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NASA Sues Apollo Astronaut To Return Moon Camera

Hugh Pickens writes "The US government has brought a lawsuit against astronaut Edgar Mitchell, the sixth man on the moon, after discovering that Mitchell had approached a NY auction house trying to sell a 16-millimeter data acquisition camera that was supposed to have been left in the lunar module. Mitchell argues that too many years have gone by for the government to pursue the camera as stolen and besides, it was given to the now 80-year-old moonwalker as a gift in line with NASA's then-policies governing spent equipment. However, the government contends it has no record of the camera being given to Mitchell who elected to remove it from the lunar module before parting ways with the spacecraft and returning to Earth, and the judge has ruled that the government is not bound by the statute of limitations denying Mitchell's motion to dismiss the lawsuit. The Apollo 14 astronauts were not the only crewmates to salvage parts of their lunar module as mementos: Astronauts aboard Apollo 12 and Apollo 15 ripped off parts of their moonwalking suits' life support backpacks before they were discarded onto the lunar surface. But what makes Mitchell's case different is that other astronauts asked their bosses before each mission for permission and provided a list of items they planned to keep while apparently Mitchell didn't. 'They give me a list of things they're going to bring back,' said Deke Slayton, head of NASA's astronaut corps, who died in 1993. 'I give it to the program office and they bring 'em back.' For his part, Mitchell does not seem ready to give up the camera as the case prepares to go to trial next year."

395 comments

  1. Oh boy... by GameboyRMH · · Score: 4, Funny

    The conspiracy theorists are going to have a field day with this one...

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
    1. Re:Oh boy... by ackthpt · · Score: 1

      The conspiracy theorists are going to have a field day with this one...

      Nevermind that, if violating an order, by taking the camera back with them had been sufficient to affect the launch from the Moon and created an Apollo 13 like crisis (or even killed the astronauts) would it be OK? This isn't so much of a Space Cowboy as a Space Rustler.

      Still gotta admire his Space Gumption!

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Oh boy... by 0123456 · · Score: 4, Insightful

      Nevermind that, if violating an order, by taking the camera back with them had been sufficient to affect the launch from the Moon and created an Apollo 13 like crisis (or even killed the astronauts) would it be OK?

      Apollo astronauts weren't retards. There was a significant margin in return mass and no chance that a 16mm camera would take them over that margin unless they were already in 'an Apollo 13 like crisis'.

      Heck, it's not like they weighed every moon rock before the return trip to make sure they didn't have too many.

    3. Re:Oh boy... by Anonymous Coward · · Score: 0

      He didn't shift the question to another topic, he answered it perfectly well.

      Trying to be snarky here just makes you look stupid.

    4. Re:Oh boy... by Jeng · · Score: 1

      Would it be ok if they snagged enough stuff that they wouldn't be able to successfully launch?

      Is that the question you are asking? If so I imagine that he didn't answer that question because it was too fucking stupid so instead he answered the question you should have asked.

      Of course it is not ok to snag enough stuff that you can't launch and you die, are you really that stupid?

      --
      Don't know something? Look it up. Still don't know? Then ask.
    5. Re:Oh boy... by AchilleTalon · · Score: 1

      You are all off-topic. The astronauts never went to the moon, everything was filmed into Hollywood studios and Mitchell just stole this fucking camera to Warner Bros and pretend he left it on the moon, something Warner Bros wasn't able to contradict without putting themselves into boiling waters regarded the faked moon walk of Apollo 14. So, they waited until now to sue him via the government pretending he finally just get it back from the moon. You can add anything to this conspiracy scenario to better fit to you local conditions.

      --
      Achille Talon
      Hop!
    6. Re:Oh boy... by kelemvor4 · · Score: 1

      You are all off-topic. The astronauts never went to the moon, everything was filmed into Hollywood studios and Mitchell just stole this fucking camera to Warner Bros and pretend he left it on the moon, something Warner Bros wasn't able to contradict without putting themselves into boiling waters regarded the faked moon walk of Apollo 14. So, they waited until now to sue him via the government pretending he finally just get it back from the moon. You can add anything to this conspiracy scenario to better fit to you local conditions.

      Someone hasn't watched their quota of mythbusters, specifically the one where they did the Apollo moon landing was faked myth.

    7. Re:Oh boy... by Tsingi · · Score: 2

      You are all off-topic. The astronauts never went to the moon, everything was filmed into Hollywood studios....

      I get so tired of hearing that load of crap. It was filmed at Area 51. And except that Coppola directed it, Hollywood had nothing to do with it.

    8. Re:Oh boy... by c++0xFF · · Score: 1

      If I understand right, the camera was to be taken back up in the LM anyway. Now, that means that there was just a smidgen of additional weight while reentering the atmosphere, but the variance on weight between missions leaves a simple camera in the noise.

    9. Re:Oh boy... by desdinova+216 · · Score: 1

      do you really think that the US federal government is competent enough to collectivly keep that a secret?

    10. Re:Oh boy... by Anonymous Coward · · Score: 0

      Ok, so that's an unnecessary risk. If they want to discipline their astronauts for doing that kind of stuff, fine.

      They didn't.

      What does it have to do with the camera-ownership lawsuit?

    11. Re:Oh boy... by Anonymous Coward · · Score: 0

      The conspiracy theorists are going to have a field day with this one...

      That is a crater day for all you conspiracy theorists up there.

    12. Re:Oh boy... by Geotopia · · Score: 2

      "The conspiracy theorists are going to have a field day with this one..."

      What's the big deal!? Some actor carrying a prop off of a sound stage, they do it in Hollywood all the time!

    13. Re:Oh boy... by Geotopia · · Score: 1

      do you really think that the US federal government is competent enough to collectivly keep that a secret?

      They can put a man on the moon but can't succeed in perpetuating a lie? Well, that really helps restore my faith in Social Security, thanks!

  2. Not bound by the statute of limitations? by Rockoon · · Score: 4, Insightful

    Did I just read that the government is not bound by the statute of limitations?

    ..and here I thought the statute of limitations was specifically there to bind the government.

    --
    "His name was James Damore."
    1. Re:Not bound by the statute of limitations? by Tsingi · · Score: 2

      Did I just read that the government is not bound by the statute of limitations?

      ..and here I thought the statute of limitations was specifically there to bind the government.

      ROFL! You make a good point.

      I think the government just make laws up on the fly these days.

    2. Re:Not bound by the statute of limitations? by firex726 · · Score: 1

      Same here I know it also extends to civilians, but I have never heard the government say they are exempt.

    3. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      if they're not bound by the constitution why would they care about the statute of limitations?

      captcha: congress

    4. Re:Not bound by the statute of limitations? by Crudely_Indecent · · Score: 2

      Laws? We don't use laws anymore. Any policy or signing statement will do. Heck, we'll settle for enforcing laws from other countries. Our own laws though, they're flawed.

      --


      "Lame" - Galaxar
    5. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The Moon is not US territory. Clearly, Jules Verns has juristiction.

    6. Re:Not bound by the statute of limitations? by Tsingi · · Score: 1

      Laws? We don't use laws anymore.

      Heh, yeah, The government seems to be OK with murdering their own citizens without process, or with obviously flawed process. Up to now they have been minorities, Muslim or black, that will change. Just wait around, eventually they will be water boarding little school girls for their lunch money.

    7. Re:Not bound by the statute of limitations? by Nom+du+Keyboard · · Score: 0

      I think the government just make laws up on the fly these days.

      This government does.

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    8. Re:Not bound by the statute of limitations? by canajin56 · · Score: 4, Insightful

      Yes, you read that. It was written by the submitter, not by the judge or by the lawyers. The judge said that the Federal government is not bound by State statues. And so even if in that particular state there's a law that says stolen property becomes the property of the possessor after X amount of time, these laws do not apply to Federal property. But that's not as nice of an anti-government soundbite, so obviously some words had to be excised.

      --
      ASCII stupid question, get a stupid ANSI
    9. Re:Not bound by the statute of limitations? by idontgno · · Score: 3, Funny

      Just wait around, eventually they will be water boarding little school girls for their tax revenue stream.

      FTFY.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    10. Re:Not bound by the statute of limitations? by Jason+Levine · · Score: 1

      The government is bound by the statute of limitations when the government decides it should be bound by the statute of limitations.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    11. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The bush administration was way worst.

    12. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 1

      From what I read of the article, it's because the statute of limitations he cited were for Florida. While the judge said that it didn't apply because it's a federal court, not a state one, didn't the alleged theft happen on the moon? What jurisdiction would that be?

    13. Re:Not bound by the statute of limitations? by pyrr · · Score: 5, Interesting

      The statute of limitations doesn't apply. They're not prosecuting him for a crime.

      They're attempting to recover stolen property. Just because you stole something a really long time ago doesn't make it yours, free and clear. That's why the government can repossess moon rocks, no matter whose hands they passed through over the years. The odds of most stolen property after years and passing through many hands is remote, most people don't care enough to pursue their stuff that long...but if someone shows up one day, claiming to possess something he stole and using the people he stole it from as being the provenance that gives it all its value (the camera would be worth what, $100 tops as an obsolete scientific curiosity had it not gone to the moon?), I think the US Government is well within its rights to demand return of its property.

    14. Re:Not bound by the statute of limitations? by D'Sphitz · · Score: 1

      Not to mention, we can't sue the government but apparently the government can sue us.

    15. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Exactly. And sometimes that means...they decide not to have a statute of limitations at all.

      Often to avoid abuses, like say, Catholic Priests being taken out of a state to avoid questions or prosecution on an abuse charge.

    16. Re:Not bound by the statute of limitations? by Nadaka · · Score: 1

      ...for the pay per view broadcast rights.

    17. Re:Not bound by the statute of limitations? by idontgno · · Score: 5, Informative

      Well, let's consider the Federal Statute of limitations.

      This page has a summary.

      The basic Fed statute of limitations is 5 years.

      There are exceptions. Unless it's a capital offense or child sexual abuse, or "continuing and uninterrupted offenses" (fugitive from the law, possession of counterfeit money, etc.) the maximum appears to be 10 years.

      With one eye-catching exception:

      In cases of defrauding the United States, if the fraud was related to a contract, property, or other claim with the Department of Defense (eg, Navy, Air Force, Marines, or Army) and the US is at war, the statute of limitations does not begin to run until after hostilities have ended. 18 USC 3287.

      So... all we need is for the government to assert that the camera was actually military property (by some tortured extension of the relationship between NASA and the DoD, or by the fact that Mitchell was a Navy Officer at the time of the offense), and that the United States has been at a continuous state of war since the time of the offense.

      Judging from how the government has been treating other civil rights, I could definitely imagine it arguing for that latter point. Haven't we been in a state of undeclared war since 1950 or something? I mean, we've always been at war with Eastasia. ALWAYS.

      Of course, IANAL, and this is all speculation. But there is a Federal Statute of Limitations, and it would take some kind of brass to just handwave it away.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    18. Re:Not bound by the statute of limitations? by The+Grim+Reefer2 · · Score: 1

      The bush administration was way worst.

      Way worst [sic] than what? Oh, never mind. Go put on your Guy Fawkes mask back on and keep thinking there is a difference between people with a "D" or an "R" next to their name. Citizen protections have, at times, been much worse prior to Bush. (Un)fortunately "We the People" used to be much more naive in the past and believed everything our gov't told us.

    19. Re:Not bound by the statute of limitations? by edumacator · · Score: 1

      Shh...I am listening to an anti-government rant here...keep it down would ya?

    20. Re:Not bound by the statute of limitations? by wintercolby · · Score: 2
      --
      Most ignorance is vincible ignorance. We don't know because we don't want to know. --Aldous Huxley
    21. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The statute of limitations doesn't apply. They're not prosecuting him for a crime.

      Absolutely wrong. The statue of limitation covers many things besides direct prosecution. Stolen property is not legally recoverable after the limit expires.

      Please listen more and talk out of your ass less.

    22. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      They just didn't state it correctly. The statute of limitations applies to crimes committed on Earth. There is no real body of laws to govern what happens on the moon. So there is no statute of limitations. Although, a corollary should be that there is no law against theft there either.

    23. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      It's about a return of an object. In some countries there is no time limit for the legal effects relating to ownership and other such legal positions when it comes to objects. A different question is whether the US is somehow different in this respect, which I doubt since the true ownership of historical relics, for example, is most likely recognized.

    24. Re:Not bound by the statute of limitations? by mapkinase · · Score: 1

      Wikipedia knows the answer:

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

      "Crimes that are considered exceptionally heinous by society have no statute of limitations"

      --
      I do not believe in karma. "Funny"=-6. Do good and forbid evil. Yours, Oft-Offtopic Flamebaiting Troll.
    25. Re:Not bound by the statute of limitations? by Yakasha · · Score: 5, Insightful

      I think the US Government is well within its rights to demand return of its property.

      They're suing to get back their trash. The camera was a part of the lunar module which was ditched half-way off the moon, fell back to the moon, and turned into a pile of squished metal.

      Seriously its like suing an 80 year old homeless guy for stealing a half-eaten hamburger out of your trash-can.

    26. Re:Not bound by the statute of limitations? by theshowmecanuck · · Score: 2, Insightful

      George W. Bush, Barrack Obama, and the U.S. Senate have all made it plainly clear that the government no longer wants to or thinks they have to abide by the constitution. Some folks are trying to disagree but.... Anyway, like any government bureaucracy, after it has been around a while it tends to create its own group mind, and usually that group mind tends to forget or disregard annoying things like constitutional rights or just plainly doing the right thing. After all, these annoyances just get in the way of doing things, which is already hard enough to do in a bureaucratic institution. And the problems just get exacerbated by the rectilinearlly rigid thinking robot-like people that seem to excel in a bureaucracy; and no-doubt is the type of person who is causing this bullshit maneuver that NASA is making right now. (And corporations are just narcissistic/egocentric bureaucracies... extrapolate from there.)

      --
      -- I ignore anonymous replies to my comments and postings.
    27. Re:Not bound by the statute of limitations? by Forbman · · Score: 1

      Well, they're certainly happy to pull left-field interpretations or justifications out of their asses, all with a straight face, too.

    28. Re:Not bound by the statute of limitations? by gad_zuki! · · Score: 4, Insightful

      Hey, you don't get on the front page of slashdot without lots of bias. This crowd leans right/libertarian so you need to pander to them to keep the ads flowing.

      Before we start deifying Mitchell as some kind of anti-government hero and genius, I'd like to point out that he's deeply into ESP, the paranormal, remote viewing/healing, and other woo. He started something called the Institute for Noetic Sciences in the 1970s. He's essentially the opposite of James Randi. I love to see these charlatans exposed in other parts of their lives too. Turns out he's not only a Uri Geller-level bullshitter but also a common thief.

    29. Re:Not bound by the statute of limitations? by Plunky · · Score: 2

      Seriously its like suing an 80 year old homeless guy for stealing a half-eaten hamburger out of your trash-can.

      Not to mention, this tramp is trying to sell that half-eaten hamburger and you just spent more money calling your lawyers than he could possibly get for it. If you really want it, offer to buy it back and save us all a penny!

    30. Re:Not bound by the statute of limitations? by UnknowingFool · · Score: 1

      IANAL but the "information is found" seems to suggest that 5 years starts when the government discovers the crime not when the crime was perpetrated.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    31. Re:Not bound by the statute of limitations? by Captain+Splendid · · Score: 1

      and keep thinking there is a difference between people with a "D" or an "R"

      There is a difference, just not one you've noticed. I'm no fan of the Democrat party, but this whole "they're both the same!!!!" is disingenuous at best, signs of incipient retardation at worst.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    32. Re:Not bound by the statute of limitations? by Widowwolf · · Score: 1

      Wrong, The spacecraft would be considered American soil just as all ships are and all embassy's around teh world, therefore he was on American Soil while the crime was committed

      --
      ~~"Of course, that's just my opinion. I could be wrong." ~~Dennis Miller
    33. Re:Not bound by the statute of limitations? by pyrr · · Score: 4, Interesting

      It would set a very bad precedent if they allowed a US employee to violate the rules. I doubt the camera weighed all that much, but I'll go with the same argument that holds that it's unethical to take anything from a site, "What if everyone took a (rock, artifact, fossil, etc.)?", which my folks rightly used early and often. In this case, astronauts looting things isn't likely going to deprive science or other sightseers of knowledge or the experience, but NASA has very strict rules for very good reasons.

      Astronauts are apparently allowed a small box for mementos to take into space and return with (I learned this on Pawn Stars when someone brought in a moon mission patch, photo, and autograph display). Nothing more without authorization. What if all the other members of the moon landing crew also decided to smuggle crap, and the module wound up being overweight? That could've endangered the lives of the crew. Why should Edgar's alleged bad behavior allow him to benefit in such a way that all the other moon astronauts didn't, because they behaved themselves?

    34. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Let's not forget the fact that if it was not taken by him in the first place it would still be up on the fucking moon!

    35. Re:Not bound by the statute of limitations? by kelemvor4 · · Score: 1

      Did I just read that the government is not bound by the statute of limitations?

      ..and here I thought the statute of limitations was specifically there to bind the government.

      ROFL! You make a good point.

      I think the government just make laws up on the fly these days.

      Did you miss the entire George "Dubya" Bush presidency? Yes, that is what the U.S. government does. When the judicial branch tells them "no" they do what they want anyway.

    36. Re:Not bound by the statute of limitations? by khallow · · Score: 1

      They're attempting to recover stolen property. Just because you stole something a really long time ago doesn't make it yours, free and clear.

      What's the evidence that the property was stolen? I think it more likely that this guy is being punished for attempting to sell a significant piece of the Apollo program.

    37. Re:Not bound by the statute of limitations? by Grave · · Score: 1

      I'm more concerned by the fact that this "theft" occurred on another planetary body. This kind of sets a curious precedent here.

    38. Re:Not bound by the statute of limitations? by Jeng · · Score: 2

      Stolen property is not legally recoverable after the limit expires.

      Um, yes it is.

      From Wikipedia under art theft.

      Three paintings by Georgia O'Keeffe were stolen while on display at the art gallery of her husband, Alfred Stieglitz. The paintings were eventually found by O'Keeffe following their purchase by the Princeton Gallery of Fine Arts for $35,000 in 1975. O'Keeffe sued the museum for their return and, despite a six-year statute of limitations on art theft, a state appellate court ruled in her favor on July 27, 1979

      --
      Don't know something? Look it up. Still don't know? Then ask.
    39. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Just wait around, eventually they will be water boarding little school girls for their tax revenue stream.

      FTFY.

      4chan.org already has that covered under rule 34.

    40. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      In fact, the administration is actively abusing its power while committing felonies. Obama's administration appears to be the most corrupt since Nixon. No doubt about it, Obama HATES the Second Amendment and will commit any crime to violate your rights. Over 201 murders can be directly attributed to Obama's administration.

    41. Re:Not bound by the statute of limitations? by kelemvor4 · · Score: 1

      and keep thinking there is a difference between people with a "D" or an "R" There is a difference, just not one you've noticed. I'm no fan of the Democrat party, but this whole "they're both the same!!!!" is disingenuous at best, signs of incipient retardation at worst.

      This government is definitely a fair bit better at covering up major scandals (such as "fast and furious").

    42. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      On the other hand.. abandoned property isn't stolen when you take it.

      And its pretty hard to claim that the government wasn't abandoning property that it was leaving on the moon, planning on it being destroyed by impact with the moon surface no less.

