarely donated to museums, they are more often put on exhibit on a temporary or permanent basis.

      My understanding is stolen property is returned to the original owner where possible. It doesn't matter if it was sold 2 or 3 times down the line already, if that car was stolen from someone then those poor buyers are SOL and the owner gets the car back.

      Here, it's murky. On one hand the guy saved a priceless artifact from winding up under a few metric tons of trash. NASA should be grateful for that fact alone.

      AND typically trash is the wild west... if it was left on public property (the curb) and in regular trash bins then anyone can pick through it. Cops, homeless, stalkers, ANYONE. It sucks, but those are the breaks.

      So if the rock was still NASA's then it's probably still there's. I really doubt they simply "gave" the rock to a museum, things tend to be "on loan" to museums.

    3. Re:law rarely favors finders-keepers by v1 · · Score: 1

      NASA didn't loan it. President Nixon gave it to the state governor who had it placed in a museum.

      Thanks for the additional information. So ownership transferred from NASA to the governor. Now, did he donate it to the museum, or loan it? Given the context, it sounds like he gave it. Therefor the museum acquired ownership of the rock. Then if they threw it away, it is finders-keepers now.

      --
      I work for the Department of Redundancy Department.
    4. Re:law rarely favors finders-keepers by Darinbob · · Score: 1

      NASA isn't really involved here. It's Alaska plus a former NASA worker. Alaska didn't care after the museum fire really, they salvaged what they wanted and then had the rest hauled to the dump. Now that moon rocks are rare and Alaska realizes that the rock was not lost, they want it back. The former NASA employee has made it his mission, without any government prodding, to track down the moon rocks and make sure the law against selling them is enforced.

    5. Re:law rarely favors finders-keepers by mcmonkey · · Score: 1

      It's a chain-of-ownership issue here. If NASA loaned the rock to the museum for display, and they accidentally tossed it out, NASA still owns it, all the way to the dump and beyond. Just because you lose track of something doesn't mean you don't own it anymore. You have to give it away, sell it, transfer it, abandon it, or have it confiscated, to lose ownership over it. Valuable things are rarely donated to museums, they are more often put on exhibit on a temporary or permanent basis.

      My understanding is stolen property is returned to the original owner where possible. It doesn't matter if it was sold 2 or 3 times down the line already, if that car was stolen from someone then those poor buyers are SOL and the owner gets the car back.

      Are you saying Nixon stole the rock from NASA when he gave it to the governor of Alaska? Because I think people want to know if their president was a crook, and Nixon was not...

      Oh wait.

    6. Re:law rarely favors finders-keepers by Anonymous Coward · · Score: 1

      Then obviously the rock belongs to Sarah Palin. Besides, she can see the moon from her house.

    7. Re:law rarely favors finders-keepers by brokeninside · · Score: 1

      There are two different issues at work here.

      The first is the question of ownership. It would seem, on the surface, that the "good will" moon rocks now belong to the nations and US states to which the federal government gave them.

      But there is another issue: right to sell. Regardless of whether the nations and states that now own the rocks do, in fact, own the rocks, it is still against the law to sell the rocks. They are all designated as "national treasures." Regardless of who owns them, it is illegal to sell them.

      I suspect that Anderson's lawsuit was intended to establish clear title so that he could turn around and sell the moon rocks. But even if he is successful on establishing clear title, he may not be able to legally sell them.

      Moreover, if you read the coverage of Alaska Daily News, it becomes clear that there may not be a clear title. The state's version of events is that the moon rocks were accounted for after the fire and subsequently went missing.

    8. Re:law rarely favors finders-keepers by u38cg · · Score: 1

      It's not murky in the slightest. Most countries have quite specific laws about property, loss, abandonment, and the like. The only argument is about the damn thing's status when the guy picked it up.

      --
      [FUCK BETA]
  18. You can bet this is about money by elrous0 · · Score: 2

    If you've ever watch the crab captains on Deadliest Catch, you would know that there never existed in the universe a more greedy, money-obsessed group of cold sonofabitches than those guys. They LOVE money. They don't hesitate to risk the lives of their own families for money. They think about money from the second they get up to the moment they go to bed.

    If this guy was a crab captain, you can bet that he's holding out for more money. All that sentimental value crap is just his way of bargaining. I guarantee you that the only thing that has stopped him from selling it before was his questionable title to it. If he wins this case, he'll be auctioning it off the next day.

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:You can bet this is about money by OzPeter · · Score: 1

      If you've ever watch the crab captains on Deadliest Catch, you would know that there never existed in the universe a more greedy, money-obsessed group of cold sonofabitches than those guys

      You do know that its just a TV show don't you? That is edited by other people in order to create drama that is intended to get people to watch the adverts so that the advertisers can make money? You do know that don't you?

      In general TV is not about truth, it is about being a vehicle that places Ads in front of eyeballs. You just have to follow the money and see who pays who.

      --
      I am Slashdot. Are you Slashdot as well?
    2. Re:You can bet this is about money by Jawnn · · Score: 1

      Riiiiight...
      And the crew are out there, engaging in one of the most dangerous occupations on the planet, for what, exactly? That's right, money. The captains job is to put as much crab on the boat as possible, as fast as possible, within the limits of his ship, her crew, and conditions. The crew's income is tied directly to that goal, a risky proposition but one which is highly sought after. It's not my cup of tea, but I would not question the motivation of anyone, captain or crew, willing to go the Bering Sea to make their living. I like eight hour workdays and less brutal conditions and will gladly trade those for having my income stretched over a whole year rather than a scant few weeks.

    3. Re:You can bet this is about money by elrous0 · · Score: 1

      First of all, they make very good money doing the job (some of those captains are making 7-figure incomes, with high-school diplomas). And they do it year-round, not just for a few weeks (Deadliest Catch only shows the Red Crab and Opilio Crab seasons).

      And, as I said, if you watched the show, you would get a quick appreciation for how obsessed those guys are with money, and the lengths they will go to to get it. There have been captains on that show who have made their own brothers work with broken bones because it might cost them a few thousand bucks on the haul (I kid you not). They LOVE the money.

      You mark my word, if this guy wins his case he will turn around and sell it very quickly.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    4. Re:You can bet this is about money by TangoMargarine · · Score: 1

      Thank you, Captain Gross Stereotype.

      --
      Unity? Screw that: XFCE. Slashdot Beta? Screw that: SoylentNews. Australis? Screw that: Pale Moon. UX developers DIAF
  19. What about moon shit? by Anonymous Coward · · Score: 0

    Do you think that had the Apollo astronauts brought back their shit from the moon to the earth that people would be arguing over ownership of it?

  20. Their loss, his gain by Anonymous Coward · · Score: 0

    If they did, indeed, throw the baby out with the bathwater, then it's their own loss.
    As far as I am aware, there are no laws preventing you from acquiring something from someone else's garbage.

    Maybe next time they should double check their stuff before throwing it out?

