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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."

63 of 395 comments (clear)

  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 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.

    2. 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.

    3. 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!

  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 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
    3. 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
    4. 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.
    5. 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.

    6. 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.
    7. 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
    8. 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.

    9. 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.
    10. 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.

    11. 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!

    12. 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?

    13. 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.
    14. 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.
    15. 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?
    16. 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.

    17. 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
  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 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)
    2. 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. "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.
  5. 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 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?

    3. 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...

    4. 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.
    5. 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!
  6. 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.

  7. 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.

  8. 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?
  9. 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.

  10. 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 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
  11. 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?"
  12. 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 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.

    2. 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)
    3. 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.

  13. 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 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.
  14. 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."
  15. 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)
  16. 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 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.

    2. 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.
  17. 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)
  18. 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
  19. 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.
  20. 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?

  21. 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.

  22. 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

  23. 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.

  24. 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.
  25. 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...

  26. 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.
  27. 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.