      So while I might agree that the motion to dismiss on the basis of the statute of limitations is a futile one ... I would not say that government has an actual case to make, in any logical or otherwise sane body of law.* Certainly there is no justice involved.

      I don't have a case for theft when the garbage man totes off my bin. The moon was, and is, a goddamn garbage dump for NASA. Unless they're pushing for shiny new rockets so they can send people up to clean up their property from the moon. Kinda doubt it.

      *Note, I am not saying, suggesting, or implying that we actually have a logical or sane body of law. I am, in fact, implying otherwise.

    43. Re:Not bound by the statute of limitations? by werfele · · Score: 1

      Did I just read that the government is not bound by the statute of limitations? ..and here I thought the statute of limitations was specifically there to bind the government.

      Actually, TFA says the Federal government is not bound by state statutes of limitation. I imagine that's to, say, prevent Texas from setting a 30 second limitations period on federal claims, thereby allowing all federal property within the state to be confiscated.

    44. Re:Not bound by the statute of limitations? by Tsingi · · Score: 1

      There is a difference, just not one you've noticed. I'm no fan of the Democrat party, but this whole "they're both the same!!!!" is disingenuous at best, signs of incipient retardation at worst.

      Please point out the difference. Obama is giving the whole show away. The question is, when did he sell out? Before the election, or after?

      There is no difference. The fact is that is now legal for anyone to donate as much to an election as they want anonymously. NO ONE is going to get elected EVER AGAIN unless they support the people who can afford to buy an election, and keep their mouths shut about it in the process. Go big or go home.

    45. Re:Not bound by the statute of limitations? by Tsingi · · Score: 1

      Did you miss the entire George "Dubya" Bush presidency? Yes, that is what the U.S. government does. When the judicial branch tells them "no" they do what they want anyway.

      That was pretty much the basis for my comment. Obama is no different, as disappointing as that is.

    46. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Just wait around, eventually they will be water boarding little school girls for their tax revenue stream.

      FTFY.

      I've seen enough hentai to see where this is going.

    47. Re:Not bound by the statute of limitations? by Pieroxy · · Score: 1

      Don't let reality go in the way of a proper government bashing argument please. We're all having fun here, don't spoil the game.

    48. Re:Not bound by the statute of limitations? by LWATCDR · · Score: 1

      The question is it theft? After all it was going to crash back to the moon and be destroyed so it could be considered abandoned. Frankly I can see this two ways. You do not want people to bring back stuff all the time to make some extra cash on the side so you forbid it.
      At the same time you really might look like jerks going after a old man that walked on the moon.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    49. Re:Not bound by the statute of limitations? by Captain+Splendid · · Score: 1

      The question is, when did he sell out? Before the election, or after?

      That statement alone tells me you're not paying sufficiently close attention. Just about everything Obama's done or not done was well telegraphed during his primary and general election campaign.

      And if you're honestly going to tell a McCain/Palin administration would be a carbon copy of Obama's, I don't need to show you examples disproving it because you're fucking nuts.

      Have fun not voting and getting what you deserve next year. President Romney or Perry will give you graphic examples of "difference".

      --
      Linux, you magnificent bastard, I read the fucking manual!
    50. Re:Not bound by the statute of limitations? by mikael · · Score: 1

      No different from a crime committed in international waters.

      Suppose a demolitions expert removed something like a ships wheel, commemorative sign, bell or compass from a shipwreck that was going to be sunk for being a hazard to shipping. Technically, it might belong to the owners. They wouldn't know for forty years until someone sends down an underwater ARV to make a documentary. Then somebody else notices the missing items on some old work-place photographs.

      If it was a TV show judge, he/she would want to see receipts, permission to take and transport the item from the astronaut, as well as what means the government was going to take to prevent the item from being destroyed.

      Sounds like the government suddenly sees there's a valuable chunk of history on sale, and wants a slice of the action. I can imagine it would become an exhibit at the Kennedy Space Center - the camera in a glass box, a full-size model of the lander, along with some video screens showing the actual movies made with that camera.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    51. Re:Not bound by the statute of limitations? by Darinbob · · Score: 1

      So technically the US might have to give back Manhattan?

    52. Re:Not bound by the statute of limitations? by Tsingi · · Score: 1

      And if you're honestly going to tell a McCain/Palin administration would be a carbon copy of Obama's, I don't need to show you examples disproving it because you're fucking nuts.

      You would go down the tubes a lot faster, I agree. That would be a good thing, then maybe more people would pull their heads out of their asses and realize what a fucking over you are taking. Maybe, do something about it?

      Have fun not voting and getting what you deserve next year. President Romney or Perry will give you graphic examples of "difference".

      They won't let me vote, I'm not American. Actually, I think I'm on the no fly list.

      I'm just sitting here with a bowl of popcorn.

    53. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The statute suggests no such thing. Read this again.

    54. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 1

      Before we start deifying Mitchell as some kind of anti-government hero and genius, I'd like to point out that he's deeply into ESP, the paranormal, remote viewing/healing, and other woo. He started something called the Institute for Noetic Sciences in the 1970s. He's essentially the opposite of James Randi.

      Things that even if true, are irrelevant to the issue of the government putting itself above the laws.

    55. Re:Not bound by the statute of limitations? by ottothecow · · Score: 3, Interesting
      It says they have asked for it back several times...so presumably they knew about it for a while.

      In fact, I bet they knew about it at landing as they probably inventoried everything that came back.

      --
      Bottles.
    56. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Obama never sold out.

      That is the scary part. He knows the game and had his intentions in mind before he walked through the door. He got elected because of how well he knows the flaws in both the system and human psychology. To imply he sold out is to imply he started with benevolent intent.

    57. Re:Not bound by the statute of limitations? by Yakasha · · Score: 1

      It would set a very bad precedent if they allowed a US employee to violate the rules. I doubt the camera weighed all that much, but I'll go with the same argument that holds that it's unethical to take anything from a site, "What if everyone took a (rock, artifact, fossil, etc.)?", which my folks rightly used early and often. In this case, astronauts looting things isn't likely going to deprive science or other sightseers of knowledge or the experience, but NASA has very strict rules for very good reasons.

      Astronauts are apparently allowed a small box for mementos to take into space and return with (I learned this on Pawn Stars when someone brought in a moon mission patch, photo, and autograph display). Nothing more without authorization. What if all the other members of the moon landing crew also decided to smuggle crap, and the module wound up being overweight? That could've endangered the lives of the crew. Why should Edgar's alleged bad behavior allow him to benefit in such a way that all the other moon astronauts didn't, because they behaved themselves?

      Most astronauts brought stuff back to keep. The article even talks about it. But NASA regulations and the safety of the crew in regards to weight limits are not Federal Law. The fact that the crew got back safely, and nobody noticed the difference, says the camera's effect was next to non-existent. Sure, he should be repremanded, possibly lose the right to fly in space, but that's it. The camera was abandoned, he "found" it.

    58. Re:Not bound by the statute of limitations? by Yakasha · · Score: 1

      Seriously its like suing an 80 year old homeless guy for stealing a half-eaten hamburger out of your trash-can.

      Not to mention, this tramp is trying to sell that half-eaten hamburger and you just spent more money calling your lawyers than he could possibly get for it. If you really want it, offer to buy it back and save us all a penny!

      In all fairness, they claim to have already asked him to return the camera and he did not reply.

      But yea, I really don't think that changes anything. They're wasting money trying to get the camera back ... for ... what reason? Is NASA funding so screwed that suing to get a 40 year old camera back is cost effective compared to just buying a new one? Are they doing it for the principle of the matter? I'm pretty sure astronauts understand that if they break the rules, they don't get to go into space. If the rules were unclear (as it appears they were), then they need to fix the rules. If astronauts are still breaking the rules, get different astronauts or review the rules.

      They're being tools.

    59. Re:Not bound by the statute of limitations? by Yakasha · · Score: 1

      But where I was leading to I think was the fact that the camera was intentionally, willfully, and obviously abandoned. NASA/Feds have no legal claim to it.

    60. Re:Not bound by the statute of limitations? by DavidTC · · Score: 2

      Not only that, but it's like suing someone from stealing a half-eaten hamburger from your trash can in international waters.

      That's a weird legal theory there.

      I'm pretty certain that, legally, as far as anyone can tell, every single thing on the moon right now is 'abandoned property' that could be salvages by anyone, just like if you run across an empty lifeboat drifting in the middle of the ocean.

      But I guess the camera was never technically 'abandoned', so this is closer to: Employer told employee to trash something, employee stuck it in his car instead of doing that.

      Which is usually not a crime, because if it is one, now there's some magical legal difference between setting it in the trash and pulling it out a second later, and not doing that.

      Can the US government prove that he didn't set the camera down on the moon, thus 'abandoning', and then picking it up and taking it, as any random passerby could have? (Not that there were such people on the moon.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    61. Re:Not bound by the statute of limitations? by Captain+Splendid · · Score: 1

      Same here. Greatest show on earth, and a nice little money maker to boot! I love US politics.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    62. Re:Not bound by the statute of limitations? by matthewd · · Score: 1

      That was my initial thought, the alleged theft occurred on the moon, so I think the US Government should bring action against the astronaut in a lunar court.

    63. Re:Not bound by the statute of limitations? by kelemvor4 · · Score: 1

      Did you miss the entire George "Dubya" Bush presidency? Yes, that is what the U.S. government does. When the judicial branch tells them "no" they do what they want anyway.

      That was pretty much the basis for my comment. Obama is no different, as disappointing as that is.

      Yeah... it makes me sad.

    64. Re:Not bound by the statute of limitations? by Tsingi · · Score: 1

      Same here. Greatest show on earth, and a nice little money maker to boot! I love US politics.

      ROFL!

      I sent OWS a cheque for $250 this morning.

    65. Re:Not bound by the statute of limitations? by kamapuaa · · Score: 1

      It's not trash, they didn't leave stuff on the moon because it saved them the inconvenience of taking it to the garbage can out back. There's a cost of bringing things back from the moon to the Earth so that certain things aren't worth taking. However, obviously everything that has been to the moon is of sentimental worth. Otherwise the auction house wouldn't be interested, they would just say "oh, this old junk?"

      --
      Slashdot: providing anti-social weirdos a soapbox, since 1997.
    66. Re:Not bound by the statute of limitations? by ObliviousMnd · · Score: 1

      thats why i popped down here. not bound by statute. ridiculous!

    67. Re:Not bound by the statute of limitations? by TheoMurpse · · Score: 1

      In true fashion, I haven't RTFA. But a limitations period can be tolled in certain circumstances. But I am a corporate lawyer, not a litigator, so my job is to have blind, minority, disabled veteran grandmothers evicted from their dilapidated apartments, not figure out filing deadlines.

    68. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Half eaten hamburger, from a trash can on the moon, that could be considered one of a kind and worth thousands or more of dollars

    69. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 1

      This crowd leans right/libertarian...

      Amazing. All I can say is, amazing. One of us is getting diverted to a different web site.

    70. Re:Not bound by the statute of limitations? by pyrr · · Score: 1

      Can the government ever abandon something in that manner?

      To say the lunar lander was "abandoned" probably isn't as accurate as saying it was "scuttled". Most government-owned stuff, such as shipwrecks, munitions on practice ranges, land & structures, and surplus property is never abandoned until it goes through a disposition process. I have a feeling that's even how the remains of soldiers (even on foreign soil) are regarded and why nations are entitled to recover the remains of their fallen soldiers.

      I've also dealt with the disposition process firsthand, as a military and government surplus buyer of much stuff over the years. Pretty much everything that isn't low-grade trash (paper, disposable packaging, etc.) or food waste has to be disposed of through a process that seem to often last several months. Some of the things I've seen them trying to sell have negligible to anyone (and I'm very good at finding value in just about anything):

      • Broken household electronics
      • Broken particleboard furniture
      • Bald tires
      • Broken glass and plexiglass
      • Rotten rubber sheeting
      • Tattered rags
      • Expired medical supplies

      Some of those things might be able to be recycled (tires can be retreaded and all), but even that would likely be at a cost rather than for a profit. Only after they give the public a chance to buy this crap, can they just throw it in the huge roll-off dumpsters where it belongs. It's a massive waste of money and government employees' time to process all the forms and handle the rubbish so many times, but that seems to be the only way the government can actually surrender ownership of stuff that was purchased with taxpayer money.

    71. Re:Not bound by the statute of limitations? by The+Grim+Reefer2 · · Score: 1

      and keep thinking there is a difference between people with a "D" or an "R"

      There is a difference, just not one you've noticed. I'm no fan of the Democrat party, but this whole "they're both the same!!!!" is disingenuous at best, signs of incipient retardation at worst.

      They both seem to be more interested in accumulating more power for themselves than doing what's right for the country. Granted they both have different ways of doing it. But they seem to be equally idiotic and are looking for the same outcome for themselves.

      Just look at the Tea Party and the Wall Street protesters.To paraphrase Nancy Pelosi: The Teabaggers were corporate funded brown-shirt Nazi racists, similar to the violent groups of the 60's and 70's. The Wall street people are just a great grass roots group of patriots. If you ask a republican you will get just about the complete opposite description of each of those groups.

      In all honesty the republicans are starting to look slightly (very slightly) less insane at the moment. However when you have two groups that are full-on bat-shit crazy, I'm not too sure how much that slight difference really matters. I've rarely voted for either of the major two parties, and I don't think I voted for anyone who currently holds a federal office.

    72. Re:Not bound by the statute of limitations? by Lehk228 · · Score: 1

      but that seems to be the only way the government can actually surrender ownership of stuff that was purchased with taxpayer money. Rules do not typically generate themselves, every stupid rule comes from a past abuse of position or incompetent mistake that was not technically against the rules and someone got away with it so the rules were changed.

      a likely source of such a rule would be some moron throwing out perfectly good and costly / valuable things to free up space because it was inconvenient or "throwing out" perfectly good stuff in order to "recover" it from the dumpster later.

      as for why all the paperwork, how else do you formally determine what is valuable and what is worthless

      --
      Snowden and Manning are heroes.
    73. Re:Not bound by the statute of limitations? by Sulphur · · Score: 1

      Did I just read that the government is not bound by the statute of limitations? ..and here I thought the statute of limitations was specifically there to bind the government.

      There is no statute of limitations on Federal Income Tax Evasion.

    74. Re:Not bound by the statute of limitations? by Captain+Splendid · · Score: 1

      In all honesty the republicans are starting to look slightly (very slightly) less insane at the moment.

      Do tell.

      --
      Linux, you magnificent bastard, I read the fucking manual!
    75. Re:Not bound by the statute of limitations? by Medievalist · · Score: 1

      Obama HATES the Second Amendment and will commit any crime to violate your rights. Over 201 murders can be directly attributed to Obama's administration.

      But you can't be bothered to list them, or provide evidence, of course. Here, watch this, it's funny.

      http://www.thedailyshow.com/watch/thu-september-29-2011/wayne-s-world

    76. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      It may have been "trash" if left on the Moon, but I bet there are now a number of museums or others who would like to have it, and who would value it specifically BECAUSE it had been on the Moon.

      Isn't that exactly how the ex-astronaut was planning to profit from it?

    77. Re:Not bound by the statute of limitations? by arkenian · · Score: 2

      They're being tools.

      Are they? The government has fairly detailed rules about the disposal of equipment to prevent federal employees from profiting by declaring something "Trash" (a very common practice in previous centuries for people in charge of managing government funds.) If he didn't follow the correct procedures, then legally speaking, the item was stolen, end of story. NASA is attempting to prevent a former government employee from profiting by stealing from the federal government property. And lets bear in mind that items which have actually been on the moon are NOT cheap items when they show up in auction. In some cases there's also a cultural heritage of the nation argument at stake when it comes to the space program, but really, just "preventing people from profiting by stealing from us" is probably enough on principle. The specifics of the case are largely irrelevant, from that perspective. In terms of the statute of limitations, its applicability to stolen property has always been highly dubious as noted above in the thread. The statute of limitations DOES prevent the individual from being criminally prosecuted. This is not the same thing as being allowed to keep stolen property.

    78. Re:Not bound by the statute of limitations? by c++0xFF · · Score: 1

      In fact, I bet they knew about it at landing as they probably inventoried everything that came back.

      You'd lose that bet. This was a camera that was never supposed to come back anyway. They never could have inventoried it.

    79. Re:Not bound by the statute of limitations? by c++0xFF · · Score: 1

      Image if you saw that homeless guy selling that hamburger on ebay for $10,000. All the sudden, the temptation to sue jumps up a notch or two.

    80. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The government has successfully prosecuted for theft of spent munitions.

    81. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      You'd lose that bet. This was a camera that was never supposed to come back anyway. They never could have inventoried it.

      Yeah, because they totally wouldn't have reviewed the contents of that space capsule they pulled out of the ocean.

    82. Re:Not bound by the statute of limitations? by Synerg1y · · Score: 1

      They REALLY want that camera.

    83. Re:Not bound by the statute of limitations? by Synerg1y · · Score: 1

      In regards to the fox news link,

      No wonder when we say international business, we are typically referring to outside our border, who would want to follow other countries laws, what is the value in a citizenship then?

    84. Re:Not bound by the statute of limitations? by DrBoumBoum · · Score: 1

      Not that there were such people on the moon.

      Care to elaborate on that part?

    85. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Just because you stole something a really long time ago doesn't make it yours, free and clear.

      Tell that to the Native Americans

    86. Re:Not bound by the statute of limitations? by rubycodez · · Score: 1

      TSA agents have searched very thoroughly, and report that while little school girls do produce streams when prodded in the right place, they carry no taxable revenue

    87. Re:Not bound by the statute of limitations? by Chris+Burke · · Score: 2

      Care to elaborate on that part?

      "Such people" was referring to "random passerby" from the previous sentence.

      --

      The enemies of Democracy are
    88. Re:Not bound by the statute of limitations? by Chris+Burke · · Score: 1

      Tell that to the Native Americans

      They already know that "just" because you steal something a long time ago that doesn't make it yours.

      In the case of stealing a continent, it also takes a lengthy campaign of conquest, and/or genocide of varying degrees of deliberateness.

      If this astronaut had killed off enough of the U.S. government that what remained couldn't marshal a significant effort to prosecute him for the theft, then he'd get away with it scott free. :P

      --

      The enemies of Democracy are
    89. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      In this example, if my trash can hadn't made it to the moon I would be inclined to agree with you.

    90. Re:Not bound by the statute of limitations? by Cajun+Hell · · Score: 1

      This was a camera that was never supposed to come back anyway. They never could have inventoried it.

      Let's assume I'm an idiot. Can you explain that to me?

      (No, I mean explain your statement that it couldn't be inventoried. I don't want you to explain how I became an idiot; nobody needs to hear that story again.)

      According to a pre-inventory list, a widget isn't there. Someone looks through what is there, and sees widget. It doesn't appear on the post-we-took-inventory list?

      Do I just not understand what the verb "inventory" means?

      --
      "Believe me!" -- Donald Trump
    91. Re:Not bound by the statute of limitations? by Runaway1956 · · Score: 0

      "murdering their own citizens without process"

      HINT: al Alawi was no countryman of mine. The sumbitch deserved much worse than he got. Due process? The process of launching that missile was long overdue!