    1. Re:Their loss, his gain by spire3661 · · Score: 1

      There are plenty of laws preventing you from going through and stealing garbage, especially on private property. Designated for trash does not automatically mean its free for all.

      --
      Good-bye
    2. Re:Their loss, his gain by Steauengeglase · · Score: 1

      I'd imagine that depends on the state. Here you go to jail for removing something from a trash receptacle or a land fill if it belonged to the state. (Actually you go to jail either way, because it is the state's property as soon as it gets thrown in the trash.)

  21. Re:Well... by Anonymous Coward · · Score: 0

    While I'm sure you're using it to try and attract little boys, Joe Gutheinz would like to speak to you...

  22. Intolerable! by Anonymous Coward · · Score: 0

    That rock rightfully belong to Lord British; the thieve should return it at once!

  23. I didn't give one to him, so you can't have one. by SEWilco · · Score: 1

    "Our astronauts and their descendants are not permitted to have an Apollo 11-era moon rock to sell for their own enrichment and neither should a private citizen who acquired one in a less-noble manner," Gutheinz said.

    In what way is it relevant what NASA chose to give to the astronauts? If NASA didn't give a rock to astronauts, does that also mean that NASA shouldn't keep any of the rocks? Does NASA own the rocks which it gave away to governors and other countries? If it was NASA's rock, what did it do to recover it after the fire? Did NASA think that a rock can't survive a fire?

  24. That's no moon... by madhatter256 · · Score: 1

    That's no moon....

    --
    Previewing comments are for sissies!
  25. Right...... by Anonymous Coward · · Score: 0

    So let me get this straight, First a museum burns down (probably due to some form of negligence), they apparently don't properly sort through the debris for salvageable relics. This guy spends his own time, effort & money finding and restoring the plaque containing the moon rock pieces that they carelessly forgot about. Now they want it back and "restitution" for its loss??? This is like a guy throwing out an antique toy and then filing theft charges later when he finds out its worth some money and someone else picked it up and restored it.

    1. Re:Right...... by Jiro · · Score: 1

      If you threw out an antique, you have no claim when someone picks it from the trash. But if you lose it, and the finder knows that the antique is yours, they're obligated to return it.

      The museum didn't say "oh, it's a moon rock, we don't need that any more" and put in the trash deliberately. They lost it. It still belongs to the museum.

      And that's assuming it was even lost. It's very suspicious that the guy's foster father was a curator and he just happened to be the one to find the rock. He probably stole it and said "I found it" as an excuse.

  26. Finders keepers... by Anonymous Coward · · Score: 0

    ...losers Litigators?

  27. gimmie a brake by luther349 · · Score: 1

    you knoe are courts have gone downhill when they are fighting over a rock and they acully took the case. nasa needs to chill the f out what abought all those little placks they sold with moon rocks on them.

    1. Re:gimmie a brake by Anonymous Coward · · Score: 0

      Congrats! I think you spelled ten words right but I still didn't understand a word you said.

  28. Holy, begging of the question Batman! by nedlohs · · Score: 1

    Nice title.

  29. Ever wish... by Anonymous Coward · · Score: 0

    You just kept your mouth shut about the fancy rock you found?

  30. Looting by Anonymous Coward · · Score: 0

    Hm, so a museum burns down. This guy start combing through the garbage to see if they missed anything after the tragedy. He finds what he *knows* is a valuable piece of property from the museum that they missed in the debris. He then decides to keep it instead of returning it to the rightful owners. He knows it is valuable, he knows who it belongs to and he decides to walk off with it instead.

    When you know that someone has suffered a tragedy you should step up to help them recover rather then hunting around hoping that they've miss placed something that you can walk off with. That behavior is called 'looting'.

    What a slime bucket this guy is.

    1. Re:Looting by Anonymous Coward · · Score: 0

      Uhm, when MY house burned, I went through MY OWN garbage and salvaged everything of value. What I took to the curb I considered irretrievably lost to me and if somebody else found something valuable in it, that's my own fault for putting it in the trash.

      If he broke into the museum and rooted through the debris, then sure, that's looting. But they aren't accusing him of that. He claims they threw it away. If so, that's their own fault.

    2. Re:Looting by Em+Adespoton · · Score: 1

      Of course, the issue here is that the museum didn't own this, so it wasn't theirs to give to the garbage company in the first place. It was a NASA exhibit.

      I'd be pretty annoyed if I loaned a labeled collection of some sort to somebody, they had an accident, tossed it out, someone else found it, and nobody told me.

      Did NASA claim the insurance money? If not, they probably have a right to it. If they've already claimed for loss however, I don't see how they then have the right to just go back and take it... it's already been compensated for, eminent domain or no.

    3. Re:Looting by nedlohs · · Score: 1

      Sure, but non-dickheads when they see something they know you didn't mean to trash would get it and give it to you.

      Of course being a dickhead doesn't mean you are stealing, just that you're a dickhead. And back then moon rocks likely weren't seen to be so special (certainly not worth millions on the "black market", since nobody expected the US to just visit a few times and then forget all about it for decades).

      This will be complicated by it not being trash put on the curb but the remains from a fire being cleaned up (so still on the property in question, but soon to be picked up by the disposal folk), and whether it's property of the US Government no matter what in any case.

  31. Perhaps on the seas ... by brokeninside · · Score: 1

    ... but unless the state (or private owner if the property was leased) gave permission for a salvage operation, then this isn't a salvage operation.

    By way of comparison, say my house burns down. You come and search through the rubble that used to be my basement and find something I missed. If you take it home, that's not salvage but theft. That the state owned the museum (or leased it) shouldn't make this much different.

    But that's the legal perspective. It doesn't necessarily dovetail with what the right thing to do is.

  32. Theft by Anonymous Coward · · Score: 0

    He's lucky all that is happening is a lawsuit, that's grand theft, the black market value(only tangible value at current) is 5 million.

  33. abort, retry, fail? by Anonymous Coward · · Score: 0

    break the rock in two and both parties will have what they want, a piece of history.

  34. Offer him FMV... by HogGeek · · Score: 4, Insightful

    According to the TFA, the item was "presented to the state of Alaska in 1969 by President Nixon".

    If the museum was run by the state, then they tossed it, and he owns it...

    1. Re:Offer him FMV... by brokeninside · · Score: 1

      But if as the state alleges, the moon rocks were accounted for after the fire and then they just went missing from the building, then they probably didn't toss it and someone is probably a looter at best or an outright thief at worst.

  35. You should read that link by brokeninside · · Score: 2

    I do not believe any party to the suit is willing to admit that the moonrock was intentionally placed in a trash receptacle outside the building and curtilage of the museum and, thereby, abandoned.

    And, even if that were the case, that does not mean that a finder has right to title if the object is found. If, as I believe the feds are claiming, the rocks don't actually belong to the museum but to the US government, then it doesn't matter if the museum did abandon the rocks.

