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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.

40 of 390 comments (clear)

  1. 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 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
    2. 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...

    3. 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.
    4. 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.

    5. 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.
    6. 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.

    7. 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.

    8. 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?

    9. 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.

    10. 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.

    11. 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.

    12. 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?

  2. 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.
  3. 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.
  4. 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).

  5. 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 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.

  6. 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.

  7. 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...

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

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

  9. 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.

  10. 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

  11. 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
  12. 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.

  13. 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.
  14. 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...

  15. 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 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
  16. 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.

  17. 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?

  18. 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

  19. 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.

  20. 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.

  21. 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?