      --
      "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
    92. Re:Not bound by the statute of limitations? by Runaway1956 · · Score: 1

      Perhaps you could spell out those differences between the D's and the R's. Let me pick an issue at random - ACTA. That bag of shit was originally put forward under an R. Despite tons of emails protesting ACTA, a D pushed it forward. Lesson to be learned? Corporate shills own the government, and party doesn't matter.

      Care to pick another issue? Rendition? The "War on Drugs"? The "War on Terror"? The issues that divide the parties are minor bullshit, when you think about it. Both parties continue to pursue the same goals, while each blames the other party for having created the goals and issues.

      --
      "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
    93. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      The government has no problem fucking with a astronaut, just think how they feel about you and me.

    94. Re:Not bound by the statute of limitations? by EuclideanSilence · · Score: 1

      "murdering their own citizens without process"

      HINT: al Alawi was no countryman of mine. The sumbitch deserved much worse than he got. Due process? The process of launching that missile was long overdue!

      It would be nice if we could set aside a state for people who don't believe in trials. A place where, if a person is disliked enough, he loses all rights as a citizen. You could live there, and the rest of us can live in places where "every man, at the call of the law, would fly to the standard of the law, and would meet invasions of the public order as his own personal concern."

      How long could you live there before begging to come back to us, I wonder.

    95. Re:Not bound by the statute of limitations? by Runaway1956 · · Score: 1

      Perhaps you missed the fact that Alawi was actively at war with the United States? You missed the fact that the Underwear Bomber, among others, had contact with Alawi? Had things gone slightly differently, Alawi would have aided and abetted the destruction of an airliner over Detroit, resulting in the deaths of all the crew and passengers, along with unguessable casualties on the ground. The potential death count *could have exceeded the death count at the WTC.

      Let me guess - some guy is taking pot shots at you and your family. You are armed, and capable of taking the man out. Instead of doing so, you're going to wait on the cops to arrive, so that they shooter gets his "due process"?

      Sorry, the scenario just doesn't work. Any man who is competent to use a weapon doesn't experience these mindless quandaries. Instead, he acts as required, to protect himself and his family.

      *while unlikely that the death toll would have exceeded that of the WTC, the potential was there. Huge explosions within densely populated areas are unpredictable, after all.

      --
      "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
    96. Re:Not bound by the statute of limitations? by pyrr · · Score: 1

      Indeed, I'm sure corruption and incompetence are the cause of ridiculous disposal regulations...but man, a little common sense with a little oversight would go a long way.

    97. Re:Not bound by the statute of limitations? by Brett+Buck · · Score: 1

      Hey, you don't get on the front page of slashdot without lots of bias. This crowd leans right/libertarian so you need to pander to them to keep the ads flowing.

          Dear God Almighty, that's either the funniest line EVER, or you spend a lot of time being confused when your viewpoint can't explain what is happening in the real world.

              Slashdot is about as reflexively leftist as could be imagined. I would say "mindlessly" but that would be redundant..

              And none of this "well, it all depends on your perspective" crap. Not when it's this far off on the edge.

           

    98. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      You plan a mission to the moon. You know that some things are going to be left behind. Actually, a lot of things are going to be left behind. You plan for this. Your inventory sheets don't include the objects that are supposed to stay on the moon, for the simple reason that they're supposed to be on the moon.

      NASA expected it to be missing, but they expected it to be missing on the moon, not missing on earth.

    99. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Lets not consider the time that has passed for a minute - let's consider the location.
      American laws have no effect 12 miles off the coast of the country, yet how many thousand miles away was this crime committed?
      Let's look at what the agreement for space law determines.

    100. Re:Not bound by the statute of limitations? by dlgeek · · Score: 1

      I'm pretty certain that, legally, as far as anyone can tell, every single thing on the moon right now is 'abandoned property' that could be salvages by anyone, just like if you run across an empty lifeboat drifting in the middle of the ocean.

      Sorry, but no.

      Under the 1967 Outer Space Treaty (the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space), nations retain "jurisdiction and control" over any items brought into space (or left on any heavenly bodies) and they're available for salvage.

    101. Re:Not bound by the statute of limitations? by dlgeek · · Score: 1

      Err - they're NOT available for salvage.

    102. Re:Not bound by the statute of limitations? by qfman · · Score: 0

      The rule of law is so 20th century. Now we have hand waving. Poof $770B to our friends. Poof here is a skate free card for building your company so big it should have just collapsed, and then leveraging it out 30X until it did actually collapse... but all our friends hold stock in there ;)... Remember, we can tax the multimillionaires and billionaires but is is OK to raise the taxes by a few grand on the middle class working folk. Yep no class war here.

      --
      They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.
    103. Re:Not bound by the statute of limitations? by Kjella · · Score: 1

      This. If I buy a piece of stolen art, hang it on my wall for 50 years then try to sell it, can the original owners demand to get it back? Hell yes. The only exception to this would be if somehow under some legal theory that they didn't call the cops on him to recover it sooner means they've abandoned it. But that doesn't seem very likely.

      --
      Live today, because you never know what tomorrow brings
    104. Re:Not bound by the statute of limitations? by EuclideanSilence · · Score: 1

      Perhaps you missed the fact that Alawi was actively at war with the United States? You missed the fact that the Underwear Bomber, among others, had contact with Alawi? Had things gone slightly differently, Alawi would have aided and abetted the destruction of an airliner over Detroit, resulting in the deaths of all the crew and passengers, along with unguessable casualties on the ground. The potential death count *could have exceeded the death count at the WTC.

      Trials are for establishing facts that occurred in past tense.

      Let me guess - some guy is taking pot shots at you and your family. You are armed, and capable of taking the man out. Instead of doing so, you're going to wait on the cops to arrive, so that they shooter gets his "due process"?

      Guessed wrong, and pretty poor argument to try to put words into people's mouths.

      Sorry, the scenario just doesn't work.

      Then why bother bringing up, no one said it but you. You've changed your attempt at argument from "I don't like him so he shouldn't have civil rights" to "he was putting citizens into imminent danger." And you are still wrong. No one has established that anyone was going to die today, tomorrow, or even a month from now if Alawi was left alive. Put on trial, the actual evidence against him would have been made clear. He also could have served as a source of information.

      A lot of people died to create and later defend the right of citizens to have trials. If you are going to throw that away just because you feel threatened, and not even imminently, perhaps you don't appreciate the safety those rights have granted you nearly enough.

    105. Re:Not bound by the statute of limitations? by Tim+C · · Score: 1

      Slashdot is about as reflexively leftist as could be imagined. I would say "mindlessly" but that would be redundant..

      Is that why the prevailing attitude here seems to be decidedly anti-unionisation, anti-taxation, anti-socialist, etc?

      No, this place is pro-sharing and anti-large-company (both of which really equate to "give me free/cheap stuff and let me do whatever I want with it"), but that's about as far left as it gets.

    106. Re:Not bound by the statute of limitations? by alxkit · · Score: 0

      Nope. They are not. I have received a thirteen year old unpaid ticket in the mail. True story.

    107. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      A guy stealing from a car on the moon is a common thief?
      I'd hate to live in your neighborhood...

    108. Re:Not bound by the statute of limitations? by Nyder · · Score: 1

      ...

      Before we start deifying Mitchell as some kind of anti-government hero and genius, I'd like to point out that he's deeply into ESP, the paranormal, remote viewing/healing, and other woo. He started something called the Institute for Noetic Sciences in the 1970s. He's essentially the opposite of James Randi. I love to see these charlatans exposed in other parts of their lives too. Turns out he's not only a Uri Geller-level bullshitter but also a common thief.

      So because he has different beliefs then you, he's a bullshitter, and of course,a thief.

      Not like any of us has never kept something from a job we've done. Pens, papers, computers, phones, contacts, paper clips, etc...

      Seems to me, the Gov only cared about the camera is now when he's trying to sell it for some money.

      Since they apparently knew he had it before.

      --
      Be seeing you...
    109. Re:Not bound by the statute of limitations? by Runaway1956 · · Score: 1

      Only in your imagination did I state that "I don't like him, so he deserved to die." Only in your imagination. Alawi was actively working to kill Americans. He didn't care if they were young or old, male or female, black or white, Republican or Democrat, he didn't care if those Americans ever carried weapons, or if they were so innocent that they wouldn't know how to defend themselves. Which part of "actively plotting to attack the USA" do you not understand?

      Trial. Those of you who are so intent on seeing due process served on people like Alawi should volunteer to go get those people, and bring them to court. I double dog dare you.

      Again, I say, " al Alawi was no countryman of mine. The sumbitch deserved much worse than he got. "

      --
      "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
    110. Re:Not bound by the statute of limitations? by DavidTC · · Score: 1

      That treaty applies to nations that have signed the thing. Russia couldn't run off with the lunar lander, for example. That doesn't mean I couldn't.

      The treaty doesn't have anything to do with random people, because it was assumed they wouldn't be wandering around in space in the first place. It was assumed they'd be agents of a government, and hence the governments agreeing to do things was enough. There's no treaty provision requiring random people to turn over parts to the correct government, or, in fact, any government.

      Now, there might be a law about that, forcing Americans into turning over such objects to the government. But that really has nothing to do with treaty if it does.

      There actually is a 'falls to earth' part of the law in the US, the government can demand you return things that fell from the sky, space or otherwise, even if they landed on your property, but that's 'found natural property in the US', and is not really related to 'found artificial property in space'. And there might be a 'moon rocks' law, but I think the government is just working on the theory that absolutely no moon rocks have ever been sold to anyone, ergo, everyone who has them has stolen them.

      Things happening in outer space not in an occupied ship or a space station owned by the US are most likely outside US jurisdiction, although this has never appeared in court. To have jurisdiction, a nation must be able to exercise control. If someone is wandering around the lunar lander stealing stuff, could a local deputy stop them? Even in theory? Not really. Ergo, they do not have any jurisdiction, regardless of the treaty. (The treaty is just making sure that other countries won't challenge that lack of jurisdiction.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    111. Re:Not bound by the statute of limitations? by dlgeek · · Score: 1
      Treaties bind the governments to enforcing their terms on their citizens. Specifically, the outer space treaty mandates that

      States Parties to the Treaty shall bear international responsibility for national activities in outer space, including the moon and other celestial bodies, whether such activities are carried on by governmental agencies or by non-governmental entities, and for assuring that national activities are carried out in conformity with the provisions set forth in the present Treaty. The activities of non-governmental entities in outer space, including the Moon and other celestial bodies, shall require authorization and continuing supervision by the appropriate State Party to the Treaty"

      It also states that anything launched from a US territory or by a US entity is required to operate under the aegis of the US government (or replace US with any other nation-state).

      Also, separate from the terms of this particular treaty, treaties have the force of law in the United States. Specifically, the constitution says

      This Constitution, and the laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the Supreme Law of the land; and the Judges in every state shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

      That's why all treaties require a 2/3 vote of the senate to confirm them.

      Why don't you go actually get some facts, instead of just making assumptions, then come back and try again?

    112. Re:Not bound by the statute of limitations? by c++0xFF · · Score: 1

      You're not an idiot, of course. In most situations, you'd be right -- extra inventory is a sign that something's wrong, just as much as missing inventory is. The extra items are a sign that people aren't doing what you expect, not following procedures, not recording things properly. If I have more money in the bank then I expect when I reconcile my accounts, I need to know why and fix it. Maybe my electricity bill didn't get paid properly and will be shut off tomorrow. Extra money isn't always a good thing.

      But for an Apollo mission ... how big of a deal is an extra item? The astronauts followed pretty strict procedures, but a camera stowed in the wrong place isn't that big of a deal. Would an inventory even bother to look for, and report, extra cameras? If they did inventories of the capsule on return (still an assumption, but let's go with it), my bet is that a missing item that was supposed to be present raised all sorts of red flags, but an extra item that was supposed to be left behind got a shoulder shrug.

    113. Re:Not bound by the statute of limitations? by DavidTC · · Score: 1

      Right. There is currently no legal decision about non-state actors taking things from space, but the sanest legal theory appears to be the 'international water' rules, which essentially say that 'As long as someone does not appear to be control of it, it is fair game.' There, as the other poster pointed out, treaties limiting state actors, but that's all they limit. And there's a reason countries can't just 'make laws' saying 'US citizens can't steal stuff from the moon'.

      Jurisdiction is not supposed to exist in a bubble around each citizen regardless of where they are. An American citizen in Australia should only be subject to Australian law, not US, because only the Australian government can enforce the law on them.

      There are really good reasons for this I'm not going to go into, and there are reasons that attempting to do otherwise will not work in the courts. Basically, if you do not have the power to enforce the law, you do not have jurisdiction, even if you say you do. (This, incidentally, is why 'claimed waters' of various countries expanded...modern navies can 'enforce the law' over them now, whereas before it was essentially 'the horizon'.)

      So, in international waters (and space), instead of people, jurisdiction follows craft like a bubble, because those craft voluntarily fly under specific flags, so when you set foot on them, you're under that jurisdiction. This is because someone exists who has specific legal authority to enforce the laws of that country. Usually the captain

      But without that person, without some sort of 'government', things floating in the ocean (and space) are without owner and without country, and hence literally have no law apply to them.

      The treaties say otherwise, but that's just so other countries can't steal their stuff. The treaties cannot actually create jurisdiction in the absence of actual ability to enforce the law. Ability to enforce the law is what jurisdiction means.

      No one appears to be enforcing the law on some random satellite. No one appears to be enforcing the law on the moon.

      The moon is actually where it gets weird. Even if the lunar lander was still occupied, an argument can be made that that is a docked ship, and hence has jurisdiction over itself, yes, but none over the surrounding environment, and I'm perfectly justified in running off with their parked moon rover, for example. There's no law against stealing cars on the moon, and a ship parked at an unclaimed island in international waters does not magically extend the island, or even close parts of the island, to operating under that ship's flag.(OTOH, if the American astronauts chase me down, take it back, and detain me, I think it would be conclusively demonstrated they do have de facto jurisdiction, aka, control, over that area of land. And once we accept that, we now are in a debate about how far this jurisdiction extends.)

      --
      If corporations are people, aren't stockholders guilty of slavery?
    114. Re:Not bound by the statute of limitations? by Anonymous Coward · · Score: 0

      Much of your argument I think could only apply to ridiculously specific things, like famous paintings or pieces of extraordinarily specialized equipment (such as this). This is of course ignoring the fact that the USA essentially threw it in the garbage, when it was meant to be ditched on the moon.

      But let's take this into a more everyday scenario.

      Say I bought a nice watch at a garage sale. Now say the person selling the watch bought it from a pawn shop. And say the pawn shop bought it from a guy, who bought it from his friend, who happened to have stole it.

      So let's say I've now owned and used this watch for 20 years.

      Someone sees me wearing it on the street, comes up to me and says "That's my watch, give it back".

      They'd damn well better magically have an absolutely flawless paper trail to indicate that this is their property, because I'm not exactly giong to go "oh well shit, sorry" and take it off and give it to this random stranger. Hell, at that point, I just have to point at someone and say "Hey, those are my shoes" and have them given to me.

    115. Re:Not bound by the statute of limitations? by Chris+Burke · · Score: 1

      Right. There is currently no legal decision about non-state actors taking things from space, but the sanest legal theory appears to be the 'international water' rules, which essentially say that 'As long as someone does not appear to be control of it, it is fair game.'

      That's really a gross simplification, especially when talking about government property. The government retains their claims on many things which they are definitively not in control of because it's a sunken wreck on the bottom of the ocean. Unless the U.S. government specifically released their claim to the moon rovers and their contents (which they didn't), or this astronaut's claim that he was given the camera as a gift is true, then it's a pretty clear-cut case that the camera is government property that he misappropriated.

      The jurisdiction-on-the-moon issue is a red herring in this case. It would only be relevant if the astronaut was living on the moon and the U.S. wanted to sue him according to U.S. laws. Then jurisdiction would determine if they were able to do so. Taking government property outside of government jurisdiction does not render it not-government-property, nor does stealing government property while it is outside government jurisdiction render it not-theft. Not under the law of the government in question.

      So for the limits of U.S. jurisdiction to help him now, he'd have to move someplace where the U.S. does not have jurisdiction so they couldn't sue him for breaking the U.S.' laws. Also it'd have to be a place that did not recognize the U.S. government's ownership of the rover parts, so that it would not be a crime under their laws, either.

      But as long as he's in the U.S., then he's under U.S. jurisdiction, and what he allegedly did was illegal according to U.S. law.

      --

      The enemies of Democracy are
    116. Re:Not bound by the statute of limitations? by Coren22 · · Score: 1

      A good excuse to get the space program going again?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    117. Re:Not bound by the statute of limitations? by DavidTC · · Score: 1

      That's really a gross simplification, especially when talking about government property. The government retains their claims on many things which they are definitively not in control of because it's a sunken wreck on the bottom of the ocean.

      The US government may retain their claim, and, as you point out, may in fact enforce it against people living in the US...

      ...that doesn't mean that it actually has such as claim as recognized by any other country or international law. And countries are very loathe to enforce extradition for crimes committed outside the territory of the extraditing country.

      But as long as he's in the U.S., then he's under U.S. jurisdiction, and what he allegedly did was illegal according to U.S. law.

      What he did was certainly illegal, because he was in the military and disobeyed orders. And it wasn't ever abandoned in the first place, the camera never left his possession.

      Whether or not it would be illegal for some random civilian to stroll up to the lunar lander and take stuff from it right now under 'international waters' right of salvage is still entirely up for grabs.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    118. Re:Not bound by the statute of limitations? by Yakasha · · Score: 1

      Are they? The government has fairly detailed rules about the disposal of equipment to prevent federal employees from profiting by declaring something "Trash" (a very common practice in previous centuries for people in charge of managing government funds.) If he didn't follow the correct procedures, then legally speaking, the item was stolen, end of story.

      You can set whatever rules you want, they don't trump the law. Abandoned property cannot be stolen. *THAT* should be the end of the story.

    119. Re:Not bound by the statute of limitations? by DavidTC · · Score: 1

      It also states that anything launched from a US territory or by a US entity is required to operate under the aegis of the US government (or replace US with any other nation-state).

      Whatever you mean by 'aegis' there is probably wrong. (And that word isn't in the treaty.)

      All the treaty actually says is that all vehicles leaving the US must operate under the US flag, just like sea vessels must in theory. (In practice, sea vessels operate out of random ports, due to the fact that modern navies defend all vessels from pirates. If navies went back to only defending vessels under their own flag, everyone would scrabble back to either a superpower, which have ships everyone, or the country they actually operate out of, which presumably has ships close enough.)

      I'm not seeing how that binds them to follow rules set on the US government. The captains of civilian ships are in same category, but they do not, for example, have to allow the right to peaceable assemble.

      A spaceship launched from the US has to fly the US flag, and operate under US law. That does not mean they have to operate as if they are the US government. (Which would actually be rather impossible.)

      Also, separate from the terms of this particular treaty, treaties have the force of law in the United States.

      Um, obviously, the treaty does have the 'force of law', but the treaty doesn't say anything about non-government actors. Uh, duh. The treaty just controls what governments can do.

      To actually outlaw human beings from making off with stuff from other countries, a law would need to exist to make that illegal. That law, could, indeed, be in the form of a treaty, but it's not this treaty.

      And, just as relevantly, treaties usually don't outlaw specific actions by people (Although they could), they instead require the signatories to pass specific legislation doing that. I.e, the treaty says 'We will outlaw X', not 'X is a felony punishable by two years in jail'. It would be hard to write actual laws in a treaty that would fit inside different countries' legal system. (It has actually happened, but usually in specific treaties between two countries, with a different version of each law for each, not general treaties anyone can sign. For example, if two countries each think the other is not taking the border seriously, they could make a treaty that sets out a specific punishment for violating it under each other's law.)