    That said, it's apparent that the government is being an asshat about the situation. What they should have done is graciously thanked Anderson for saving the rocks, offered to generously reimburse him for his time as steward of the rocks, and offered to put a commemorative plaque with his name on the new display. As it is, they're being petty bullies.

    1. Re:You should read that link by Anonymous Coward · · Score: 0

      I went through democrats.org, and I couldn't find anything that says their platform supports him. Are you sure this issue is legitimately partisan? Or are you just engaging in mental masturbation?

    2. Re:You should read that link by japhmi · · Score: 3, Insightful

      As it is, they're being petty bullies.

      Well that's what you get when you let Republicans take office.

      Yes, because the current Administration is Republican. Wait a second....

      You do realize that it's the Executive branch who would be doing the suing, right? You are also informed that the current Chief Executive is not a Republican, nor is the current Administrator of NASA a Republican Appointee?

      --
      "Giving money and power to government is like giving whiskey and car keys to teenage boys" P. J. O'Rourke
    3. Re:You should read that link by Anonymous Coward · · Score: 0

      As it is, they're being petty bullies.

      The government!? Well I never!

    4. Re:You should read that link by Anonymous Coward · · Score: 0

      Read TFA. Anderson is suing the state of Alaska, asking for reimbursement (precisely what you said the government should do willingly). Now, I agree with you, the state should reimburse him for his stewardship and care in rescuing the rock. But, for Anderson to sue the government asking for that? That smells a bit fishy to me. Looks like you're standard moneygrab here, despite what everyone in the comments seems to think b/c they didn't RTFA. Could be wrong though, details were a bit scant.

    5. Re:You should read that link by rwade · · Score: 1

      That said, it's apparent that the government is being an asshat about the situation. What they should have done is graciously thanked Anderson for saving the rocks, offered to generously reimburse him for his time as steward of the rocks...

      The government is not a typical business that can do the obvious thing of paying someone off to avoid the hassle of legal battles, particularly when the issue is something that is literally priceless.

      First of all, who decides how much this is worth? In other words, how can the government ensure that it's taxpayers will be satisfied that is hasn't overpaid for this rock?

    6. Re:You should read that link by Anonymous Coward · · Score: 0

      As it is, they're being petty bullies.

      Well that's what you get when you let Republicans take office.

      Yes, because the current Administration is Republican. Wait a second....

      You do realize that it's the Executive branch who would be doing the suing, right? You are also informed that the current Chief Executive is not a Republican, nor is the current Administrator of NASA a Republican Appointee?

      Woosh

    7. Re:You should read that link by corbettw · · Score: 1

      As it is, they're being being true to their nature as bureaucrats.

      FTFY.

      --
      God invented whiskey so the Irish would not rule the world.
    8. Re:You should read that link by Amouth · · Score: 1

      except they didn't know he had it till he filed suit to keep it.

      if he had just kept his mouth shut there would be no problem with him keeping it as no one would know.

      he is just doing this to drum up publicity and if he can money, i seriously doubt he cares about the rock.

      --
      '...if only "Jumping to a Conclusion" was an event in the Olympics.'
    9. Re:You should read that link by Anonymous Coward · · Score: 1

      Don't waste your time on him. There is a set of people who genuinely believe politicians from one or another political party are to blame for absolutely everything. Facts have no place in their fairytale land.

      The rest of us can only shrug, and address the actual bad things both political parties are doing.

    10. Re:You should read that link by Anonymous Coward · · Score: 0

      But you aren't, are you? I mean, the asshole Rethuglicans are raiding my retired grandparents' pension (teachers in WI, both worked 40 years as teachers before retirement) right now, and you fuckers aren't doing a goddamn thing while Scott Walker takes bribes from the Koch brothers.

      And then there's the Rethuglican shitheads holding the country's budget hostage on their "Tax Cuts For The Ridiculously, Insanely, Unbelievable Fucking Rick Crack-Smokers" platform.

      And you aren't doing anything about it. So excuse me if I find your protestations pretty fucking hollow.

    11. Re:You should read that link by Anonymous Coward · · Score: 0

      Oh, the oppression olympics. Bravo.

      I'd really *love* to respond to you, actually, to give you some sense of perspective -- because I, too, was wronged when I was most vulnerable, and no one stepped up to help me, and all this happened in one of the most progressive states in the union.

      But because bullying and ostracization -- even when it is systemic, complete, forces you to near suicide, and you are still suffering from the effects of it 20 years later -- isn't a real wrong, I get nothing. Nadda. Or if anything, just victim blaming.

      And I don't take exception to your demand that I should bend over and pay retired teachers more. What really wants me to tell you to sod off is your whine that I am not "doing anything about it." Let me express it simply: 1984 to 1997. What have you done to help me, or people in a similar situation as me, in that time?

      But you are a fly-by-night AC, and wouldn't see it, so off you go into the aether knowing that you are right.

      Yes, I know I am posting AC too. But that is because I know there is still so much victim blaming (after all, it must have been all my fault, right) and I have found that I get angry responses from people when I dare suggest that something have been done to help me socially, because I was on the verge of suicide from all of it and people all but say to my face that maybe I should have died.

      Democrats claim to help the disadvantaged, but I know with every fibre of my being that they failed in my case. At least Republicans won't ask me to sacrifice to help others. If you don't like my stance, maybe you need some introspection.

    12. Re:You should read that link by Cederic · · Score: 1

      I think the appropriate response would be to pay him for his time and labour in saving this national treasure.

      Call it two days work, say $20/hour (generous for a 17yo), round it up to $200.

      Now charge him for daily admittance to a museum exhibit, namely a very rare and precious moon rock. $1 feels almost unfairly cheap, but lets acknowledge his regular and repeat visits and give him a 90% discount.

      So that's $36.50 a year, based on exceedingly generous terms.

      Looks like on balance, he owes them some money, even being generous about it..

  36. Other moon rocks by scharkalvin · · Score: 1

    There are probably many moon rocks on earth other than the ones brought back by project Apollo. Just as meteor strikes on Mars sent rocks on a collision course with earth, so did meteor strikes on the moon. The hard part would be in proving that a particular rock came from the moon.

    1. Re:Other moon rocks by Anonymous Coward · · Score: 0

      Actually, that is not so hard to prove at all as the mineralogy is distinct. There are quite a number of certified lunar meteorites now, and you can buy small pieces of them from various meteorite dealers for affordable prices nowadays. I have two small pieces. They are completely legal to own, by the way.

  37. Why does it matter? by aardvarkjoe · · Score: 1

    Joe Gutheinz, a former senior investigator for NASA's Office of Inspector General, has made it his goal to collect all 230 moon rocks presented by the US to governments around the world, and put them in a museum.

    Seriously, what's the difference if the museum contains 229 or 230 moon rocks? It sounds like without this guy, the rock would have been lost forever. Really, who is going to be harmed by allowing him to keep the thing?