      This treaty neither includes any specific legislation, nor does not require signatories to enact their own version of such legislation.

      This does not mean that there is not specific legislation, just that the treaty doesn't require it that I can tell. If there actually are laws about this, people need to point at the laws, not the treaty which is just controlling what the governments can do, and not individuals not working for the government.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    120. Re:Not bound by the statute of limitations? by arkenian · · Score: 1
      The rules in question are the part of US law as well. I think you will find that it is hard to find any definition of 'abandoned property' that includes items in a federal property book. And it ABSOLUTELY is, legally speaking, theft to mark federal property destroyed when its in your pocket instead.

      Your argument MIGHT be valid if you went, as a private citizen, to the moon today and removed something left behind. It would certainly be a fascinating legal issue. (see things like laws related to sunken treasure recovery.) However, I have difficulty coming up with any legal interpretation of 'abandoned' that could apply in this case until AFTER all federal employees had left the surface of the moon.

    121. Re:Not bound by the statute of limitations? by Yakasha · · Score: 1

      And it ABSOLUTELY is, legally speaking, theft to mark federal property destroyed when its in your pocket instead.

      That is not what happened and is therefore irrelevant, but you're right.

      Your argument MIGHT be valid if you went, as a private citizen, to the moon today and removed something left behind. It would certainly be a fascinating legal issue. (see things like laws related to sunken treasure recovery.)

      It wouldn't. turns out the 1967 space treaty says there is no such thing as abandoned property in space. Otherwise multi-stage booster rockets would be "abandoned" shortly before they fell on foreign cities or hit foreign satellites. So the camera is the property of NASA until paperwork is produced showing the official transfer of ownership.

      However, I have difficulty coming up with any legal interpretation of 'abandoned' that could apply in this case until AFTER all federal employees had left the surface of the moon.

      The difference between abandoned and lost or misplaced property is intent. You can't argue NASA didn't intend to abandon the launch craft, there is paperwork (the blue prints, flight plans, manifests, etc etc) proving NASA intended to abandon the camera, along with the rest of the module, on the moon. Unless NASA can produce plans to recover the camera, even if those plans were scrapped, their intent to abandon is quite clear. Though again this is all moot.

  3. How's that again? by 93+Escort+Wagon · · Score: 5, Funny

    'They give me a list of things they're going to bring back,' said Deke Slayton, head of NASA's astronaut corps, who died in 1993.

    A guy who died 18 years ago is the head of NASA's astronaut corps? That explains a lot.

    Should we refer to it as the astronaut "corpse" then?

    --
    #DeleteChrome
    1. Re:How's that again? by decep · · Score: 1

      We took his soul to heaven and were supposed to leave it in the module, but we brought it back.

    2. Re:How's that again? by jd · · Score: 5, Funny

      The fact that he's still talking is what really bothers me.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:How's that again? by Archangel+Michael · · Score: 2

      THIS, is the start of the Zombie Apocalypse!!!!

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    4. Re:How's that again? by Jason+Levine · · Score: 1

      They've got a zombie in charge of the astronaut corps. He was also quoted as saying: "We need more astronauts. Astronauts with tasty BRRRAAAIIIIIINNNNNSSS!!!!!!"

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:How's that again? by 93+Escort+Wagon · · Score: 1

      The fact that he's still talking is what really bothers me.

      It probably bothered NASA at first; but, after 18 years of it, I imagine they've learned to tune it out most of the time.

      --
      #DeleteChrome
    6. Re:How's that again? by camperdave · · Score: 1

      The fact that he's still talking is what really bothers me.

      "Hey! Who turned out the lights?"

      --
      When our name is on the back of your car, we're behind you all the way!
    7. Re:How's that again? by Anonymous Coward · · Score: 0

      How much did you get paid from Hollywood studios to write that? We see right through your cheap marketing schemes.

    8. Re:How's that again? by ColdWetDog · · Score: 1

      THIS, is the start of the Zombie Apocalypse!!!!

      No, they were just up on the appropriate instructional videos. This is NASA.

      --
      Faster! Faster! Faster would be better!
    9. Re:How's that again? by Andrewkov · · Score: 1

      Plus it saves a tonne in life support costs for astronauts.

    10. Re:How's that again? by UnknowingFool · · Score: 1

      Most zombies suffer from speech impediments due to dying and all. It's not their fault and clearly a handicap that we have to accommodate. How dare you sir!

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    11. Re:How's that again? by Thud457 · · Score: 1
      Ok, so we have :
      • "Deke Slayton, Head Astro-zombie
      • Edgar Mitchell, SpaceFelon ,
      • and

      • Buzz Aldrin, Smiting Fist of the Moon
      • and if you're not limiting yourself to old-skool spacemen,

      • Lisa Nowak, Crazee AstroSlut

      and goddamn, didn't slashdot mangle the piss out of my html formmattering...

      --

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

    12. Re:How's that again? by julesh · · Score: 1

      I'm pretty certain the zombie apocalypse was started by Amazon a few years back. It's just taking its time to catch up with us. You see, every now and then, I see a Kindle hanging around with a picture of some famous dead writer or other, and the words "slide and release the power switch to wake". I can't believe that in all this time, *nobody* has woken Emily Dickinson yet.

    13. Re:How's that again? by bidule · · Score: 1

      The fact that he's still talking is what really bothers me.

      Well, it's a head. What did you expect?

      --
      ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
    14. Re:How's that again? by Anonymous Coward · · Score: 0

      Spending a year dead is popular tax dodge. Especially in this economy.

    15. Re:How's that again? by Anonymous Coward · · Score: 0

      'They give me a list of things they're going to bring back,'

      Doesn't that imply premeditation?

  4. "government is not bound by" by sycodon · · Score: 5, Insightful

    "...government is not bound by..."

    This pretty much explains how we got to where we are today.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    1. Re:"government is not bound by" by mr1911 · · Score: 1

      +1 for you, if I had mod points today.

      --
      This post comes with a double-your-money-back guarantee!
      Any offense taken to this post is at your sole discretion.
    2. Re:"government is not bound by" by Anonymous Coward · · Score: 0

      Oh yes, it's the government that bankrupted your house, not the peaceful, benign and benevolent corporations.

    3. Re:"government is not bound by" by xeno314 · · Score: 1

      How dare you slander our good and noble corporate overlords!

  5. Lunatics giving money to lawyers by Anonymous Coward · · Score: 0

    Damn, I should have become a lawyer in stead of a scientist!

    1. Re:Lunatics giving money to lawyers by johnthorensen · · Score: 1

      Better still: become truly evil, give yourself over to the Dark Side, and become an Expert Witness. :)

  6. Welcome to the USA... by Lumpy · · Score: 3, Funny

    Where we shit on our heros at a moments notice over really dumb things.

    --
    Do not look at laser with remaining good eye.
    1. Re:Welcome to the USA... by blueturffan · · Score: 2

      I'm not sure I'd go so far as to call Mitchell an "American Hero" (TM).

      Yes, he walked on the moon and that puts him in very rare company. However, I think he was a bit of a loon. I think NASA may still be bothered by the whole unauthorized ESP experiments that took place on the return trip. That kind of thing is definitely "not in line with NASA expectations"

    2. Re:Welcome to the USA... by DigiShaman · · Score: 1

      I'm torn on this. On one hand, he is a hero. On the other, that camera was paid for with US tax dollars and itemized as government property. It probably would have slipped under the radar except he attempted to profit off it. Basically he went about this the wrong way. Also anyone who has, and ever will work with any governmental agency will tell you, GET IT IN WRITING with hand signatures. Hearsay doesn't mean diddly-squat to them.

      --
      Life is not for the lazy.
    3. Re:Welcome to the USA... by jesseck · · Score: 3, Informative

      On the other, that camera was paid for with US tax dollars and itemized as government property.

      Government property that was meant to remain abandoned on the Moon. What expectation did the Government have they would recover it?

    4. Re:Welcome to the USA... by jd · · Score: 1

      Yeeeeees, but if it was meant to be left on the lander, then by now it would have been destroyed or badly damaged had he done nothing. This act - regardless of the motive or the legality - has actually preserved an element of history that wouldn't otherwise exist. (Americans claim they don't have much history, but the reality is that Americans have had vast amounts of the stuff but it keeps getting destroyed for one reason or another.)

      Frankly, I don't care who wins this battle. We win if the camera ends up in a science museum. We lose if the camera ends up disposed-of or left to rot in the attic of a collector. (Collectors aren't much good at preserving things either - several pages were ripped out of the Archimedes Palimpsest, two were coloured in by the previous collector to boost auction value, and mould had seriously damaged what was left. It was amazing anything was salvaged from it at all.)

      The rest really doesn't matter.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    5. Re:Welcome to the USA... by Attila+Dimedici · · Score: 1

      Not only would it have "slipped under the radar", it was on the government books as "expended". According to official records it was left on the moon with no intention of ever recovering it. If this was an item that was supposed to be brought back to the earth as part of the mission, I would say that the government has a point, even if all they would have done with it is stick it in a box in a warehouse somewhere. However, until he tried to sell it, the government thought it was gone forever.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    6. Re:Welcome to the USA... by camperdave · · Score: 1

      I'm torn on this. On one hand, he is a hero. On the other, that camera was paid for with US tax dollars and itemized as government property.

      On the gripping hand, it would have been thrown out as trash.

      --
      When our name is on the back of your car, we're behind you all the way!
    7. Re:Welcome to the USA... by Anonymous Coward · · Score: 0

      On the other, that camera was paid for with US tax dollars and itemized as government property.

      Government property that was meant to remain abandoned on the Moon. What expectation did the Government have they would recover it?

      Quit making logical sense. That's forbidden behavior during U.S. property disputes.

    8. Re:Welcome to the USA... by arth1 · · Score: 2

      Yeeeeees, but if it was meant to be left on the lander, then by now it would have been destroyed or badly damaged had he done nothing. This act - regardless of the motive or the legality - has actually preserved an element of history that wouldn't otherwise exist.

      True, and I think he should get to keep it if he pays the shipping costs. What was the total payload, and how big a fraction was this - then multiply with the total costs of the return, and adjust for inflation.

      Then revoke his Presidental Medal of Freedom, which is the highest civilian award possible, and one that liars don't deserve. Unless he's already sold that too...

    9. Re:Welcome to the USA... by theshowmecanuck · · Score: 1

      If it was left there, and if on another mission to the moon, say by another country, would they try to reclaim their abandoned equipment if someone on the expedition took it home? Maybe. Would they win, likely not. So why break this guy's balls?

      They left it there. It would have been salvage. They didn't have to. This is pure crap. There is nothing stopping a person from reusing your garbage once you throw it out, no matter the condition it is in, bad or good. As long as you don't trespass on someone's property to get it. And as far as I know the moon is public property (for now). I'm not a lawyer, but I'm pretty sure if something is abandoned, it is salvage. Did the astronauts sign anything saying they wouldn't salvage stuff, or weren't allowed to take things (that weren't a danger to anyone) home that were going to be thrown out?

      --
      -- I ignore anonymous replies to my comments and postings.
    10. Re:Welcome to the USA... by iluvcapra · · Score: 3, Insightful

      This hero was doing just fine until he wanted to make some money at Sothebys.

      Possessing a piece of American history, even if you might not technically be entitled, is one thing. But selling a piece of American history, for profit, to the highest bidder, is something very different.

      --
      Don't blame me, I voted for Baltar.
    11. Re:Welcome to the USA... by houghi · · Score: 1

      With the abuse that the word hero has gotten the past few years all REAL heroes are already been shat on.

      --
      Don't fight for your country, if your country does not fight for you.
    12. Re:Welcome to the USA... by Bucky24 · · Score: 1

      That's interesting... On all the trash cans/recycling bins in the city I live in, they say "all contents are property of the city. Any attempt to remove them will be considered theft". I suspect that's probably a city thing, not a federal thing, but still...

      --
      All the world's a CPU, and all the men and women merely AI agents
    13. Re:Welcome to the USA... by Anonymous Coward · · Score: 0

      Most heroes don't take public property without permission and then try to sell it on eBay.

    14. Re:Welcome to the USA... by Anonymous Coward · · Score: 0

      Yeah, it's capitalism, straight up.

    15. Re:Welcome to the USA... by camperdave · · Score: 2

      Not only would it have "slipped under the radar", it was on the government books as "expended". According to official records it was left on the moon with no intention of ever recovering it. If this was an item that was supposed to be brought back to the earth as part of the mission, I would say that the government has a point, even if all they would have done with it is stick it in a box in a warehouse somewhere. However, until he tried to sell it, the government thought it was gone forever.

      It wouldn't have "slipped under the radar". NASA must have known about this camera all along. When astronauts returned from the moon, they were kept in quarantine for 21 days. Apparently, the astronauts seal themselves in bio-hazard suits before getting out of the command module. He would have had to have kept the camera with him, or it would have had to have been separately quarantined/decontaminated and returned to him. Now, you can't hide a camera the size of a brick in a bio-hazard suit, nor could you hide it from the three doctors who were quarantined with you. One of the articles states that NASA made multiple requests that the camera be returned.

      I can see NASA's point. If an object is earmarked for destruction and it gets diverted by the person or persons overseeing that destruction, then it is considered stolen merchandise. If I worked for a company that shredded hard drives, and a shipment of 320GB solid state drives came in to be shredded, and I took one or two home, I'd be charged with theft. Same principle here.

      40 years ago, Mitchell was allowed to keep the camera. Today he is required to return it. There must have been something that triggered the change in policy.

      --
      When our name is on the back of your car, we're behind you all the way!
    16. Re:Welcome to the USA... by Attila+Dimedici · · Score: 1

      . If I worked for a company that shredded hard drives, and a shipment of 320GB solid state drives came in to be shredded, and I took one or two home, I'd be charged with theft. Same principle here. 40 years ago, Mitchell was allowed to keep the camera. Today he is required to return it. There must have been something that triggered the change in policy.

      Actually, it is not the same principle at all, hard drives are a different issue altogether because of data security issues (although I get your point).
      Your final sentence gets at the issue of concern here. I, for one, would like to know why NASA has decided at this point that it wants the camera back. (Is it because Mitchell is a complete and utter goofball?)

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    17. Re:Welcome to the USA... by Kittenman · · Score: 1

      GET IT IN WRITING with hand signatures. Hearsay doesn't mean diddly-squat to them.

      As Sam Goldwyn said, a verbal contract isn't worth the paper it's written on.

      --
      "The greatest lesson in life is to know that even fools are right sometimes" - Winston Churchill
    18. Re:Welcome to the USA... by Anonymous Coward · · Score: 0

      Following your dipshit logic, everything everywhere in the US is a piece of US history so nothing should be sold, ever.

    19. Re:Welcome to the USA... by WatchMaster · · Score: 1

      ofmg profit = evil. Why is exchanging your goods for money suddenly more evil than keeping it at your house? Who really cares about a camera that was used 40 years ago then kept in some guys closet.

    20. Re:Welcome to the USA... by iluvcapra · · Score: 1

      I didn't say it was evil. I said it was something very different. Stay sharp WatchMaster.

      --
      Don't blame me, I voted for Baltar.
    21. Re:Welcome to the USA... by Chris+Burke · · Score: 1

      Following your dipshit logic, everything everywhere in the US is a piece of US history so nothing should be sold, ever.

      No, that's you following your own dipshit logic that everything anywhere in the U.S. is a piece of U.S. history, probably using the literalist-dipshit interpretation of 'piece' as 'any component of' and 'history' as 'the past', deliberately ignoring that this is not what the phrase "piece of history" means in the majority of contexts. Like a dipshit.

      Oh yeah, and you also ignored the part where the piece of history in question was not properly owned by the person selling it, thus making your attempt to "follow the logic" even more wrong and stupid.

      --

      The enemies of Democracy are
    22. Re:Welcome to the USA... by savuporo · · Score: 1

      How is any Apollo moonwalker really a hero anyway ? I mean, they were propelled to our nearest neighbor in a cold war "our germans are better than yours" pissing contest, orchestrated by a central design bureau, with the tax money of millions.

      Yes these were all brave and bright guys, hand picked "right stuff" material, but what extraordinary did they personally accomplish to become a "hero" ? I can understand how a propaganda machine back then, just as it did with Yang Liwei in 2003, went out of its way to proclaim them all heroes, but were they, really ?

      If you ask me, Burt Rutan or Elon Musk are much more of heroes of spaceflight thanks to their personal contributions on dragging the entire field out of state socialism mindset, than the twelve moonwalkers ever were.

      --
      http://validator.w3.org/check?uri=http%3A%2F%2Fwww.slashdot.org Errors found while checking this document as HTML5!
    23. Re:Welcome to the USA... by Isaac-1 · · Score: 1

      Actually the whole isolation quarantine thing was only done on the first couple of moon mission after that it was decided to be pointless, so there was no quarantine done on later missions.

    24. Re:Welcome to the USA... by Nyder · · Score: 1

      I'm not sure I'd go so far as to call Mitchell an "American Hero" (TM).

      Yes, he walked on the moon and that puts him in very rare company. However, I think he was a bit of a loon. I think NASA may still be bothered by the whole unauthorized ESP experiments that took place on the return trip. That kind of thing is definitely "not in line with NASA expectations"

      You mean like the same ESP that our (USA) government has studied? https://secure.wikimedia.org/wikipedia/en/wiki/Remote_viewing#US_government-funded_research

      You do realize, that when you say thinks like you think he's a loon because of ESP studies, your are trying to make him seem lesser then "normal" so it's acceptable to say he doing bad things.

      Let's be real, if the gov wanted the camera back, they've had over 40 years to get it back.

      --
      Be seeing you...
    25. Re:Welcome to the USA... by Anonymous Coward · · Score: 0

      Absolutely agreed. It wouldn't have been an issue if he just kept it as a memento (even though he didnt follow the protocol at the time) It became an issue when he tried to sell it.

    26. Re:Welcome to the USA... by heson · · Score: 1
      Because looting on the job is perfectly OK? Greedy bastards!

      -This fabulous artifact is not on the list of stuff to bring from the site, I'll pocket it.

    27. Re:Welcome to the USA... by camperdave · · Score: 1

      True, but Mitchell's Apollo 14 mission from which he acquired the camera was one of them. In fact, it was the last of them.

      --
      When our name is on the back of your car, we're behind you all the way!
  7. hoax by rish87 · · Score: 1

    government wants the camera back because it has undeniable proof that the landings were a hoax. or maybe footage of our dealings with secret aliens to acquire microchip technology....

  8. Re:...and this has to do with /. ... how? by 0123456 · · Score: 1

    It's a legal issue having nothing to do with technology, why is it cluttering up these august pages?

    You could argue that the money NASA is blowing on lawyers to chase after one of the heroes of the Apollo program for selling a camera which was going to be thrown away anyway could be better spent developing new technology.

    Just suggestin'.

  9. Re:...and this has to do with /. ... how? by Anonymous Coward · · Score: 0

    Next there will be a story of someone who is selling the barn where the Wright brothers built the first place.

    Mesmerizing stuff.

  10. One law for the people, another law by Dunbal · · Score: 1

    the government is not bound by the statute of limitations

    Funny, IANAL but isn't that exactly what a statute of limitations DOES? Puts time limits on the government being able to go after you for anything from petty theft to capital murder.