    --

    How can we continue to believe in a just universe and freedom to eat crackers if we have no ale?
    1. Re:Why does it matter? by The+Archon+V2.0 · · Score: 1

      But Joe's Pokemon collection won't be complete! He needs to have a MoonRocki, MoonRocku, AND a MoonRocka or he can't be the best trainer in Astronaut City!

  38. If NASA wants to get it back, by VAElynx · · Score: 1

    they should pay the guy compensation - they fucked up, he found it and prevented it from being lost. But instead of owning up, they try to hide their messup by making him look bad
    If someone tried this shit on me, i'd probably make a cheap lookalike, and toss the real thing somewhere, or just straight out lose it, just to spite them.
    If the guy was as profit oriented as you lot claim he'd have sold it to some private collector long ago anyways.

    1. Re:If NASA wants to get it back, by Issarlk · · Score: 1

      If NASA wants another rock they should man up and send a robot there to bring another back.

  39. People should withhold judgement (yeah, right). by gfxguy · · Score: 2

    On the matter of legality, the claim is that the museum staff "meticulously" searched through the debris, salvaging what they deemed valuable, before calling the trash removal company to haul the rest away. Anderson did not dumpster dive to get this, but he did pick it from among the remaining debris.

    As far as the rock being a "loaner," I respectfully disagree... it was presented to the museum by President Nixon; many museums display loaned items, either from private collections or as part of an arrangement with other museums, but that doesn't mean they don't "own" any of the items on display, if something is "presented" to them, then one would think they own it. After the fire, they chose not to salvage it.

    Let's let the courts decide the legality... it seems like there's a lot of gray area we may not be privy to right now.

    On the matter of ethics, or should he return it, I say... no. Why should he? There's over 200 of them, many of them "recovered." So what are they going to do with them? Lock them away? Put them in more museums? They got 70 of them back... isn't that enough for whatever they want to do? It seems like sour grapes to say "well, X can't have one, so why should Y," when it makes little difference in the end to X or anyone else that Y has one.

    It would be cool if Anderson would "lend" it to a museum, so other people can see it, too, but I don't see why legal or "moral" ownership requires a prerequisite that others should be able to own the same thing.

    --
    Stupid sexy Flanders.
    1. Re:People should withhold judgement (yeah, right). by brokeninside · · Score: 5, Informative

      The state's side of the story:

      Guthienz and Riker weren't the only ones searching for Alaska's moon rocks. Alaska State Museum curator Steve Henrikson had been looking for them on and off since he was hired 21 years ago in Juneau. The story he pieced together didn't match Anderson's.

      The last people to see the plaque, Henrikson said, were two museum employees who walked through the building after the fire. According to them, the moon rocks were intact, in a glass case. After that, museum staff discussed taking the plaque out of the burned-out area and putting it in a more secure part of the museum.

      A few days later, a museum employee noticed it wasn't in the case. Instead there was just a clean square in the ash and dust where it had been sitting. She assumed Phil Redden, a museum curator, took it home for safe-keeping. But later, when he was asked, Redden denied it.

      Shortly after the fire, the museum lost its funding and all the employees were let go, Henrikson said. That left the cleanup and inventory of the artifacts to employees in Juneau. It took them three years to go through everything. They kept expecting to find the moon rock plaque but they never did, Henrikson said.

      From Alaska News Daily.

    2. Re:People should withhold judgement (yeah, right). by Anonymous Coward · · Score: 0

      He should definitely keep it. Collecting all of these rocks and keeping them in one place is stupid. 200 years from now his rock might be the last one with its whereabouts known, the others having been buried under a freeway. The guy who's dream it is to collect all of them will eventually die, his passion taken to the grave, and the rock collection may end up completely neglected. Take a freaking hint from the museum fire, already.

  40. Lesson to Learn by geoffrobinson · · Score: 1

    Unfortunately, the lesson is that he should have just kept quiet and kept his souvenir. Especially if his account of events is honest and the rock was a gift, not a loan.

    --
    Except for ending slavery, the Nazis, communism, & securing American independence, war has never solved anything.
  41. He didn't take it out of the trash. by ZombieBraintrust · · Score: 1

    He didn't take it out of the trash. His dad was the curator for the museum. His dad likely stole the rocks after the fire.

    1. Re:He didn't take it out of the trash. by waltmarkers · · Score: 1

      From the article:

      "He was a 17-year-old, and the curator of the museum was close, like a father to him," said Seattle attorney Daniel Harris, who is representing Anderson.

      Like a father father, your statement is false, your argument is invalid. The moon rocks were given by Nixon to the various government bodies, not licensed by NASA or distributed with a EULA. NASA's interest ended, and they are using the only tools they have available, intimidation and shame. Can someone please explain to me why it is important that we collect every spec of dust brought back with that moon mission? We have some, and if we want more moon rocks, well we know where they are, right?

    2. Re:He didn't take it out of the trash. by ZombieBraintrust · · Score: 1

      From a different article:

      Second, a man named Coleman Anderson is listed in the obituary for the transportation museum's last curator, Phil Redden. It says that Anderson was Redden's foster son.

      So it was his literal father. IE we have to believe that Phil Redden never noticed his foster son had the missing moon rocks in his bedroom. http://community.adn.com/adn/node/157506#ixzz1RpF9Xh2B

    3. Re:He didn't take it out of the trash. by AK+Marc · · Score: 5, Insightful

      NASA gave away the rocks. Then complains when they end up in the hands of people they don't want to have them. They should have done what museums do and put things on permanent loan so that they would retain ownership but let others have use of them. But no, they give them away then demand them back on whims. Like you say, when a EULA does that, people here generally go nuts, but when it's done with a rock (something likely even less appropriate for such treatment) people support a completely unwritten EULA. I can't understand it.

    4. Re:He didn't take it out of the trash. by ZombieBraintrust · · Score: 1

      well to be devils advocate to myself. Anderson was 17. So it was possible they weren't living together.

    5. Re:He didn't take it out of the trash. by stephanruby · · Score: 1

      Technically, the trustees of the museum should be the ones suing. If the curator was in on it, and even if he was not, it's their obligation as Trustees to be the final line of defense (both against this guy **and** against NASA). If they don't sue, they could be sued themselves for negligence (depending on which State they're in).

      Now if the Trust was dissolved, then that's where things would get complicated, but hopefully that's not the case. Once the moon rock is safely back in the hands of its original owner, the Trust, then it could then negotiate a fair exchange with NASA (or NASA could try suing them I suppose), but god knows, NASA has plenty of stuff it could trade a museum with, and that may be the fastest way (instead of invoking some weird law that NASA thinks it owns everything that was recovered from the moon, which itself is ludicrous)

  42. some kind of present that is... by t2t10 · · Score: 1

    So, NASA hands out all these presents, and later they change their mind and want them all back. I think people would be better off refusing it.

    And maybe if they spent more time getting people up into space and less on chasing down moon rocks, we'd soon get fresh moon rocks from the source.