    Also it kinda reminds me of this case, where a judge ruled that the government is "immune to lawsuits when property is in custody of law enforcement.".

    So it looks like the odds are pretty stacked in favor of the government. Tell yourself exactly how "free" you are, nowadays.

    --
    Seven puppies were harmed during the making of this post.
    1. Re:One law for the people, another law by MillionthMonkey · · Score: 1

      Funny, IANAL but isn't that exactly what a statute of limitations DOES? Puts time limits on the government being able to go after you for anything from petty theft to capital murder.

      Sorry to disappoint you, but murder is not subject to a statute of limitations in any jurisdiction, even where you live.

    2. Re:One law for the people, another law by arth1 · · Score: 1

      Sorry to disappoint you, but murder is not subject to a statute of limitations in any jurisdiction, even where you live.

      Many jurisdictions have statutes of limitation for all crimes. To quote a the Ministry of Justice in Norway as an example:

      "All crimes are subject to statues of limitation under Norwegian law, including the most serious crimes such as murder. Limitation periods are regulated by the Penal Code, Â 67, and varies from 2 years to 25 years."

      That said, this isn't a criminal case, and NASA might claim that the moon landings were directly under the orders from Congress and the president, and are thus subject to Nullum Tempus in this case.

    3. Re:One law for the people, another law by Anonymous Coward · · Score: 0

      Sorry to disappoint you, but murder is not subject to a statute of limitations in any jurisdiction, even where you live.

      Wrong: in many jurisdictions it is, for example Japan, Poland.

  11. NASA values camera more than avoiding bad press? by johnthorensen · · Score: 5, Interesting

    Seems like a silly choice if you ask me. Especially when the guy is 80-years-old and a national hero. Moon rocks, I understand - they're in limited supply and of real research value. A camera? C'mon.

    As a sidenote, Space is about the only topic outside of friends and family that can still bring a tear to this grown man's eye. For me, it's the last romantic pursuit of mankind, and one which I treat with the utmost reverence. It's a shame that it's so wrapped up in politics.

  12. For God's sake cut the guy some slack by fredmunge · · Score: 1

    It sounds like internal NASA politics bullshit. I bet the person at NASA leading the charge to get the camera back would piss themselves at the mere thought of going through the level risk those guys embraced. They would rather have left it on the moon than let an astronaut keep it? IMO that's a tragedy.

  13. What is the point? by Dyinobal · · Score: 2

    How retarded they are mad at him for not leaving it on the moon. So instead of it sitting on the moon collecting space dust it's on earth and he wants to sell it, big deal? At some point it has to simply not be worth your time to bother with. It's not like there is some sort of statement you're trying to make because we aren't ever sending anyone back to the moon again. So no one will ever be able to repeat his 'crime' of bringing back moon garbage. I swear bureaucratic astound me at how they love to enforce trivial things.

    1. Re:What is the point? by Anonymous Coward · · Score: 0

      There is no atmosphere on the moon, other than nearby impacts, there's nothing to move space dust around. Everything left behind should be in pristine condition.

      The piece should be in a museum. It was paid for by tax dollars, the public should be able to see it.

    2. Re:What is the point? by Ironchew · · Score: 1

      This isn't even about taking stuff that was supposed to be left on the moon. It seems like they were angry that he didn't leave it in the lunar module; hence, if all went according to plan, the camera would have disintegrated with the lunar module during Earth re-entry. The government response to this sounds like the sort of bureaucratic uptightness normally reserved for the military.

    3. Re:What is the point? by Anonymous Coward · · Score: 0

      This isn't even about taking stuff that was supposed to be left on the moon. It seems like they were angry that he didn't leave it in the lunar module; hence, if all went according to plan, the camera would have disintegrated with the lunar module during Earth re-entry. The government response to this sounds like the sort of bureaucratic uptightness normally reserved for the military.

      If I were Mitchell, just for PR purposes, I'd go and visit Hawaii.

      "As NASA is unwilling to strap this camera onto the side of the next unmanned lunar probe, I'm going to do the next best thing to rectify the situation to NASA's wishes and to the best of my ability. Have it your way, NASA."

      ...and toss the camera into a pool of lava, so that it can be incinerated as NASA wanted it to be some 40-odd years ago.

      (Hmm. Any Lunar X-Prize teams have a few pounds of spare mass? Would probably be the best combination of good PR and sweet revenge imaginable. :)

    4. Re:What is the point? by mmontour · · Score: 1

      if all went according to plan, the camera would have disintegrated with the lunar module during Earth re-entry.

      IIRC the only lunar modules which re-entered the atmosphere were Apollo 9 (test of the LEM in Earth orbit) and the Apollo 13 "lifeboat". The other ones were left to crash into the moon.

    5. Re:What is the point? by syousef · · Score: 1

      How retarded they are mad at him for not leaving it on the moon. So instead of it sitting on the moon collecting space dust it's on earth and he wants to sell it, big deal? At some point it has to simply not be worth your time to bother with. It's not like there is some sort of statement you're trying to make because we aren't ever sending anyone back to the moon again. So no one will ever be able to repeat his 'crime' of bringing back moon garbage. I swear bureaucratic astound me at how they love to enforce trivial things.

      It's the precedent of the thing. What if every man they put on the moon today stole a camera? Wait a second, there aren't any moon missions.

      Well it's the principle of the thing. They can't let an employee get way with theft 40 years ago, or others who work in similar jobs will....oh wait....whole moon program is shut down.

      Well it's the budget! That's the thing! The budget cuts mean they could use the money selling that camera themselves. And the cost of recovering it justifies a few jobs.

      My how NASA has fallen. From moon landings and a continuous manned presence in space to suing an old geezer over a camera while the voyager command computers sit in the corner barely maintained.

      --
      These posts express my own personal views, not those of my employer
  14. C'mon NASA... by JustAnotherIdiot · · Score: 3, Insightful

    ...it's stories like these that make people look at you and say "Boy, I sure am glad the government cut their funding!"

    --
    What do I know, I'm just an idiot, right?
    1. Re:C'mon NASA... by Jonner · · Score: 1

      ...it's stories like these that make people look at you and say "Boy, I sure am glad the government cut their funding!"

      Or maybe it's because they barely have the funding to do their mission that they've resorted to petty attempts to recover every little bit of value from their property.

  15. The judge is wrong by msobkow · · Score: 1

    the judge has ruled that the government is not bound by the statute of limitations

    What good is the statute of limitations if the courts are going to arbitrarily ignore it? By what logic is the judge ignoring the law?

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:The judge is wrong by Anonymous Coward · · Score: 0

      IANAL, but those often have a reference tof some sort that it doesn't start until "parties become, or reasonably should become aware of the action" and since the moon is rather remote, they [the government] could reasonably argue they had no idea he did this until now. I'm not sure I agree with it being worth the effort to sue him now, but I don't see this as the same thing as just ignoring the law. Though the government does seem to be doing a lot of that lately, so what do I know?

    2. Re:The judge is wrong by idontgno · · Score: 1

      By what logic is the judge ignoring the law?

      By the logic of "It makes going after the Bad Guys* tougher!"

      *"Bad Guys" is whomever the government says at the moment. Having to designate "Bad Guys" and stick to that designation also makes going after the Bad Guys harder.

      This logic has the basic underpinnings of one of my 5-year-old twins yelling "That's not fair!" because I give both of the twins exactly and scrupulously the same treatment, but he wants favorable treatment. (For instance, both kids getting exactly the same amount of ice cream, but he wants more than his sister.)

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    3. Re:The judge is wrong by Anonymous Coward · · Score: 0

      Presumably the article is just written horribly. What the judge likely ruled was that no statute of limitations applied in this case. A statute of limitations is just that, a statute created by the legislature telling the executive they can't prosecute/sue someone for something after a certain amount of time has passed. If no statute applies to this particular case, then the government can still pursue it.

    4. Re:The judge is wrong by jd · · Score: 2

      Since the crime took place on the moon, does the judge even have jurisdiction?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
  16. Let the guy keep the camera. Jeeez... by rcb1974 · · Score: 3, Interesting

    This astronaut risks his life to go to the moon, and now the government isn't even letting him keep a little piece of garbage (essentially, that is what it is) that he brought back as a memento. How incredibly lame.

  17. crime on the moon? by jjeffries · · Score: 3, Interesting

    Since the camera was meant to be left there, this alleged crime would have occurred on the moon. Does this mean that the US federal government has jurisdiction on the moon?

    1. Re:crime on the moon? by gnasher719 · · Score: 1

      Since the camera was meant to be left there, this alleged crime would have occurred on the moon. Does this mean that the US federal government has jurisdiction on the moon?

      Interesting point. Maybe if the moon was exactly above the USA when it happened? How many miles up is US jurisdiction? What about satellites that fly above many countries?

      On the other hand, there may be a principle that a deed falls under the jurisdiction of the place where it took effect. If he had stolen the camera from his fellow astronaut on the moon, that would have happened on the moon and not be under US jurisdiction. Same as the US can't throw you into jail if you steal jewellery in Germany and take it into the USA (as long as you do everything strictly by the book when you import the stolen goods). Even if you stole from an American. But it may be that he was legally allowed to bring the camera back to earth, but was obliged to hand it back to the NASA. In that case, the action would have happened on earth.

    2. Re:crime on the moon? by Scutter · · Score: 1

      Up above the clouds, there is no law.

      S K Y C R I M E !!!

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    3. Re:crime on the moon? by geekmux · · Score: 1

      Since the camera was meant to be left there, this alleged crime would have occurred on the moon. Does this mean that the US federal government has jurisdiction on the moon?

      That's easy enough to find out. See who's paying the property taxes on the real estate containing the movie set where the moon landing was filmed...jurisdiction issue solved!

    4. Re:crime on the moon? by pyrr · · Score: 1

      I don't think jurisdiction of the crime matters. The Dred Scott case could apply here, which decided that ownership of property isn't conditional based on location or interruption of some conditions of ownership. In this case, US property was taken to the moon, where it was allegedly stolen and returned to Earth. I would think its condition of being on Earth and in the USA causes it to revert to being US property.

    5. Re:crime on the moon? by Jonner · · Score: 1

      Since the camera was meant to be left there, this alleged crime would have occurred on the moon. Does this mean that the US federal government has jurisdiction on the moon?

      US law can apply on US-registered ships no matter where they are, so it's a not a great stretch to apply the same principle to space craft.

    6. Re:crime on the moon? by NiteShaed · · Score: 1

      Better question, if one astronaut killed another on the moon, could he be tried for murder when he got back as they weren't in the U.S. and no local (lunar) laws were violated? (Not on the actual spacecraft where the U.S. probably would have jurisdiction as it's a U.S. vessel, I mean on the moon itself).

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    7. Re:crime on the moon? by Anonymous Coward · · Score: 0

      Tell this to Viktor Bout who has never been in the USA but is sitting in the american jail now

    8. Re:crime on the moon? by camperdave · · Score: 1

      Since the camera was meant to be left there, this alleged crime would have occurred on the moon. Does this mean that the US federal government has jurisdiction on the moon?

      Well, not left on the moon exactly, but left on the lunar module after it had docked with command module. After separation, the command module would return to Earth, and the lunar module (with the camera on board) would be crashed into the Lunar surface. The US definitely has jurisdiction aboard US spacecraft.

      --
      When our name is on the back of your car, we're behind you all the way!
    9. Re:crime on the moon? by DerekLyons · · Score: 1

      Does this mean that the US federal government has jurisdiction on the moon?

      Federal law asserts that the the Government retains title to Government property, always and forever, regardless of location and even if the Government is currently unaware of the location of the property. In this, Federal law is in agreement with international salvage and admiralty law. (Which is why the statute of limitations doesn't apply - he's not being charged with a crime, he's being sued to force him to return Government property.)

    10. Re:crime on the moon? by houghi · · Score: 1

      It already does so in every other country anyway, so why limit themselves to one planet?

      --
      Don't fight for your country, if your country does not fight for you.
    11. Re:crime on the moon? by Anonymous Coward · · Score: 0

      NASA was an accessory to the crime!

    12. Re:crime on the moon? by phorm · · Score: 1

      If an american pilot is flying over Afghanistan and takes something from jet (let's say, just before ejecting), is he subject to US or Afghan law?

    13. Re:crime on the moon? by snowgirl · · Score: 2

      On the other hand, there may be a principle that a deed falls under the jurisdiction of the place where it took effect. If he had stolen the camera from his fellow astronaut on the moon, that would have happened on the moon and not be under US jurisdiction. Same as the US can't throw you into jail if you steal jewellery in Germany and take it into the USA (as long as you do everything strictly by the book when you import the stolen goods). Even if you stole from an American. But it may be that he was legally allowed to bring the camera back to earth, but was obliged to hand it back to the NASA. In that case, the action would have happened on earth.

      Just because you leave the US, does not mean that the US has let go of all jurisdiction over you. The US federal law has a provision that having sex with a person who is underage (specific age left as problem for reader) is a crime, even if it is outside of US jurisdiction. "How can they do that?" Well, as a US citizen, it's likely that you will come back to the US at some point. You then return to US jurisdiction, and they prosecute you for the crime. "But the crime didn't happen in the US" doesn't matter, you're a US citizen, so they continue to exert extraterritorial jurisdiction over you.

      It is however true that most US federal crimes do not apply when you're extraterritorial, but it is by no means a guarantee.

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    14. Re:crime on the moon? by Anonymous Coward · · Score: 0

      If I work for a government agency and get sent with US Govt. property overseas and then sell that property for my own personal profit, the government would still have grounds to charge me with theft. This is pretty much the same thing.

    15. Re:crime on the moon? by Anonymous Coward · · Score: 0

      In the case regarding the reading of the bible on live tv from lunar orbit, it was ruled outside of their jurisdiction.

    16. Re:crime on the moon? by Anonymous Coward · · Score: 0

      Generally vessels outside of governmental borders still fall under the laws of the vessel's home location. If you're on a US Naval warship, even though you're docked in Egypt the people on board still fall under US law. Same thing with getting married in international waters, or being evacuated from a country. (During the fall of VietNam US and Australian ships filled any extra space they had with South Vietnamese refugees. When North Vietnam called for their returns, the US and Aussies basically gave them a smug grin and said the civilians were in US territory now, so they could kindly f*** off.

      It would make legal sense to claim that even though they're on the moon, the lander is still US territory, following those same laws. It would be a brand new use of this law, but certainly a reasonable extension.

    17. Re:crime on the moon? by Kethinov · · Score: 1

      The spacesuits were the property of the U.S. government. It could be argued they constituted an extension of the U.S. vessel which brought them there.

      Besides, the astronauts are U.S. citizens. If a U.S. citizen commits a crime outside of the country, he can still be prosecuted for it when he returns.

      --
      You're right, I wouldn't steal a car. But if it were possible, I sure as hell would download one!
    18. Re:crime on the moon? by Anonymous Coward · · Score: 0

      He was in a United States SpaceCraft, complete with proper markings (text and flag) and named. This makes that U.S. jurisdiction, same as if you hit a guy on a U.S. registered (sea)Ship, AirCraft or any other vessel. The theft was from the lander (in flight) to the Command Module (in flight), so it's the same as if they were at sea.

      It would be more ambiguous if he had bought his own ziplock bag and scooped up some moon dust to take home. That taking would have been on the moon's surface, where we agreed not to colonize, or claim it and so that could be considered outside US jurisdiction.

      Oddly enough, since those devices etc. from the Apollo landings are now abandoned on the moon, if they were at sea they'd be fair game, considered jetsam.
      So if I were to go to the moon, and retrieve a tool from an Apollo site, no-one should be able to pursue me for that, since it's clearly abandoned.

    19. Re:crime on the moon? by NiteShaed · · Score: 1

      Ah, true, and here's what probably applies (number 7)

      7. Special maritime and territorial jurisdiction of the United States defined
      Release date: 2005-08-03

      The term “special maritime and territorial jurisdiction of the United States”, as used in this title, includes:
      (1) The high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.
      (2) Any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the same constitutes the International Boundary Line.
      (3) Any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building.
      (4) Any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States.
      (5) Any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State.
      (6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.
      (7) Any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States.
      (8) To the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States.
      (9) With respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act—
      (A) the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and
      (B) residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities.
      Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by a person described in section 3261 (a) of this title.

      --
      Some bring out the best in others, some the worst. Some bring out far more.
    20. Re:crime on the moon? by Lehk228 · · Score: 1

      actually 6 would apply

      (6) Any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard.

      legally the vehicle is considered "in flight" even while landed on the moon

      --
      Snowden and Manning are heroes.
    21. Re:crime on the moon? by Soralin · · Score: 1

      I guess they'll just have to settle for extradition. :)

    22. Re:crime on the moon? by Tim+C · · Score: 1

      Let's change the question slightly - if I (in the UK) kill an American citizen, then travel to America and am arrested, where do you think I'd be tried? Can you really see it mattering that we were in the UK at the time?

      Besides which I believe that the US Constitution applies to all American citizens regardless of location, and I'm pretty sure the right to life is at least implied...

  18. Re:Let the guy keep the camera. Jeeez... by Kenja · · Score: 2

    He's not trying to keep it, he's trying to sell it.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  19. Re:...and this has to do with /. ... how? by Dunbal · · Score: 1

    Yeah if I was said astronaut I would take a little boat trip, drop the camera overboard and say "what camera?"

    --
    Seven puppies were harmed during the making of this post.
  20. Abandoned property by Quila · · Score: 5, Insightful

    You'd think anything purposely designated to be left on the Moon is about as abandoned as property can get.

    1. Re:Abandoned property by ackthpt · · Score: 1

      You'd think anything purposely designated to be left on the Moon is about as abandoned as property can get.

      And in internationally accepted practice, such as naval salvage, you're entitled to it.

      What do you suppose will happen, though, if some unethical weasel goes to the moon, gloms onto some of the artifacts and brings them back?

      Uh, huh. Gummint suddenly revises the rules, but saying there's no rule and then takes the unethical weasel to court. Two wrongs, sorta fing.

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:Abandoned property by melikamp · · Score: 2

      It's funny, but IMHO not true. Barring a cataclysmic event, Moon will surely be colonized within a few millenniums, and all of that trash will have tremendous historical value. I don't see how anyone but NASA has a legitimate claim to it, and I would much rather see these items in a public museum than locked up in some collector's private stash.

    3. Re:Abandoned property by Anonymous Coward · · Score: 0

      It wasn't abandoned. They were planning on going back to pick it up some day. Watch, they'll launch another Moon mission just to prove it!

      (What a commentary on America it would be if a court case did in fact cause us to go to the Moon again. Curiosity? Innovation? Progress? Nah, we're driven by lawyers now.)

    4. Re:Abandoned property by geekmux · · Score: 1

      You'd think anything purposely designated to be left on the Moon is about as abandoned as property can get.

      Absolutely.

      Since NASA still wants to hold value against their "abandoned" property by initiating this lawsuit, perhaps he should counter with a lawsuit forcing NASA to either tend to the "valuable" garbage, or force them to sign a document stating that it IS truly abandoned, and therefore dismissing this lawsuit altogether.

      Of course, I suspect another army of lawyers will want to stand up and argue jurisdiction rights related to abandonment laws on the moon, carrying this pointless lawsuit out several more years...

      IANAL, nor do I play on on TV...YMMV...

    5. Re:Abandoned property by jd · · Score: 2

      The only time abandoned property within international territory is off-limits is when it's a war grave. So unless the government isn't telling us something, salvage rights would seem to apply. Now, if he didn't declare it on the customs form, he might owe the government import duties, but that's about it.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:Abandoned property by Fujisawa+Sensei · · Score: 1

      First resolve the issue of getting the unethical weasel to the moon to begin with; then we can talk about salvage rights.

      --
      If someone is passing you on the right, you are an asshole for driving in the wrong lane.
    7. Re:Abandoned property by Anonymous Coward · · Score: 0

      What if I take it off the moon and dump it in the ocean; you perform the naval salvage. Then you recover it and slip me some money under the table (well a lot to cover my expenses; I'll forgo the profit as a paid trip to the moon is pretty cool)

    8. Re:Abandoned property by appmudpie · · Score: 0

      Didn't Al Gore invent the moon?

    9. Re:Abandoned property by DerekLyons · · Score: 2

      The only time abandoned property within international territory is off-limits is when it's a war grave. So unless the government isn't telling us something, salvage rights would seem to apply.

      Salvage law does apply here - and in this case, salvage law states that government property remains government property forever unless the government in question explicitly and specifically renounces it's rights over the property. (Which NASA has never done for the hardware in question.) That's why the US Navy took custody over the CSS Hunley wreck site - the US Government took custody of all CS Government property at the end of the war and transferred custody of Naval property to the USN, who never renounced their claim to the Hunley. That what Curt Newport had to negotiate salvage rights for the Liberty Bell 7 with NASA, and why NASA claims ownership over the various bits of Challenger and Columbia that surface from time-to-time.
       
      Only in very narrow and very specific (and generally pretty unusual) cases does Salvage Law allow "finders keepers" - and this one isn't one of them.

    10. Re:Abandoned property by Anonymous Coward · · Score: 0

      Let's put solar panels on the moon buggies and rig them up as ROVs, renting time to NASA for their own hardware.

    11. Re:Abandoned property by TheoMurpse · · Score: 1

      I don't see how anyone but NASA has a legitimate claim to it

      Feel free to re-write property law, which holds up the principle that abandoned property belongs to the finder. IT has held up this principle for a thousand years. Lost, Mislaid, and Abandoned Property

      The foregoing analysis, of course, is entirely contingent upon your categorization of this stuff as "trash" (i.e., abandoned property).

    12. Re:Abandoned property by drnb · · Score: 1

      Didn't Al Gore invent the moon?

      No, but some would argue he invented lunacy. :-)

    13. Re:Abandoned property by lennier · · Score: 1

      What do you suppose will happen, though, if some unethical weasel goes to the moon

      It would be a giant stride for mad genetic engineering, for one thing.

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    14. Re:Abandoned property by Anonymous Coward · · Score: 0

      Your opinion is quite curious.

      There are, right now, a couple of other similar cameras lying in the lander's impact crater right now. Those are available for future recovery. ... Although how you think the destroyed bits that we don't have access to are of greater historical value than a camera that is intact, and available now.. well, lets just say I can't fathom the logic.

      Second.. while you may prefer to see them in a public museum rather than in a locked up collector's stash .. NASA wasn't interested in either proposition. They left it for destruction. And I would rather the thing be in some private collector's stash where at least somebody can enjoy it (and, it still has a chance to end up in a museum because the private owner loans it/sells its/wills it) rather than NASA's original plan to smash it all up.

    15. Re:Abandoned property by melikamp · · Score: 1

      I said "trash" in jest. IANAL, but on an intuitive level, it is questionable that this property was "abandoned". Leaving it behind was a strategic decision by NASA leadership: bringing it back now would be needlessly expensive, would pose additional risk to astronauts' well being, and wouldn't provide any scientific value. Just because something was left on the surface of the Moon doesn't make it abandoned. The flag, for example, wasn't "abandoned"; do you want to argue with that? I would be totally on NASA's side if they were to argue that things like plastic bags were abandoned, but historically interesting scientific equipment was not. If we get a bit more technical, was all the equipment left "in such a condition that it is apparent that [the owner] has no intention of returning to claim it"? Unless melted by the Sun or crushed by a meteorite, all of that junk will still be in absolute mint condition thousands of years from now.

      And I certainly don't feel the pain of astronauts who try to make money by selling equipment they brought from the Moon, especially if it was in violation of the mission objectives. Walking on the Moon at the taxpayers' expense already seems like a very generous reward for their work.

  21. First pickpocket on the moon! by AchilleTalon · · Score: 0

    Edgar Mitchell is officially known as the first pickpocket on the moon!

    --
    Achille Talon
    Hop!
  22. What he did was quite dangerous. by 140Mandak262Jamuna · · Score: 2
    The spacecraft they were flying were all very fragile machines. Please don't imagine a tiny pocket camera. It is likely to be quite heavy. Further with chemicals and batteries etc, there are other hazards too. The mission they were undertaking was extremely dangerous and risky and nothing should have been done with deliberation, forethought and thorough review of every contingency. To randomly rip off pieces from spacecraft and smuggle it aboard jeopardizes the mission, the vehicle and the crew.

    It is probably not as stupid as that test pilot with a broken foot hiding the fact from the Air Force in a glory seeking attempt to be the first to break the sound barrier. That is the best one can say about the incident.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:What he did was quite dangerous. by Anonymous Coward · · Score: 0

      Chuck Yeager broke two ribs before the flight. Hiding a broken foot would have been a lot more difficult and dangerous.

    2. Re:What he did was quite dangerous. by kidcharles · · Score: 1

      You make a good point. I believe they needed to know the exact weight of the various craft to calculate required thrust and fuel supply. If the camera weighed enough that could have thrown off their calculations.

      --
      Ceci n'est pas une sig.
    3. Re:What he did was quite dangerous. by 140Mandak262Jamuna · · Score: 1

      OK it was ribs not the foot. Still the point stands. Can we say for certain that all previous attempts failed because of faulty engineering, bad machines or machine failures? Is it possible there could have been a less celebrated but equally vainglorious test pilot who hid an injury or a temporary disability and crashed a perfectly good plane? Think how many months/years the technology would have been delayed or even abandoned if Chuck had crashed that plane instead of successfully landing it back again.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    4. Re:What he did was quite dangerous. by Anonymous Coward · · Score: 0

      this is why almost all guidance circuits are closed loop, so stupid shit like your supposition can be laughed at e.e

    5. Re:What he did was quite dangerous. by Anonymous Coward · · Score: 0

      I think you are overestimating the size of the camera and the risk invovled. Yes, mass is important on these missions. However many of their items were designed to be light weight because this was such a limitation. This is an assumption, but I believe the camera would fall into this category of items and have a low mass. A low mass would not have made a huge difference. Remember, they flushed their urine and waste out into space. This changed their on-board by small amounts mass repeatedly. Furthermore, remember that ever action has an equal and opposite reaction. If they flushed, it pushed their craft very slightly. The Apollo crafts were not just bullets that were fired once and then left without a method of modifying their course. They were able to track the crafts location and modify their course if they drifted off course a bit.

        Second, these things are not that big. They are not the big shoulder cameras that are used by local news crews that go on-scene. These were small devices made to be held in one hand or on light-weight and flimsy tripods that were left on the moon. If you want to see the cameras used, go here: http://www.myspacemuseum.com/apollocams.htm They have many pictures of the cameras

    6. Re:What he did was quite dangerous. by ColdWetDog · · Score: 1

      You think they weighed the rocks? They had a pretty good idea of how much material they could lift / throw away. The astronauts had a pretty idea of those limitations seeing as they were involved with the mission and it's various arcana for years. Mitchell knew he would get away with it. He wasn't going to jeopardize the mission.

      Mitchell was a funny guy, not the typical astronaut (if there really was a 'typical' astronaut). He was big into paranormal stuff / UFOs. This sort of thing is pretty much in character for him.

      And the previous posts about Deke Slayton knowing all about every little bit that got brought back on the Apollo trips isn't quite correct. Yes, astronauts were typically diligent about declaring patches / mementos and such. No, they weren't good at being very thorough in their listing. A bunch of little stuff went up and back and is off the books. Problem is that it's hard to prove provenance if someone just tells you "it went to the moon". The big advantage that the listed stuff had was somebody at NASA actually thought it went to the moon and wrote it down somewhere. Basically a bit of bragging rights, not much else.

      --
      Faster! Faster! Faster would be better!
    7. Re:What he did was quite dangerous. by LWATCDR · · Score: 2

      No he didn't.
      The calculations are not that touchy. Apollo has this thing called a computer. It used things called sensors that would lock on stars to update its position. They could carry x amount of samples back but the had a safety factor along with extra fuel for maneuvering the CSM. It wasn't down to the gram folks or even the KG.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    8. Re:What he did was quite dangerous. by GrahamCox · · Score: 1

      The spacecraft they were flying were all very fragile machines. Please don't imagine a tiny pocket camera. It is likely to be quite heavy. Further with chemicals and batteries etc, there are other hazards too. The mission they were undertaking was extremely dangerous and risky and nothing should have been done with deliberation, forethought and thorough review of every contingency.

      Yet that very dangerous item was carried there in the very same spacecraft. Didn't seem to be a problem on the way down.

  23. Think this is interesting...? by ackthpt · · Score: 1

    Wait until they get to the Zapruder film from the moon.

    --

    A feeling of having made the same mistake before: Deja Foobar
  24. Why am I not surprised? by JoshuaZ · · Score: 5, Insightful

    Honestly, I'm not that surprised that of all the astronauts who walked on the moon that this would be an issue with Edgar Mitchell. He's always been a bit of an odd ball/loose cannon. He's a strong believer in psychics and thinks that UFOs are actually visiting aliens. He also claims to have been involved in remote healing and ESP. He founded the very New Agey Institute for Noetic Sciences http://en.wikipedia.org/wiki/Institute_of_Noetic_Sciences (some may remember them for getting some degree of reference in Dan Brown's last book.) A lot of NASA has had very little patience with him. It isn't surprising that he'd both have neglected to do something like tell the rest of NASA what he was taking back and that he would have annoyed them enough that they would not end up finding an amicable resolution of the issue.

    1. Re:Why am I not surprised? by Nom+du+Keyboard · · Score: 2

      He's always been a bit of an odd ball/loose cannon. He's a strong believer in psychics and thinks that UFOs are actually visiting aliens. He also claims to have been involved in remote healing and ESP. He founded the very New Agey Institute for Noetic Sciences (some may remember them for getting some degree of reference in Dan Brown's last book.) A lot of NASA has had very little patience with him.

      But what if he's right?

      --
      "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    2. Re:Why am I not surprised? by Scutter · · Score: 1

      and thinks that UFOs are actually visiting aliens

      What else would they be? The term "UFO" (while including the word "unidentified"), implies "extraterrestrials".

      --

      "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
    3. Re:Why am I not surprised? by 0123456 · · Score: 1

      The term "UFO" (while including the word "unidentified"), implies "extraterrestrials".

      Only foo-freaks think that 'Unidentified Flying Object' implies that little grey men are flying them.

    4. Re:Why am I not surprised? by Jeng · · Score: 1

      Some are of course aircraft that is still in development, such as the UFO's you would see around Area 51.

      Some could be as of yet unexplained atmospheric phenomena, such as the foo fighters seen during WW2 and by the Apollo astronauts.

      Some could be extraterrestrials, but that is doubtful. And if they do exist I imagine they have much the same relationship as we have with monkeys. We may abduct one now and then, probe them, and return them, but we aren't going to try to get them to co-exist in our society.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    5. Re:Why am I not surprised? by Anonymous Coward · · Score: 0

      Irrelevant. He's not being sued by an association of Apollo astronauts for being nonscientific. He's being sued by the federal government for an entirely different reason.

    6. Re:Why am I not surprised? by UnknownSoldier · · Score: 1

      Just because you are completely and utterly clueless about Princeton Engineering Anomalies Research
        (PEAR), doesn't mean everyone is as clueless about consciousness as you are:

      http://www.princeton.edu/~pear/publications.html

    7. Re:Why am I not surprised? by snowgirl · · Score: 1

      I bet he also believes the moon landings were faked!

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    8. Re:Why am I not surprised? by lennier · · Score: 1

      The term "UFO" (while including the word "unidentified"), implies "extraterrestrials".

      No, that's the opposite of a true thing. The term UFO was deliberately chosen by Ed Ruppelt of BLUE BOOK to avoid jumping to any conclusions about the origin of unidentified aerial phenomena and take the sightings purely at face value - as a reaction to the 1948 SIGN group's jumping directly to the embarrassing "extraterrestrial hypothesis", and then GRUDGE attempting to bury all unexplained sightings as conventional explanations.

      If you've read some of the original ufologists, for instance Vallee and Hynek (Vallee is particularly interesting for Slashdotters as he is one of the guys who really did work on the Internet - his 1982 The Network Revolution is a brilliant prediction of today's forum culture, you'll find that they are very ambiguous as to the source of sightings, and even to what extent they are physical vs mental events. There are many features of actual UFO reports which don't translate at all well into the "nuts and bolts spaceships and biological extraterrestrials" lore that people brought up on fictional treatments from Steven Spielberg and Chris Carter might expect.

      If you'd like to consult source documents rather than third and fourth-hand Hollywood folklore, some of the history of the SIGN group is described here: Saturday Night Uforia: Matters of National Interest. (This is not my blog, but I'm a fan. The author has a spinoff site here: Saturday Night Uforia - but it doesn't yet have all his old articles.)

      --
      You are not a brain: http://books.google.com/books?id=2oV61CeDx-YC
    9. Re:Why am I not surprised? by Tim+C · · Score: 1

      The term UFO was deliberately chosen by Ed Ruppelt of BLUE BOOK to avoid jumping to any conclusions about the origin of unidentified aerial phenomena and take the sightings purely at face value

      That's as may be, but unfortunately if you say UFO to the average person they're going to think of flying saucers and little green men.

    10. Re:Why am I not surprised? by Darth_brooks · · Score: 1

      What does Dave Grohl's band have to do with any of this?

      --
      There are some people that if they don't know, you can't tell 'em.
  25. Re:...and this has to do with /. ... how? by swanzilla · · Score: 1

    Moon thievery? Come on man. Save the grunting for the next bitcoin post.

  26. Perfect for the job by Anonymous Coward · · Score: 0

    A guy who died 18 years ago is the head of NASA's astronaut corps? That explains a lot.

    Should we refer to it as the astronaut "corpse" then?

    What does NASA need a living head of its astronaut corps for? It's not like it has any spacecraft to send them up in.

  27. Re:Let the guy keep the camera. Jeeez... by geekmux · · Score: 1

    He's not trying to keep it, he's trying to sell it.

    And unless that ancient piece of hardware is going to command a new multi-billion dollar budget for NASA at auction, NASA should give a shit about this why?

    At auction, this thing probably won't even fetch enough to pay for a NASA toilet seat, but could bring significant benefit to the seller(and buyer for that matter), not to mention perhaps getting some good press out of it. Instead, NASA decided to take a shit on it and call out a national hero. Nice, real nice.

    NASA, you embarrassed a Nation today. Learn to leave well enough alone.

  28. Re:...and this has to do with /. ... how? by mulvane · · Score: 1

    I've heard of the Wright Brothers and the things they were first to do. But really? I'm pretty sure they didn't build the first place. Depending on your religious or evolution beliefs, I'm sure some prior art can refute this claim.

  29. The Big Question Is... by Nom+du+Keyboard · · Score: 2

    The big question is: How did he get it through quarantine on his return 40 years ago? Like nobody noticed that he had this movie camera in his pocket at the time and said, "Hey Edgar, is that a camera in your pocket, or are you just happy to see me?"

    --
    "It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
    1. Re:The Big Question Is... by Maximum+Prophet · · Score: 2

      That's probably his basis for believing might be his. Someone said to him "What's this", and he said, "A camera from the moon.", then they said "Ok, keep it"

      He didn't get it in writing, nor, I imagine, did he verify that the person who said "Keep it", had the authority to allow him to keep it.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    2. Re:The Big Question Is... by sjames · · Score: 1

      That's actually a fairly strong point. If his possession of the camera was actually not authorized, why didn't anyone say anything way back then?

    3. Re:The Big Question Is... by Anonymous Coward · · Score: 0

      That's one way to get mooned.

  30. abandoned and fair game. by Fujisawa+Sensei · · Score: 1

    Since the camera was abandoned on the moon, it should have been fair game.

    --
    If someone is passing you on the right, you are an asshole for driving in the wrong lane.
  31. Its about the sale not the possession? by perpenso · · Score: 5, Insightful

    I am just guessing but I expect its not about possessing the "discarded" gear, rather its about trying to profit from it. If it had been passed on to his kids/grandkids or put in a museum for display I doubt the government would have cared.

    1. Re:Its about the sale not the possession? by Anonymous Coward · · Score: 0

      which still highlights an important question ... why the fuck does the government give one, let alone two, shits about it?

      Its an outdated, obsolete piece of kit that the government valued at absolutely zero dollars, zero cents. Marked for destruction in the impact crater of the abandoned Antares lander.

      So, now, an astronaut near the end of his life wants to move this camera... and the government wants to not only not let him, but they want to burn up US attorney time and Federal court time in order to do so.

      Fuck me, when can we start billing these idiot prosecutors for all the tax dollars they're wasting. So you win, then what? You sell it? Then Mitchel may well have a valid low-order salvage claim and you all go back to court to find the fuck out. Even if you win that, you've expended waaaaaaaaay more dollars than it was expected to go for. And if you lose, its an expensive way to look like a douchebag. Shocking, I know, that douchebaggery makes one look like a douchebag. It isn't like there is some moral high ground for the government to occupy here. It isn't even like theres some muddled grey area. Its just fucking stupid douchebag shit.

    2. Re:Its about the sale not the possession? by MozeeToby · · Score: 2

      Because "Astronaut sneaks uncatalogued equipment back from mission and makes a metric ass ton of money off it" is a bad precedent to let sit uncontested.

    3. Re:Its about the sale not the possession? by Anonymous Coward · · Score: 0

      Well.. first, it wasn't going to be a metric ass ton of money.

      Second.. the equipment wasn't uncatalogued. It was explicitly catalogued as expended. From expend, meaning to use up or consume. Expended, meaning it was used up or consumed. Hence it was, as far as the government was concerned, without further value. And demonstrably so by being slated and positioned for destruction on the lunar surface (hey! That's littering!)

      Third, it sets pretty much no precedent whatsoever. It is nothing new that stuff one entity regards with no value can be salvaged for value by another. It should have been of no concern to NASA whether the camera was expended on the lunar surface or on the surface top of an auction table.

    4. Re:Its about the sale not the possession? by hypergreatthing · · Score: 1

      so what if he's trying to sell it? Some how it lessens the fact that it's his?

    5. Re:Its about the sale not the possession? by Lehk228 · · Score: 2

      no, it's not his, it's the property of the US government. there is a lot of precedent for the government recovering their stolen property even generations later.

      --
      Snowden and Manning are heroes.
    6. Re:Its about the sale not the possession? by Jeng · · Score: 1

      The Federal Governments property is the Federal Governments property. How hard is that to understand?

      All he had to do was declare that he was taking it and there would be no issue at all, but he didn't.

      You can talk shoulda woulda coulda, but he didn't do what he was suppose to do if he wanted this object and now he has federal government property without proper paperwork which means that it is still federal government property.