  43. Funny by Anonymous Coward · · Score: 0

    How NASA thinks moon rocks are that valuable. Frankly, their goal should have been to make them common. But that's the old NASA, the new NASA is a bloated bureaucracy that begs for rides on Russian rockets.

  44. Get more? by Xenious · · Score: 1

    Why don't we just go and get another, oh yea it all got cancelled... ;)

    --
    -Xen
  45. I find this quote particularly sad by c.r.o.c.o · · Score: 1

    "In 1973," Harris wrote in the lawsuit, "the plaque was widely considered not to have any real monetary value because it was assumed moon trips would soon become a nearly everyday occurrence."

    What happened in the past 40 years or so? I am just barely old enough to remember Challenger, but it seems like throughout my life space exploration has stagnated if not outright declined.

    Now I understand that from a scientific point of view sending probes to Mars and beyond is cheap, safe (unless you mix up your feet with your hogsheads) and the amount of data gathered is enormous. But sending a human being to another planet is on a completely different level of excitement. Seeing the grainy footage of the astronauts walking on the Moon still sends shivers down my spine, while the highest resolution pictures taken by the Mars rovers leave me unimpressed.

    I will venture a guess, but this is one of the reasons the general public does not care that NASA has its budget reduced every year. Recently /. ran a story about a new rover landing on Mars, and I just thought "meh." Now if these missions were part of a larger plan of manned space exploration, then I'd care. But I'm pretty sure it will not get us anywhere, at least not within the rest of my lifetime.

    So I ask again, what happened? Where did we go wrong, and how can we, the human race, get back into space?

    1. Re:I find this quote particularly sad by rubycodez · · Score: 1

      so instead of exploring space for scientific reasons we should do it for thrills and chills? waste of money and illogical. we are doing the right thing, exploring space with probes for now. when we have fusion power (perhaps from robotic mining of asteroids or moon) we then will have sufficient energy for massive payloads, and be able to colonize the solar system and the near stars.

    2. Re:I find this quote particularly sad by c.r.o.c.o · · Score: 1

      so instead of exploring space for scientific reasons we should do it for thrills and chills? waste of money and illogical.

      Sending people into space is absolutely a waste of money and is illogical but it's also exciting. It's something the whole world wants to see and can relate to. And that's how you receive the funding to continue research. If nobody cares that yet another robot landed on Mars, or a probe went into the sun or collected dust from a comet, the budgets will get cut and no research will be done. Which incidentally is pretty much what's happening now. Do you think the US would have put Neil Armstrong on the Moon if the USSR hadn't been the first to send Yuri Gagarin into space?

      we are doing the right thing, exploring space with probes for now. when we have fusion power (perhaps from robotic mining of asteroids or moon) we then will have sufficient energy for massive payloads, and be able to colonize the solar system and the near stars

      Fusion power is a technology I've been hearing for as long as I remember, and we're always 20 years away. I'm not saying it won't happen, but waiting for it at the expense of everything else is short sighted. The lessons learned from sending small payloads into space can be applied to massive payloads. Solving water, oxygen and food recycling problems is important. Radiation shielding, dealing with the effects of microgravity, etc, etc are all of vital, equal to propulsion issues.

      My point is a chunk of Moon rock suddenly became extremely valuable. Why? Because we, as humans, never went there again. And that in my book is a sad thing.

  46. You do realize that the feds aren't suing, right? by brokeninside · · Score: 2

    As of the present, the only government involved is the state of Alaska which filed a counter-suit to Anderson's pre-emptive lawsuit.

    The timeline is basically:
    1. Former investigator teaches college course encouraging students to track what happened to various moon rocks.
    2. Student finds where the trail ends (at the museum fire) and encourages the state of Alaska to get involved in finding what happened.
    3. Anderson sues for the right to keep the rock or have the state recompense him for keeping the rock safe.
    4. The state of Alaska counter-sues.

    At which of those four steps did the Obama administration, the present administrator of NASA, or anyone else in present federal government become involved?

  47. The government does that all the time by brokeninside · · Score: 1

    This rock is at the same time worthless and priceless. But that is neither here nor there. I'm not arguing that the government should buy the rock. So far as I can tell, the government of Alaska has clear title.

    What I'm suggesting is that the government recompense Anderson for the time he spent taking care of the rock just as it would paid to have it restored and paid people to curate the display if the state had found the rock in the museum debris.

    But as for whether governments can be arbitrary in awarding such monies to people, it can and it does. In most states, the legislature is allowed to vote to spend money however it wants. And, there is a long track record of this starting with money given by the federal legislature to George Washington.

  48. The Facts Not in the Summary. by ZombieBraintrust · · Score: 2
    They can't charge him with anything the statute of limitations has expired. This is a civil case to determine ownership. The facts are pretty simple.

    The last people to see the plaque, Henrikson said, were two museum employees who walked through the building after the fire. According to them, the moon rocks were intact, in a glass case. After that, museum staff discussed taking the plaque out of the burned-out area and putting it in a more secure part of the museum. A few days later, a museum employee noticed it wasn't in the case. Instead there was just a clean square in the ash and dust where it had been sitting. She assumed Phil Redden, a museum curator, took it home for safe-keeping. But later, when he was asked, Redden denied it.

    a man named Coleman Anderson is listed in the obituary for the transportation museum's last curator, Phil Redden.

    Coleman Anderson has the rock. http://community.adn.com/adn/node/157506

    1. Re:The Facts Not in the Summary. by black+soap · · Score: 1

      Possession of a stolen item doesn't require also convicting for theft, does it?

  49. Trash is finders keepers. by Anonymous Coward · · Score: 0

    Generally, it's considered that once you throw something in the trash, it's now public property for anyone who wishes to claim it. The courts have ruled thusly for many years, and I doubt this will change things. If the court rules otherwise, it would give him a solid shot of winning on appeal, if he chose to pursue it.

  50. if cops can do it why can't we? by aenigmainc · · Score: 1

    Correct me if i'm wrong, but if you have garbage in a public place can't the cops search and confiscate without a warrant because its no longer your property? doesn't the same apply here? what about people that dumpster dive? are they stealing? Maybe they are if you are paying a trash company, and its their trash bin, maybe you are technically trespassing. I just don't know. Anyway, i feel that if a cop can take my garbage than a citizen can take my garbage.

    1. Re:if cops can do it why can't we? by sosume · · Score: 1

      If something looks like a garbage can, it does not have to be one. Even if it's stuffed with garbage. One man's trash, another man's treasure.

    2. Re:if cops can do it why can't we? by couchslug · · Score: 1

      If your garbage is left at the curb, there is expectation that it's accessible to citizens:

      "rss Subscribe print Printer Friendly Share this Page
      HomeProtectionLearn What to Shred
      California vs. Greenwood
      Supreme Court Decision on Garbage Privacy

      SUPREME COURT OF THE UNITED STATES
      486 U.S. 35
      January 11, 1988
      May 16, 1988

      CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT
      Syllabus

      Acting on information indicating that respondent Greenwood might be engaged in narcotics trafficking, police twice obtained from his regular trash collector garbage bags left on the curb in front of his house. On the basis of items in the bags which were indicative of narcotics use, the police obtained warrants to search the house, discovered controlled substances during the searches, and arrested respondents on felony narcotics charges. Finding that probable cause to search the house would not have existed without the evidence obtained from the trash searches, the State Superior Court dismissed the charges under People v. Krivda, 5 Cal.3d 357, 486 P.2d 1262, which held that warrantless trash searches violate the Fourth Amendment and the California Constitution. Although noting a post-Krivda state constitutional amendment eliminating the exclusionary rule for evidence seized in violation of state, but not federal, law, the State Court of Appeal affirmed on the ground that Krivda was based on federal, as well as state, law.
      Held:

      1. The Fourth Amendment does not prohibit the warrantless search and seizure of garbage left for collection outside the curtilage of a home. Pp. 39-44 .

      (a) Since respondents voluntarily left their trash for collection in an area particularly suited for public inspection, their claimed expectation of privacy in the inculpatory items they discarded was not objectively reasonable. It is common knowledge that plastic garbage bags left along a public street are readily accessible to animals, children, scavengers, snoops, and other members of the public. Moreover, respondents placed their refuse at the curb for the express purpose of conveying it to a third party, the trash collector, who might himself have sorted through it or permitted others, such as the police, to do so. The police cannot reasonably be expected to avert their eyes from evidence of criminal activity that could have been observed by any member of the public. Pp. 43-44 .

      (b) Greenwood's alternative argument that his expectation of privacy in his garbage should be deemed reasonable as a matter of federal constitutional law because the warrantless search and seizure of his garbage was impermissible as a matter of California law under Krivda, [p*36] which he contends survived the state constitutional amendment, is without merit. The reasonableness of a search for Fourth Amendment purposes does not depend upon privacy concepts embodied in the law of the particular State in which the search occurred; rather, it turns upon the understanding of society as a whole that certain areas deserve the most scrupulous protection from government invasion. There is no such understanding with respect to garbage left for collection at the side of a public street. Pp. 43-44 .

      2. Also without merit is Greenwood's contention that the California constitutional amendment violates the Due Process Clause of the Fourteenth Amendment. Just as this Court's Fourth Amendment exclusionary rule decisions have not required suppression where the benefits of deterring minor police misconduct were overbalanced by the societal costs of exclusion, California was not foreclosed by the Due Process Clause from concluding that the benefits of excluding relevant evidence of criminal activity do not outweigh the costs when the police conduct at issue does not violate federal law. Pp. 44-45 .

      182 Cal.App.3d 729, 227 Cal.Rptr. 539, reversed and remanded.

      WHITE, J., delivered the opinion of the Court, in which REHNQUIST, C.J., and BLACKMUN, STEVENS, O'CONNOR, and SCALIA, JJ., joined. BRENNAN, J.,

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  51. Rounding up the rock collection by MDMurphy · · Score: 1

    "Joe Gutheinz... has made it his goal to collect all 230 moon rocks presented by the US to governments around the world"

    A retired guy who now acts like he's on a mission for God re-assembling the old rock group. He does sound like a tool. First he goes on about the astronauts not given rocks to keep. (Me, I wouldn't bet more than $5 that there's an Apollo astronaut with a rock ). Then to make his quest sound even more noble invokes the memory of dead astronauts, the number of which he seems to have pulled out of the air.

    My first thought was Bookman on Seinfeld with his dogged quest to find the missing copy of "Tropic of Cancer", though Inspector Javert chasing Jean Valvaljean sounds better than a pop culture reference.

    1. Re:Rounding up the rock collection by rubycodez · · Score: 1

      I would be very surprised if ALL the astronauts didn't pocket away a little piece of the moon, and some now belong to the kids or spouses of the dead ones.

  52. Nasa owns garbage? by Anonymous Coward · · Score: 0

    Since when did NASA claim ownership of anything in a trash can?

  53. The huge problem with his claim by GodfatherofSoul · · Score: 1

    How does anyone know that he didn't pilfer the museum debris before it was written off as a total loss? Not a lawyer, but I'd assume that the burden of proof is on him. On a personal note, if my house burned down and a guy shows up with grandpa's pocket watch and claims he found it in the dump where the burned remnants were disposed, I think he loses.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  54. Interesting quote by GodfatherofSoul · · Score: 1

    "Three state governors accidentally took their state's rocks home after leaving office."

    Yeah, right.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  55. Apparently there is a reason they didn't know by brokeninside · · Score: 1

    According to Alaska Daily News, the state's side of the story is significantly different. That they aren't alleging outright theft is only because the statute of limitations has run out.

    I may need to revise my estimation of the state as acting like a petty bully. If their story holds water, this may be a cut and dried case of looting.

  56. Exactly. by publiclurker · · Score: 1

    And these people agree to be on that show for one reason. Money. You actually managed to confirm elrous0's post.

  57. Premeditated Rock Collecting? by Anonymous Coward · · Score: 0

    What if the cause of the fire at the museum is determined to be arson?

  58. NASA owned it, not the museum? by perpenso · · Score: 1

    The museum went right over all the debris, took what they wanted, declared the rest trash/unsalvageable, and rescinded ownership of it.

    I'm not sure it was ever *owned* by the museum. The museum may have merely been in lawful possession of it for the purposes of public display. NASA may have been the rightful owner and they never rescinded ownership. **IF** so they may have every legal right to its return.

    1. Re:NASA owned it, not the museum? by Moryath · · Score: 1

      Bullshit.

      If the museum failed to inform NASA that they considered it destroyed, then NASA may have a cause for monetary claim against the museum. Nothing more.

      The rock's been "missing", and more to the point neither NASA, nor the federal or state government, even bothered to search for it, since 1973.

      That would place it under Adverse Possession laws:

      http://touchngo.com/lglcntr/akstats/Statutes/Title09/Chapter45/Section052.htm
      http://touchngo.com/lglcntr/akstats/Statutes/Title09/Chapter10/Section030.htm

      It's long been abandoned. Legally, the State of Alaska can go fuck themselves.

    2. Re:NASA owned it, not the museum? by perpenso · · Score: 1

      Given that the rocks are presumably federal property Alaskan law may not apply.

      IANAL but in general there are requirements for the person possessing something to be able to claim Adverse Possession, wiki mentions good faith and paying taxes for example.

      Also your claim that NASA abandoned the property is an assumption. NASA has been clear about the private possession of moon rocks from day one. Being misinformed by the museum would not seem to be abandonment.

      I think things are a bit more complicated than being suggested.

    3. Re:NASA owned it, not the museum? by Anonymous Coward · · Score: 0

      What the hell is it with people thinking "adverse possession" will work on software, moon rocks, or stolen underwear?