      --
      Don't know something? Look it up. Still don't know? Then ask.
    7. Re:Its about the sale not the possession? by Chris+Burke · · Score: 1

      so what if he's trying to sell it? Some how it lessens the fact that it's his?

      The only thing it lessens are the impetus for the government to ignore the fact that it isn't his, and my sympathy for him not getting to keep it.

      If the government was suing to take back the memento on his mantle piece, I'd think that was pretty cold-hearted. But in this case the coldness started when he decided to auction off the "memento" for cold hard cash.

      --

      The enemies of Democracy are
    8. Re:Its about the sale not the possession? by Anonymous Coward · · Score: 0

      The federal government abandoned its property. How hard is that to understand?

      Apparently, pretty fucking difficult. Because you actually think that "all he had to do was declare ..." and the fact that he may not have is worth all this bullshit.

      Do you realize how absolutely stupid that sounds? NASA: If you'd just told us, we wouldn't be spending thousands of dollars on lawyers and court time over a camera we left for destruction. A camera we were okay with you taking. Except you didn't tell.

      yeah. That makes the whole fuckup more reasonable, palatable, and worthwhile to taxpayers everywhere. Oh wait ..

      I didn't bother to talk shoulda woulda coulda. All I did was ask why the federal government would give "one, let alone two, shits" over a camera they were going to destroy. An act of abandonment of property. Gear that NASA didn't want, destroyed, and was going to make no move to collect in the future. YOU can talk shoudla woulda coulda all you want, but if the federal government wanted this object all it had to do was not throw it the fuck out. Which would make it still federal government property, and incidentally, wouldn't have been in the astronauts hands at all.

    9. Re:Its about the sale not the possession? by Anonymous Coward · · Score: 0

      No, I believe this is more about NASA being able to sell it to someone, probably a museum, or give it to a museum that just so happens to coincide with a key senator's state. I get the feeling that if they'd've found out through any means they'd want the camera back.

  32. Keep dont sell by Anonymous Coward · · Score: 0
    I have no problem with astronauts keeping memorabilia.
    I have a big problem with astronauts monetizing that memorabilia.
    Analogy: Chef eats free lunch at restaurant; Chef sells his free lunch to third party.

    Husband fucks whife; Husband sells videos of the fucking on the internet (does not share income)

  33. Being an ex-astronaut sucks now. by Animats · · Score: 1

    One other ex-astronaut recently complained that NASA pulled his visitors badge for NASA Houston. There used to be a policy that astronauts could visit the old place, but no longer. NASA still has about 60 active astronauts on the payroll, which is about 40 more than they need. They haven't officially announced layoffs, but there is pressure to quit or retire.

  34. Re:...and this has to do with /. ... how? by Aeros · · Score: 1

    nah I wouldn't call him a hero. A thief yes, but not a hero. We paid for this and went about getting it absolutely the wrong way. I would be happy if he returned it, paid NASA any cost incurred to them from this as a result of lawyer fees and anything else related and that's that. If he turns around and starts to be a dick about it then fine him and look at throwing some jail time in there as well for him. Just my thoughts.

  35. Setting Precedent by Jason+Levine · · Score: 1

    If they let this guy keep the camera then they're setting a bad precedent. It would mean that all future astronauts on US manned lunar missions would... oh wait... never mind. Precedent averted due to lack of manned lunar missions.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  36. Re:...and this has to do with /. ... how? by JockTroll · · Score: 1, Insightful

    why is it cluttering up these august pages?

    Because it's OCTOBER, you loserboy nerd.

    --
    Geeks are so full of shit that "beating the crap out of them" takes a whole new meaning.
  37. So what they did means nothing by pcman · · Score: 1

    These guys risk their lives to go into space and do what is asked of them. Now they are sued for keeping a memento that was going to be discarded anyway? He should sue NASA as he just found out how dangerous it really was and they risked his life. Good grief.

  38. Back where it belongs by petes_PoV · · Score: 2
    If NASA do want this camera, they should be duty bound to follow through and restore it to the place they think it should be: on the Moon. If they're not willing to do that, and just want to piss the guy off, they don't have the moral authority to claim ownership.

    Either it goes back to it's rightful resting place, or the guy who brought it back gets to keep it. Choose.

    --
    politicians are like babies' nappies: they should both be changed regularly and for the same reasons
    1. Re:Back where it belongs by Anonymous Coward · · Score: 0

      I'm down with a mission to put it back where it belongs.

      Sounds like a good project for a group of ambitious college students

    2. Re:Back where it belongs by superdana · · Score: 0

      That's ridiculous. Edgar Mitchell is the one who removed it from the moon without NASA's permission. Why should NASA be responsible for that?

      Tell you what. Here's a car analogy. I'm going to steal your car and drive it to Mexico. If you want it back, you have to come get it and return it to your garage. Otherwise I get to keep it fair and square and you promise never to tell the police.

    3. Re:Back where it belongs by Isaac-1 · · Score: 1

      Sadly enough the car analogy does work much like that, about 25 years ago my step father had a car stolen, it turned up half way across the country in an impound yard in New York several months later. He was given the option of getting the car back, but to do so he would have to travel to New York to get it, he could not sell it to someone there or have someone pick it up from the impound because they would only release the car to the registered owner in person.

  39. US flagged vessel is US jurisdiction by perpenso · · Score: 1

    IANAL but my understanding is that vessels at sea are under the legal jurisdiction of the country whose flag they fly. Warships even remain the territory of their country after being sunk. I'd expect spacecraft would operate under similar rules, especially government owned spacecraft.

    1. Re:US flagged vessel is US jurisdiction by magarity · · Score: 1

      IANAL but my understanding is that vessels at sea are under the legal jurisdiction of the country whose flag they fly. Warships even remain the territory of their country after being sunk. I'd expect spacecraft would operate under similar rules, especially government owned spacecraft.

      By that line of reasoning shouldn't this camera be considered salvage since the owner had ordered it be abandoned?

    2. Re:US flagged vessel is US jurisdiction by perpenso · · Score: 1

      To avoid redundant posts I'll provide a link to another comment regarding "abandonment". http://slashdot.org/comments.pl?sid=2472782&cid=37693140

  40. salvage law by Khashishi · · Score: 1

    It should be treated as marine salvage. I'm no expert at marine salvage law, so I don't know what that entails, but the fact that it took place on the moon should make no difference.

    1. Re:salvage law by ColdWetDog · · Score: 1

      It should be treated as marine salvage. I'm no expert at marine salvage law, so I don't know what that entails, but the fact that it took place on the moon should make no difference.

      You don't see a difference between the surface of the moon and the surface of earth's ocean?

      You're in management, right?

      --
      Faster! Faster! Faster would be better!
    2. Re:salvage law by NiteShaed · · Score: 1

      I'm also no expert, but wouldn't any salvage belong to the group running the expedition, as opposed to individuals who were sent? For instance, if I mounted a salvage expedition to recover objects from a Spanish galleon, I don't think my crew can just stuff their pockets with doubloons, those would be the property of the expedition. Now, if he were to take his own rocket to the moon, grab things, and bring them back, that'd be different. Also, at the time that he took the camera from the ship, wasn't it still operational? In other words, it wouldn't be salvage *until* it had been released and crashed on the moon, until then he was taking equipment from an operational vehicle that was still in use by NASA.

      --
      Some bring out the best in others, some the worst. Some bring out far more.
  41. Re:...and this has to do with /. ... how? by 0123456 · · Score: 1

    We paid for this and went about getting it absolutely the wrong way.

    The Apollo astronauts left a lot of poop bags on the moon too, which NASA paid for; both the bags and the poop inside them. If he'd brought back a bag full of space-poop and was selling it, would you be making the same argument?

    Ultimately it's a camera which was to be abandoned on the moon, which would have essentially no value if it hadn't been to the moon because very soon you won't even be able to buy 16mm film anymore. If the government gets it back they're just going to stick it in a box and it will never be seen again.

    What's the point? NASA looks bad and gains nothing unless it then turns around and sells the camera itself.

  42. Settlement by Translation+Error · · Score: 2

    I'm sure they'll come to a fair and reasonable agreement that all charges will be dropped if he simply puts the camera back where he found it.

    --
    When someone says, "Any fool can see ..." they're usually exactly right.
    1. Re:Settlement by Anonymous Coward · · Score: 0

      Since we have no plans to go back to the Moon that is impossible.

    2. Re:Settlement by snowgirl · · Score: 1

      *WOOSH!*

      --
      WARNING! This girl exceeds the MAXIMUM SAFE standards established by the FDA for BRATTINESS
    3. Re:Settlement by master_p · · Score: 1

      He can't do that, those Paramount studios no longer exist.

  43. Re:...and this has to do with /. ... how? by GameboyRMH · · Score: 1

    This may be the best username/post combo in Slashdot history.

    --
    "When information is power, privacy is freedom" - Jah-Wren Ryel
  44. How I would rule by Anonymous Coward · · Score: 0

    Judge: You can have the camera back, on one condition - you have to put it back in the lunar module where it rightfully belongs.

  45. Question is why now for a by Anonymous Coward · · Score: 0

    40 year old camera? Wasting tax payers money to go after it. This just leads me to believe that there is something there they do not wish people to find out about or see.

  46. Apollo retrieved parts from Surveyor probes by perpenso · · Score: 3, Insightful

    It may not be abandoned in a legal sense. For example it is my understanding that a naval vessel remains property of the navy until stricken from the navy's registry. Also it may not be abandoned in the scientific sense either. A future mission may visit the site to study the effect of long term exposure on various materials. IIRC things like this have already been done, Apollo 12 landed near a robotic Surveyor probe and recovered some parts for such a purpose. The lander may be expended not abandoned?

    1. Re:Apollo retrieved parts from Surveyor probes by DerekLyons · · Score: 1

      It may not be abandoned in a legal sense. For example it is my understanding that a naval vessel remains property of the navy until stricken from the navy's registry.

      Being stricken from the registry only means it's no longer being carried on the books as an active vessels. It remains government (Navy) property until title is specifically transferred or renounced. For example, Arizone was stricken from the registery in 1942 - but the USN still retains title to her.

    2. Re:Apollo retrieved parts from Surveyor probes by Anonymous Coward · · Score: 0

      The bigger question is, as I see, once he re-collected that item, was it him the "government agent" or the "individual" who took it? The way I see it (and I'm sure the way the govt. will argue in court) is that by re-possessing the item during a mission, he was doing so during his official job duties, and therefore the item was repossessed by him "the government agent". It was repossessed by him "the person" only at the moment that he took it with him outside of his official duty, at which time he was quite literally taking an item that had been in the government's possession.

  47. Re:...and this has to do with /. ... how? by Aeros · · Score: 1

    You do understand how lame the 'poop bag' argument sounds right? Im not going to respond to that part. First off this is a matter of doing the right thing. Most likely if he would have asked they would not have a problem with him taking it, provided that the weight of bringing the camera back on board didn't harm things as well. Remember back then they accounted for weight on everything. The main thing I am getting at is just ask first, don't just think you are entitle to grab stuff that belongs to someone else and assume ownership of it.

  48. this makes me wonder.. by wierd_w · · Score: 1

    Let us presume this little spat is taken as precident, and the government wins. Camera ends up in some vault at the smithsonian. Whatever.

    Let's assume spacex is a successful commerical enterprise and commercially funded moonshots start happening. By then the lunar modules and associated trappings will be 70 years old. However, the moon lacks atmosphere, and other than UV induced breakdown in plastics, most of the moon era "space trash" is still up there and in theoretically repairable\repurposable condition.

    Should a commerically funded startup lunar colony appropriate a multimillion dollar lunar rover, fit it with brand new RTGs, and commission it for use in the construction of said lunar colony, (or even just fit it with modern electronics and set it loose as an autonomous rover for private research) does this mean that spacex (or whatever private firm has made use of such space trash to cut costs) would be criminally liable for a grand theft indictment?

    1. Re:this makes me wonder.. by Rakishi · · Score: 1

      However, the moon lacks atmosphere, and other than UV induced breakdown in plastics, most of the moon era "space trash" is still up there and in theoretically repairable\repurposable condition.

      Vacuum apparently does unpleasant things to many materials. Lubricants boil off. Metal forms tin whiskers. Metal cold welds together. Plastic may break down as well I think. The rover will most likely look decent but internally be a worthless lump of material.

      Not to mention that they'd be castrated by their own supporters for ruining such priceless historical artifacts.

    2. Re:this makes me wonder.. by wierd_w · · Score: 1

      Wouldn't being employed to build the first lunar colony only INCREASE the historical significance of said artifact?

    3. Re:this makes me wonder.. by Lehk228 · · Score: 1

      the right way to do something like that would be to approach NASA and get the OK

      however it would make no sense as the rover was not designed as a construction vehicle and it's current condition and potential for salvage is unknown, an additional mission to evaluate it plus the cost of new parts for it plus the time cost of devoting so much time from missions evaluating it and doing needed repairs and modifications on the moon would be a badly losing proposition compared to hauling in a newly built craft for the purpose.

      --
      Snowden and Manning are heroes.
  49. Wasted Money by Anonymous Coward · · Score: 0

    Well NASA, maybe if you hadn't wasted so much of the tax payers money with lavish parties, you wouldn't feel the need to have a little old camera back.

  50. Re:...and this has to do with /. ... how? by Pope · · Score: 0

    It's a legal issue having nothing to do with technology, why is it cluttering up these august pages?

    Dude, it's, like, October already

    --
    It doesn't mean much now, it's built for the future.
  51. Buy it off him NASA by Anonymous Coward · · Score: 0

    For Fuc*s sake, the man walked on the moon for you. If he wants to sell it then buy it off him NASA.

  52. Re:Let the guy keep the camera. Jeeez... by pyrr · · Score: 2

    As stated in the article, astronauts had to receive explicit permission for what they were bringing back. That permission is apparently documented for all the other moonwalkers, who pulled-off pieces of their discarded suits as mementos, and also for small boxes of crap they were authorized to bring along (such as pennants and patches). Why should the rules that applied to all the others not apply to him, simply because he decided not to obey them?

    I'm also curious to know if such a request would've been honored. How many moonwalkers were permitted to keep more than just pieces of their suits, were others allowed to scavenge instrumentation or maybe the lunar rover's gearshift knob? Or were they pretty much limited to salvaging tiny mementos from their own personal equipment?

    Frankly, if he smuggled the camera back without permission, it's not his and he needs to give it back and ask for forgiveness. It was unprofessional and unethical and unfair to the others who risked their lives and didn't come back with extra souvenirs they could try to sell tens of thousands of dollars because they played by the rules.

  53. What A Waste of Our Money! by Vortran · · Score: 1

    How much are the people whose salaries our tax dollars pay costing us to spend their resource going after this guy for a 40-yr old camera? This is important enough that it has gotten to the top of someone's list of things to do? And we have to pay for it?

    Exactly who does this help and how?

    --
    Knowledge is like ignorance.. too much can be just as bad as not enough.
  54. Fuck NASA by Anonymous Coward · · Score: 0

    This worthless government bureaucracy needs to go away. Now.

  55. Just let him keep it by thesmokeyt · · Score: 1

    The guy is 80 years old. It probably doesn't have some secret film of aliens in it (anymore;). Just let the guy f***ing keep it. If he wants to sell it, let him. I mean this guy went to the moon, I would hope they get at least one souvenir, if not a few.

  56. Re:...and this has to do with /. ... how? by gstoddart · · Score: 1

    Unless, of course, he was presented the camera by NASA as a gift as he says he was.

    At which point any assertion that he's a thief or acting in bad faith becomes factually inaccurate and anybody saying it is talking about things they know nothing about.

    Now, do I have anything to suggest that he was or wasn't given this camera ... nope. Other than NASA having no record of it, do they have anything to back up their claims either? Nope.

    So, maybe before you start saying he's a thief (which makes you guilty of libel if untrue), you should wait until someone provides some actual evidence of this. At this point, it's purely "he said/they said".

    If he was given this by someone at NASA, then maybe NASA is acting like dicks and behaving unreasonably because someone didn't fill out some government form correctly.

    --
    Lost at C:>. Found at C.
  57. I'd say abandoned by Quila · · Score: 1

    If you read the article, the module was dropped to the moon to be destroyed on impact. In any sane world, such action relinquishes any claim.

    1. Re:I'd say abandoned by perpenso · · Score: 1

      If you read the article, the module was dropped to the moon to be destroyed on impact. In any sane world, such action relinquishes any claim.

      Perhaps NASA would describe the event as depositing the module on the moon for future materials study? :-)

      On a more serious note I believe that when the navy scuttles a ship it remains government property.

  58. Abandoned? by Anonymous Coward · · Score: 0

    Title to abandoned property (property that has been left by the owner with no intention to retrieve it) becomes that of the first person to claim it. The camera was abandoned on the moon, the astronaut was the first to claim it, it belongs to him. Simples.

  59. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 1

    Well lets see - he is on a space flight back from moon, and he wants to carry something back (without letting ground control know about it - unlike the other astronauts).

    Now if others started copying his behaviour (he is gonna make a lot of money on the camera since it was on the moon), missions could be compromised due to unexpected stuff( this time a camera, next time some other instrument) in the spacecraft.

  60. Can't let him keep the camera by Anonymous Coward · · Score: 0

    NASA has to retrieve the camera because it may contain proof that Stanley Kubrick faked the moon landings!

  61. It is not theft by Yakasha · · Score: 2
    I'm not sure what the government is charging him with (there may be special laws covering this), but if they are charging him with theft, he'll win, hands down.

    Theft is knowingly appropriating somebody else's property for your own use. However, abandoned property is not owned by anybody, and therefore cannot be stolen.

    The moon, by international treaty, is not owned by anybody, especially the United States. The camera was a part of the lunar module, which was intended (and did, though minus the camera), to be abandonded on the lunar surface (after falling down and being turned into a pile of twisted metal).
    IINAL

  62. Federal Statute of Limitations by TomRC · · Score: 1

    Not sure this is most up-to-date, but see http://www.fas.org/sgp/crs/misc/RL31253.pdf which seems to indicate a 5 year limitation for "theft".
    "Ordinarily, the statute of limitations begins to run as soon as the crime has been completed." This appears to apply to alleged theft.
    "The federal courts have long held that a statute of limitations may be enlarged retroactively as long as the previously applicable period of limitation has not expired." But this was not done in this case, so far as I have heard.

    So I don't know what the judge is referring to in saying there is no applicable federal statute of limitations.

    But someone in NASA should have looked at this proposed lawsuit and told the lawyer who wanted to bring charges that he's an ass to involve NASA's reputation in something so relatively trivial. If their goal is to get back at Mitchell for flouting their 'authoritae', they could have simply issued a press release stating that either the camera is not authentic, or Mitchell must have stolen it, as it was supposed to have been left on the LEM and they have no record of giving him permission to take it.

  63. Re:...and this has to do with /. ... how? by xeno314 · · Score: 1

    You could argue that the money NASA is blowing on lawyers to chase after one of the heroes of the Apollo program for selling a camera which was going to be thrown away anyway could be better spent developing new technology.

    As those of us in government well know, "that's another department's budget." It's extremely foolish and wasteful, but the money spent prosecuting this guy would have been spent on some equally foolish legal issue if not for this.

  64. Re:...and this has to do with /. ... how? by 0123456 · · Score: 1

    You do understand how lame the 'poop bag' argument sounds right? Im not going to respond to that part.