      Adverse possession is a law about REAL PROPERTY which is to say land ownership. If you've got my Star Trek DVD or the Mona Lisa, you have to give them back even if you managed to hide them for seven years (or seventy) in a shed.

      Why is REAL PROPERTY (ie land) different? Because you can't hide it! By definition if you've taken adverse possession of my land I can't fail to notice unless I don't bother to look, and the law says that if I can't be bothered to look for a whole SEVEN YEARS then it's tough luck for me

      The usual way adverse possession occurs is Person A owns a chunk of land, and person B has permission to build, say, a house next to it. So person B builds the house, but by accident the edge wall is just over the line. Now if Person A notices the problem, they can insist the wall (and thus the house) be torn down, because it's on their land. Adverse possession ensures that such silliness can only happen within a short (well, relatively) time, so this doesn't get out of hand.

    4. Re:NASA owned it, not the museum? by ZombieBraintrust · · Score: 1

      The state of Alaska is claiming that the museum curator stole the rock. That he falsly reported it missing. And that he then gave it to his son. His son is the person possesing the rock. It is not as simple as you think it is.

  59. Re:Well... by TrisexualPuppy · · Score: 1

    ...Joe Gutheinz would like to speak to you...

    Interesting that you bring that up. Of all the potentially credible sources whom the author could have picked, why did he select a "professor" from the University of Phoenix? How about Rutgers? Harvard? UC Berkeley? SURELY the author (writing for The Seattle Times: Winner of Eight Pulitzer Prizes as displayed prominently at the headline of the article) could have found a professor at a real, not-for-profit university who would put in his two or three cents. Or even someone from a reputable community college. But a bona fide diploma mill? And before anyone tries to nab me on the guy being an "agent for NASA," who went undercover, I want to see some facts because he more than likely was not employed by NASA. Something really doesn't add up here.

  60. You missed an option, public display by perpenso · · Score: 2

    To put it more bluntly: would you rather it be in a private collection or lost completely? Those are your two options.

    Well there is a third option: rescued from museum mishandling, returned to NASA, and put on public display.

    I don't think this guy did anything wrong, rather he deserves to be thanked. However the museum probably did not have ownership nor did they have the right to throw it out. If you loan something to a museum and they mishandle it don't you still own it?

  61. Re:Well... by Anonymous Coward · · Score: 0
    "a real, not-for-profit university"

    Uhhhhhmmmmm.... No such thing. Universities are very much for-profit, and are the weapon of choice to control populations.

  62. Re:You do realize that the feds aren't suing, righ by Anonymous Coward · · Score: 1

    So basically, anyone who doesn't agree with your point (which so far has been just "lol republicans are evil QED") is automatically a tea party zealot? Is that correct?

    Here is a summary of this thread so far, starting from your post. Please speak up if any part of it is incorrect:

    1. You said "Well that's what you get when you let Republicans take office" in response to someone saying "they are bullies."

    2. One poster raised the point that the democrats don't seem to be working to change the tide here and points out that maybe you are just blaming Republicans for its own sake. No response from you.

    3. Another poster demonstrates that the people who are in charge are, in fact, democrats. You don't bother to address that in any rational way but:

    4. Someone responds to that post, highlighting how some democrats weren't involved,

    5. You boldly proclaim that because some democrats weren't involved, republicans are at fault, and then proceed on a partisan rant that better belongs on your blog.

    6. Rest of us think you need to better explain yourself, because one doesn't follow the other.

  63. Unjust Enrichment by Wordplay · · Score: 1

    Judging by the wording of his statement, sounds like Gutheinz's contingent is going for an unjust enrichment argument: basically that the rock may have been abandoned, but that Capt. Anderson had a legal duty to attempt to return it when he recognized the value.

    My guess is it'll come down to whether leaving a high-ticket item in the trash as an oversight is considered an affirmative statement of not wanting it anymore or equivalent to losing it on the street.

    1. Re:Unjust Enrichment by Zelucifer · · Score: 1

      But at the time, the moon rock was assumed to have little value, due to the expectation of future moon explorations.

      --
      The corner of a round room
  64. Stolen property by Lexx+Greatrex · · Score: 1

    You steal my rocks and then you fight over them! You stupid Earthlings!

    Signed,

    The Moon.

  65. Re:Well... by Anonymous Coward · · Score: 0

    You've obviously never seen College Inc.

  66. Its just a rock. by Anonymous Coward · · Score: 0

    Why all the hub-bub? Its just a rock. It has no scientific value, no monetary value, no personal value. Its just a rock from the moon, we have plenty of them.

    Is this really how states and governments are spending their time and money? Settling cases over who owns a moon rock? Give me a break but this is just 100% pure unadulterated crap. This is a waste of time and money.

    If the judge has any sense he will cut the rock in half, give each person half and tell them to get the hell out of the court room before he fines them both 10,000 dollars for wasting time.

  67. If my post is supposed to be your point 4 by brokeninside · · Score: 1

    It should read, "Someone responds to that post, highlighting how only Alaska state government and private individuals were involved."

    At no point have I seen any news source that claims that any member of the Obama administration is involved in any way. Rather, the only government involvement to date is the state of Alaska's counter-suit against Anderson. NASA's alleged involvement consists of a /former/ investigator now working as a professor. So far as I can tell no active member of the federal government has been involved in any way.

    If evidence arises to the contrary, I'm more than willing to change my mind on that. I've already changed my mind on whether the government is acting like a petty bully. If the report in Alaska News Daily is correct, this may be a simple case of looting/theft that had no leads until Anderson came forward by launching his suit to keep the rocks. If, as that report alleges, the rocks are presently in China, I find it likely that they have already been sold and the purpose of the suit is entirely to establish clear title to what may be stolen goods.

    1. Re:If my post is supposed to be your point 4 by Anonymous Coward · · Score: 0

      I was trying to decompose the argument into terms Moryath (553296) could understand.

      My beef is not with you, since you have demonstrated the one thing that is lacking in this thread: Rational thought.

    2. Re:If my post is supposed to be your point 4 by brokeninside · · Score: 1

      Be that as it may, I thought your summary misrepresented the discussion and, worse, was almost entirely disconnected from easily ascertainable facts that have been reported in that it only addresses the back and forth banter of the posters here at /. instead of addressing how well the posts correspond to the facts. At the very least, it twisted the point I had made.

  68. Is this entry by Anonymous Coward · · Score: 0

    stating that dumpster diving is in any way less than completely enobleling of heart and soul? I challenge whoever posted that to a duel.

  69. That's besides the point by brokeninside · · Score: 1

    Imagine my house burns down. Imagine that I take everything I can find of value from the rubble and then call in garbage trucks. If you go rooting around through the rubble /before/ it is loaded on the trucks, it's theft of my property regardless of whether or not it looks like all the remaining rubble is going to get thrown away. If you want to lay claim to anything I missed from going through the rubble, you have to ask my permission.

    I don't think things change just because the state of Alaska was the owner rather than a private citizen.

    Moreover, Alaska Daily News gives the state's version of events alongside Anderson's narrative. It isn't clear that Anderson's story is the correct one.

  70. Re:You do realize that the feds aren't suing, righ by protektor · · Score: 1

    I would argue that the state of Alaska has no standing. Since it was thrown out in the trash they lost ownership of it. Now if the federal government or NASA wants to say it was on loan to the museum then they would have standing to deal with the lawsuit.

    Do we even know for a fact this is a moon rock other than this guy says it is?

  71. Trash = Abandoned by Anonymous Coward · · Score: 0

    Anything in the trash is considered Abandoned. Yes, that's right, the state legally abandoned it. Instead of being dicks about it, just offer him money and a chance to become a national hero. If you can't afford to buy back a rock a guy bought in the trash, then maybe our space / museum budgets are a wee bit thin, huh?

  72. MOD PARENT UP!!! by Anonymous Coward · · Score: 0

    n/t

  73. guess what: ground-up moon rocks are pure poison by Anonymous Coward · · Score: 0

    He'll be fine as long as he doesn't grind it up and mix it into a gel...

  74. Adverse possession. by Anonymous Coward · · Score: 0

    ... right?

  75. Actually, Average Joe had it right. by Anonymous Coward · · Score: 0

    It's a Simpsons quote from Lionel Hutz:

    Hutz: It's a a thorny legal issue alright, I'll need to refer to the case: "Finders vs. Keepers".

    But hey, thanks for correcting the joke and all.

  76. Didn't read the article by Anonymous Coward · · Score: 0

    But I once had a court decide whether I could keep my pet rock, is this something similar?
    It seems, if you don't treat them well, the rspca will come knocking...

    Yep, there is some particular kind of silliness going around today.
     

  77. I think he should be able to keep it by BlueCoder · · Score: 1

    And to will/trust it to others upon his death. Should it be sold, the first time or subsequent times the federal government/state of Alaska should have the option to pay fair market value which would be nothing compared to how much they spent getting it in the first place. If the rocks had any real Significant value Nasa would not have given them away.

    It was discarded. He recovered and restored it. It's up to the state to prove how unique and necessary it is as a national treasure. And the truth is it isn't. By the very reasoning the remains of all the astronautics that have been to the moon would be national treasure. This isn't a case of looting or theft.

  78. Not a Moon rock, & prove worth of NASA: get mo by Anonymous Coward · · Score: 0

    Unable to prove it is a Moon rock, because most of the surface of the Moon is from impacts of other rocks of unknown origin and this as well could be a rock that isn't native to the moon. Did NASA ever go to the Moon and actually mine into the core to collect any rocks?

    You can't give anyone something they already own: in the Constitution, post-facto laws are not allowed.
    >>I say, give the man custody over the rock for the duration of his life if it is his "lucky charm".

    He can ask for just compensation, like how a tow-yard sells a controlling interest in property of which they've alienated the title of the prior posessor.
    >>Make sure that all hell rains on him if he tries to profit.

    FUCK YOU.
    >>Include proper clause in his will.

    NOT IF I COLLECT IT FIRST, AND NOBODY SAYS WHERE THAT ROCK GOES.
    >>Collect after his death.

    YOU ARE QUICK TO BLAME GOD, BUT NOT TEH SEAWATER? Again, FUCK YOU.
    >>If he dies in a manner that makes the rock non-retrievable (say a boat sinks with him on board), write it off as an act of God and write an article in Nature that moon rocks are not so lucky after all...

  79. Adverse Possession by Anonymous Coward · · Score: 0

    I would make an argument of Adverse Possession

  80. Moon Treaty by jeffrey.endres · · Score: 1
    A pity that the US didn't sign the Moon Treaty which specifically disallows ownership. Article 11 Part 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.

    Moon Treaty

  81. Losers Weepers was...unstoppable, or no? by Anonymous Coward · · Score: 0

    I distinctly remember Losers Weepers being one of those bat-winged Defendants that couldn't be killed but by separating it's head and heart, and even if you win then it will cocoon itself for 100 years hidden in a subterranean lair to later awake in a new era of human culture to feed off the fear of your peaceful non-experienced grandchildren as it eats them alive.

    Jeepers Creepers moar liek.

  82. Less-Noble? by RivenAleem · · Score: 1

    If he had rescued a Kitten/Puppy from the trash, would that also be considered less-noble means of acquiring a cat/dog?

  83. PSA: Dumpster diving is legal, owning moon rocks 2 by dredwolff · · Score: 1

    Dumpster diving, museum is likely on public property:
    http://en.wikipedia.org/wiki/Dumpster_diving#Legal_status

    And there's no law against owning moonrocks:
    http://en.wikipedia.org/wiki/Lunar_meteorite#Private_ownership

    Does anyone else thing the moonrock collector guy is whiney? "No fair! if can't keep moonrocks, then you can't either!"

  84. Why is everyone hung up on this guy? by Anonymous Coward · · Score: 0

    Why is everyone hung up on this guy? He took something from the trash that WAS GOING TO BE DUMPED INTO A LANDFILL, not like he stole it.

    The real question here is who the hell threw this out in the first place? Shouldn't people be suing whoever was going to take this amazingly precious rock and put it in the garbage instead of the guy who "rescued" it from the garbage? Or would that make too much sense?

  85. in the public interest by Anonymous Coward · · Score: 0

    Just like many people have lost property via imminent domain/condemnation "for the good of the many", it should be that way too, but also means, he should be paid fair value value for it..

  86. They should settle by Anonymous Coward · · Score: 0

    Here, have a few $million, now go buy another lucky charm. That way the principle that no one can own objects from space exploration can remain intact, while he also wins

  87. Re:You do realize that the feds aren't suing, righ by brokeninside · · Score: 1

    But it wasn't thrown out in the trash. /If/ one takes Anderson's suit at face value, the best one can argue is that it /may have been about/ to be thrown out into the trash. Going into a burnt-out structure to pick up artifacts that the previous crew may have missed is not the same thing as picking through the trash cans after the remaining debris has been tossed.

    Moreover, if you look at the state's side of the story, the allegation is that the rocks were accounted for after the fire and went missing from a display case.

    Another consideration is that the rocks are designated by federal law as "national treasures." Regardless of chain of custody, it may not be possible to claim private ownership. Depending on the interpretation of what that means, it could be that Anderson is the one who lacks standing to bring suit.

    Lastly, and most importantly in my mind, all of the above points are from the legal point of view. They may or may not coincide with "the right thing to do." Before I feel comfortable making that sort of judgment, I would like more clarity on certain questions. For example, whether or not the rocks were really picked out of the rubble or whether they were taken out of a display case.

  88. Re:Not a Moon rock, & prove worth of NASA: get by Evtim · · Score: 1

    What's wrong with you buddy? I tried to make sense of your post since this is the first time someone at /. uses the F-word on me but i couldn't....