    What's the difference between an otherwise worthless camera and a poop bag? Both were paid for by US taxpayers, both were going to be dumped on the moon and I'm guessing that a ceritified Apollo astronaut lunar poop bag would probably sell for more than an old camera. Why do you refuse to talk about one but think the other is a BIG DEAL?

    Remember back then they accounted for weight on everything.

    No they didn't. As I said elsewhere, do you really think they weighed every moon rock they collected? Apollo had significant margins for the return flight because they didn't want a simple screwup to kill the crew.

    The main thing I am getting at is just ask first, don't just think you are entitle to grab stuff that belongs to someone else and assume ownership of it.

    Lots of people go dumpster-diving. This is the lunar equivalent. NASA hasn't given a crap about this camera for decades and now suddenly it's important enough to release the dogs of law?

  65. Next up, RFID pencil tracking... by couchslug · · Score: 1

    So no one takes 'em home from work.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  66. Maybe becuase he tried to sell it by erice · · Score: 2

    TFA mentions other souvenirs brought back by astronauts. They were not sued, which was attributed to them asking permission first. But did they try to sell their souvenirs? I think that is the critical difference. NASA doesn't have a problem with one of their Moon heroes owning a relic from his famous mission. They don't want a market in questionable NASA artifacts encouraging a black market in stolen artifacts.

    1. Re:Maybe becuase he tried to sell it by Anonymous Coward · · Score: 0

      what question are you talking about when you say "questionable"? I have no idea why so many posts think selling an object is somehow morally objectionable when having it at his house is not. For some reason selling something is bad. Is the "black market in NASA artifacts" so dangerous that it must be controlled at all costs - if it even exists?

    2. Re:Maybe becuase he tried to sell it by Anonymous Coward · · Score: 0

      Yeah, damn those people for trying to sell things they own. Don't they know that selling things is for your ruling companies, not for you worthless.... people.

  67. The reason for this is... by FlyingGuy · · Score: 1

    If The Government does not pursue this then a very tricky precedent will be set to whit:

    1. The camera was and is the property of the The Government, this is not in question.

    2. No agent of The Government can declare a property abandoned and therefor subject to salvage without first satisfying all aspects of applicable Unites Sates Code which regulates the disposal of Government property.

    3. The former Government Employee improperly removed Government property from the Governments possession.

    4. The former Government Employee has now attempted to sell at auction Government property that he has no authority to dispose of.

    With those facts in mind...

    If the Government allows this improper disposal of Government property to go forward then a precedent is set that would allow a challenge in Federal Court which essentially would be, "Hey you let HIM do it, why can't I do it?". thereby circumventing a reasonable chunk of United States Code.

    This is not personal, this is legal and the the decision made by U.S. District Court Judge Daniel Hurley was the correct decision. The Government is actually trying to be really nice about this and doing it in civil court rather then simply arresting him for violating USC Title 18 Section 641 and simply seizing the camera as evidence and prosecuting him.

    The best way to have settled this would have been to have his local Senator and Congressman to run a personal bill awarding him the property and then he could have done whatever he wanted with it.

    --
    Hey KID! Yeah you, get the fuck off my lawn!
  68. Re:Let the guy keep the camera. Jeeez... by NiteShaed · · Score: 3, Insightful

    There's probably something to be said though about the fairness of letting him profit while the astronauts who didn't bring things back to sell don't. Assuming he wasn't authorized to take it (he claims otherwise, but for the moment assume NASA is right), then it's kind of a slap in the face to all the others who played by the rules and didn't just grab whatever they could carry and bring it back as well. I'd kinda like to see what other astronauts have to say about this actually....

    --
    Some bring out the best in others, some the worst. Some bring out far more.
  69. Salvage? by pluther · · Score: 1
    The camera was supposed to be left on the moon?

    In other words, it was equipment abandoned outside of any national jurisdiction?

    Wouldn't it - and anything else he wanted to take - be his under international salvage laws, then?

    --
    If the masses can keep you down, you're not the Ubermensch.
    1. Re:Salvage? by Bucky24 · · Score: 1

      Correct me if I'm wrong, but wouldn't it be his under salvage laws only if he picked it up AFTER it was abandoned? From what I understand he took it BEFORE it was abandoned.

      --
      All the world's a CPU, and all the men and women merely AI agents
  70. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 0

    At least you admit it's not based in rationality. It's the youngest of Man's religions, that's for sure. Worshiping passengers that sat in fully automated tin cans is a cargo cult, at the very least. People think that by constantly recreating what happened during the peak of their civilization (energetically speaking), the good times shall return.

  71. Re:NASA values camera more than avoiding bad press by johnthorensen · · Score: 1

    I agree wholeheartedly with your assessment, but maybe I'm just too out-of-touch with the way NASA works. It seems like something like the issue you describe would be better handled internally instead of a very public lawsuit?

  72. It is a simple lesson by Anonymous Coward · · Score: 0

    Dot your damn "i"'s and cross your damn "t"'s. Don't expect that you can just do whatever you want and rely on the good will of others to let you get away with it.

  73. Give it to charity by jalancast · · Score: 1

    Seems like the solution is to donate the proceeds of the auction to Egar's favorite charity and move on. Too bad he didn't get documentation from his boss that allowed him to keep the camera legally. Bigger question: Why don't we hock some shit that NASA has lying around and use that to pay down the debt?

  74. They aren't bound by much anymore by Shivetya · · Score: 1

    They are also granted immunity to damages caused to items in their possession as part of a criminal case. A recent example was where agents were joyriding and wrecked a very expensive car in the process http://www.chicagotribune.com/news/local/chi-ap-mi-fbi-wreckedferrar,0,7734789.story

    Its not our government anymore, its theirs and we are going to have a hard time getting it back

    --
    * Winners compare their achievements to their goals, losers compare theirs to that of others.
  75. Re:...and this has to do with /. ... how? by Obfuscant · · Score: 1

    As I said elsewhere, do you really think they weighed every moon rock they collected?

    I can see the mistake now.

    "You guys weighed all those rocks before we took off, right"?

    "Yeah, well within allowance."

    "Well, you remembered that the gravitational field is less on the moon, so something that weighs 1 pound on the moon is actually a lot more massive than something that weighs 1 pound on the earth, right? And that propulsion systems deal with mass, not weight, right?"

    Sound of hatch opening and 80% of the rock payload being jetisoned.

  76. Re:Let the guy keep the camera. Jeeez... by geekmux · · Score: 1

    There's probably something to be said though about the fairness of letting him profit while the astronauts who didn't bring things back to sell don't. Assuming he wasn't authorized to take it (he claims otherwise, but for the moment assume NASA is right), then it's kind of a slap in the face to all the others who played by the rules and didn't just grab whatever they could carry and bring it back as well. I'd kinda like to see what other astronauts have to say about this actually....

    You bring a strong point, but I'd have to argue the point of "profit" for any man who's been fortunate enough to walk amongst the elite who have been to the moon, as many of them have done nothing but profit, capitalizing on that particular aspect of their careers ever since setting foot back on earth. Not saying that's wrong, just saying...

  77. who has the land rights to the moon? by Joe_Dragon · · Score: 1

    as some can clam they own the camera as it was planed to be left on there land.

  78. Jurisdiction by Anonymous Coward · · Score: 0

    The alleged theft occurred on the moon, does the US court have Jurisdiction in this case or should the suit be filed on the moon? Will they also seek a change of venue?

  79. but Lunar Embassy Corporation calms to own by Joe_Dragon · · Score: 1

    The moon so they may be the owner of the camera or at lest can try to make a court case out of it.

  80. Committed civil servant at work by SpaghettiPattern · · Score: 1

    Committed civil servant at work here. The matter is as old as Methuselah, the astronaut is of respectable age, he was the product of an extremely tight selection procedure and the item wasn't reported stolen back then.

    How many 16mm cameras does one government need nowadays?

    Let the man be! Sheesh!

    --

    I hadn't the slightest objection to his spending his time planning massacres for the bourgeoisie... (P.G. Wodehouse)
    1. Re:Committed civil servant at work by Yakasha · · Score: 1

      How many 16mm cameras does one government need nowadays?

      How many traffic corners does New York City have? http://tech.slashdot.org/story/11/08/24/226203/nyc-mayor-wants-traffic-camera-on-every-corner

  81. Re:Let the guy keep the camera. Jeeez... by Anonymous Coward · · Score: 0

    He's not trying to keep it, he's trying to sell it.

    And unless that ancient piece of hardware is going to command a new multi-billion dollar budget for NASA at auction, NASA should give a shit about this why?

    At auction, this thing probably won't even fetch enough to pay for a NASA toilet seat, but could bring significant benefit to the seller(and buyer for that matter), not to mention perhaps getting some good press out of it. Instead, NASA decided to take a shit on it and call out a national hero. Nice, real nice.

    NASA, you embarrassed a Nation today. Learn to leave well enough alone.

    If thier is LIFE on the MOON and thy came to EARTH and left with all thier so called garbage, would we not be happy. Why do we ( the explorers of outter space) leave our garbage on thier planet. Give this Hero his well earned Dignatee for what years he has left.

  82. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 0

    Everything that involves humans *in any way* is wrapped up in politics. It is how humans operate. And it sucks.

  83. Salvage 1 by Quila · · Score: 1

    So "Salvage 1" couldn't have happened?

    Am I the only one who remembers that show?

  84. Moon sues NASA to return rocks by bryan1945 · · Score: 1

    Astronaut and camera are optional. Swiss cheese would be appreciated.

    --
    Vote monkeys into Congress. They are cheaper and more trustworthy.
  85. Stricken leads to commercial handling? by perpenso · · Score: 1

    It may not be abandoned in a legal sense. For example it is my understanding that a naval vessel remains property of the navy until stricken from the navy's registry.

    Being stricken from the registry only means it's no longer being carried on the books as an active vessels. It remains government (Navy) property until title is specifically transferred or renounced. For example, Arizone was stricken from the registery in 1942 - but the USN still retains title to her.

    Thanks for the clarification. However I still wonder if being stricken is some sort of line between being treated as a warship and being treated as a commercial ship with respect to salvage. For example if a ship has been stricken and sinks while being delivered to a buyer who does not yet have title does commercial salvage law apply?

    Of course in situations like the Arizona the ship would still be protected as a war grave if not a warship.

    1. Re:Stricken leads to commercial handling? by DerekLyons · · Score: 1

      Thanks for the clarification. However I still wonder if being stricken is some sort of line between being treated as a warship and being treated as a commercial ship with respect to salvage. For example if a ship has been stricken and sinks while being delivered to a buyer who does not yet have title does commercial salvage law apply?

      It's possession of title that matters - because being struck from the register is a matter of internal Navy bookkeeping and tradition, irrelevant to salvage law. In the case of your example, that's something for the lawyers to sort out - real life salvors keep one on speed dial and don't touch a thing unless they have their ducks in a row.

  86. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 2, Informative

    >fully automated tin cans

    Apollo missions were NOT repeat NOT performed in automatic mode. Many many things (like navigation, trajectory, and trans-lunar/trans-earth/lunar landing course maneuvering) relied on manual optical equipment (celestial navigation), corect hand calculation on tiny calculators, and manual performance (punching the right buttons in the right sequence, manipulating control inputs like throttles and joysticks, correctly reacting to changing flight displays like altitude, rate of descent, artifical horizon, yaw status, computer readouts).

    You theoretically could have put an LM onto the moon in full auto mode, but nobody ever did (Lovell on Apollo 13 was going to try it but didn't have the chance). All Apollo landings were made with manual control over the automated flight attitude subroutines, as in "I'll point this thing, speed it up or slow it down, and decide where/how/when to land it" while auto mode kept it properly aligned in XYZ axes. Even with the automated flight and flight subroutines it was hard enough.

    So, even with what computerized flight and engine controls they had, those guys FLEW the Apollo missions. Like them or not, those folks weren't just pushing buttons and drinking Tang...

  87. Salvageable only if mission commercial? by perpenso · · Score: 1

    You'd think anything purposely designated to be left on the Moon is about as abandoned as property can get.

    And in internationally accepted practice, such as naval salvage, you're entitled to it.

    IANAL but I believe the law changes when the vessel is on a military or scientific mission for the government. For example there is currently a dispute over the salvage of gold from a Spanish galleon that sunk centuries ago. One of the points being argued is whether the ship was on a military or scientific mission (spain retains ownership) or a commercial mission (salvager attains ownership).

  88. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 0

    Space is about the only topic outside of friends and family that can still bring a tear to this grown man's eye.
     
    You've never seen Old Yeller, have you?

  89. Edgar quote by Anonymous Coward · · Score: 1

    "You develop an instant global consciousness, a people orientation, an intense dissastisfaction with the state of the world, and a compulsion to do something about it. From out there on the moon, international politics look so petty. You want to grab a politician by the scruff of the neck and drag him a quarter of a million miles out and say 'Look at that, you son of a bitch.'"

    - Edgar Mitchell

  90. Doesn't NASA have better things to do by slashdot_commentator · · Score: 1

    ...than piss away taxpayers money suing a NASA employee for a relic that won't even cover the cost of one DOJ prosecutor?

    NASA can make an example of the next astronaut when there's actually a manned program to produce a lawsuit.

    --
    There is no America. There is no democracy. There is only IBM and AT&T and DuPont, Dow, General Electric, and Exxon
  91. The Obvious Flaw... by The+Wild+Norseman · · Score: 1

    I'm thinking that instead of his practicing ESP up in the capsule, he should really have focused more on precognition.

    --
    "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
  92. See also ... by Radical+Moderate · · Score: 2

    ...Nazi plunder. Almost 60 years after the war ended, the original owners still have a right of recovery.

    What, too Godwin?

    --
    Never let a lack of data get in the way of a good rant.
  93. bully me by spermleader · · Score: 1

    I had an idea and developed it. The company patented it and now they are trying to sell it. I talked to them, said it was my idea, and more so, the exclusive fruit of my personal history. According to them there is nothing to discuss: they acted within legal bounds, as they were unwilling to bend the rules in any individual case, like mine.

    This is an analogy. The camera is like an idea, and the government produced it. Mitchell took it. He valued it. It would have slammed into the moon without him. He gave it historic value. Now the government says that this historic value isn't his.

    As a developer with ideas I find this ironic. When it's me, the government doesn't care. In the plot of things it is the voice that says it can take my labour and that I should shut the fuck up. Because it is the law, and only the law is allowed to speak.

  94. Why is the government wasting time on this? by flimflammer · · Score: 2

    It was a part that was created for the purpose of being destroyed. So he took it without asking his boss which seems to be the norm then. Is this a case of "If I can't have it no one can"? It's an old outdated relic that serves no useful purpose aside from being some sort of space flight museum piece.

    Let the guy keep/sell it. Jesus. Do we really need to waste money on a trial for this? NASA should be spending its money to further space projects, not going after people over an item destined for destruction they saved 40 years ago as a memento.

  95. Re:NASA values camera more than avoiding bad press by Anonymous Coward · · Score: 0
    Sure, but how are they different from airline pilots? We really idolized astronauts back then, fine. Just like athletes. OK. Great. The problem is when people start crying and romanticizing the past and glorifying things. Apollo was a COLD WAR *show*. It was not science, and it did not cause great leaps of technology. We *already* HAD the technology!

    No one ever stops to thank banks and insurance companies for buying computers in the 1950s and 1960s, but NASA buys a few IBM mainframes and suddenly going to the Moon is the reason we have computers today. You see what I mean?

  96. The Government was abandoning it by tkrotchko · · Score: 1

    The government abandoned the property, he should claim it as salvage.

    If that doesn't work, claim the camera was taken outside the jurisdiction of the U.S. or any worldly jurisdiction.

    NASA really wants that camera back. I wonder why?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
    1. Re:The Government was abandoning it by Anonymous Coward · · Score: 0

      Alas; he used government property to salvage it for personal financial gain. Barratry if nothing else.

    2. Re:The Government was abandoning it by Darth_brooks · · Score: 1

      "The government abandoned the property, he should claim it as salvage."

      Salvage wouldn't work. It's not like he loaded up a few days worth of oxygen in the back seat of his Plymouth and drove to the moon to go digging through the junk piles. Somebody had to provide him with the means of getting to and from, and that someone just so happened to be the Government.

      --
      There are some people that if they don't know, you can't tell 'em.
  97. Let it go by Anonymous Coward · · Score: 0

    Shouldn't they just let this go? These guys risked their lives going there, there were about 1,000,000 ways to die on the way,
    and on the Moon itself, can't the guy keep a camera as a keepsake, that was going to be left there anyway...

    Seems damned uncharitable to me.

  98. Call Apple by presspass · · Score: 1

    Instead of a camera, pretend this is an IPhone.

  99. Hostilities ended? by dbIII · · Score: 1

    Seems there's a bad moon on the rise.

  100. Calculations in jeopardy by Anonymous Coward · · Score: 0

    I would have thought including a few extra kilos of cargo would have put in jeopardy some of the calculations needed to get home safely.
    "Don't worry Buzz, we've got at least 5 more seconds of thrust available to rendezvous with Eagle 1."
    [splutter splutter splutter]
    "WTF!!"

  101. Why is the government wasting time with this? by Anonymous Coward · · Score: 0

    They are spending money and time prosecuting this old man for something he did 40 years ago that harmed nobody.

    Stop wasting our tax dollars on crap like this.

  102. There's a secret by Anonymous Coward · · Score: 0

    Has anybody considered that the NASA and the government don't really care about the camera itself, but the **contents** of the camera? That's right, there's a spool of undeveloped film in the camera housing that proves, once and for all, the indisputable fact that . . . * 98 sag s4t398 yq3505q806 ^%@&^#% 0- 956097 . . . . .

  103. Spoils my plan by Coisiche · · Score: 1

    When I was a kid my dad always said that if I wanted a camera there were plenty perfectly good ones left behind on the moon.

    Well, obviously there aren't as many as he thought.

  104. So why didn't Mitchell ask? by Anonymous Coward · · Score: 0

    It's not like he had much fear of being told "No" given the past events and your assertion that the weight wouldn't be a problem.

    Did everyone else on that trip ask to bring stuff back? If they didn't, then how much could be brought back without affecting the return trip and would the astronauts know that limit?

    If Apollo 13 had had an extra couple of kilos, would that have been a problem? And if this return trip had had a similar accident, would they be safe?

  105. He's not bein charged with theft by Anonymous Coward · · Score: 0

    He's being sued to return stolen property.

    You have no right to stolen property, therefore no right to sell it and the actual owners get it back.

    This guy doesn't want to give up his stolen property.

    He's not being charged with theft, that was too long ago.

  106. Theft by jprupp · · Score: 1

    Doesn't the fact that the theft occurred outside of US territory. I'm sorry, I'll correct: Doesn't the fact that the theft occurred outside the planet messes up all the jurisdiction thing?

  107. Re: by taiwanjohn · · Score: 1

    Good point about the litigation cost. Gotta wonder how much money will be used up by this rather pointless lawsuit... not to mention all the bad press for NASA, looking like pricks for picking on an 80yo man. Yeah, Mitchell is a bit "woo-woo" weird, and he really shouldn't have taken that camera, etc., etc... big deal. Just issue a press release condemning the auction and be done with it. Get on with the real business of exploring space.

    --
    XML is like violence. If it doesn't solve your problem, you're not using enough of it. --AC
  108. Re: by robsku · · Score: 1

    Mod parents up.

    --
    In capitalist USA corporations control the government.