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Legislators: 'Spaceport America Could Become a Ghost Town'

RocketAcademy writes "A group of New Mexico legislators is warning that the $200-million Spaceport America 'could become a ghost town, with tumbleweeds crossing the runways' if trial lawyers succeed in blocking critical liability legislation. The warning came in a letter to the Albuquerque Journal [subscription or free trial may be required]. Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico is unable to provide liability protection for manufacturers and part suppliers, similar to legislation already passed by Texas, Colorado, Florida, and Virginia. The proposed legislation is also similar to liability protection which New Mexico offers to the ski industry. An eclectic group of business and civic interests has formed the Save Our Spaceport Coalition to support passage of the liability reform legislation, which is being fought by the New Mexico Trial Lawyers Association."

143 comments

  1. Suspicous by Anonymous Coward · · Score: 1

    Isn't it terribly convenient that, on the cusp of commercial spaceflight really taking a step forward a commercial spaceflight centre is threatened by legal action.

    1. Re:Suspicous by alen · · Score: 1

      so who is responsible if the rocket crashes into someone's home?

    2. Re:Suspicous by Lisias · · Score: 3, Insightful

      A crashing rocket can fall over the entire America, not only New Mexico.

      I'm sure I'm far from 100% right, but as far as I know, rockets commonly explodes on lauchpad, or are emergency destroyed a few kilometers high, when the debris fall out over a relatively small (and manageable) area.

      There're exceptions, as the two Space Shuttle accidents. But IMHO, people living near an prosaic airport are far more endangered than the guys at New Mexico.

      However, crashing rockets are not the only problem a spaceport (and its neighborhood) can suffer.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    3. Re:Suspicous by Anonymous Coward · · Score: 1

      who's responsible when a plane crashes into someone's home?

      also, it just so happens that the space port is in a very rural part of the state and the south east portion of new mexico is part of the white sands missile test range

    4. Re:Suspicous by SomePgmr · · Score: 1

      I imagine that falls on the insurance of the operating company.

      It sounds like this is about liability for travelers to space. As the article quotes Sen. Smith, âoeWhen you buy a ski ticket, you waive your right to sue the ski operator if certain rules are properly followedâ¦. When you buy a ticket to go to space, you willingly assume all of the risk.â

    5. Re:Suspicous by Thud457 · · Score: 3, Interesting

      so who is responsible if the rocket crashes into someone's home?

      Konstantin Tsiolkovsky.

      Why can't these spaceports just be required to carry some amount of insurance? You know, let the free market do its work. If people value shooting rockets into space more than not having an occasional house squashed by a failed rocket, we'll have rockets.

      "Rocket corp is a real person(tm), just like you. Except that you can be sued into poverty if you happen to drop a rocket on somebody's house."

      --

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

    6. Re:Suspicous by MysteriousPreacher · · Score: 2

      so who is responsible if the rocket crashes into someone's home?

      It seems to be more about liability for accidents affecting passengers. Reading the article and various ones linked from it, I didn't see any mention of general immunity for any kind of accident. They compare it to the waivers given for bungee jumping and similar. To use that comparison, I assume that a bungee jump operator could be sued if they sent a customer crashing in to somebody's house.

      --
      -- Using the preview button since 2005
    7. Re:Suspicous by sycodon · · Score: 3, Funny

      As soon as they can fire the first rocket, they need to gather ALL the members of the New Mexico Trial Lawyers Association and load them up and shoot them into orbit...forever or until they burn up in the atmosphere.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    8. Re:Suspicous by davester666 · · Score: 1

      The homeowner. They should've seen it coming and gotten out of the way.

      --
      Sleep your way to a whiter smile...date a dentist!
    9. Re:Suspicous by the+gnat · · Score: 3, Informative

      There're exceptions, as the two Space Shuttle accidents

      The 1996 crash in Xichang, China was almost certainly far more deadly - the rocket almost immediately crashed into a nearby heavily populated area. It's not actually clear how many people died, since the government of course has a monopoly on information.

    10. Re:Suspicous by ZonkerWilliam · · Score: 1

      As soon as they can fire the first rocket, they need to gather ALL the members of the New Mexico Trial Lawyers Association and load them up and shoot them into orbit...forever or until they burn up in the atmosphere.

      I would make that for ALL lawyers.

    11. Re:Suspicous by garyebickford · · Score: 5, Interesting

      Because, without the legislation being offered, the potential liability is essentially unlimited, and forever. The general aviation industry was plagued and almost destroyed by excessive liability. This was partially fixed by a law in the late 1990s (IIRC) removing the 'long tail' liability.

      As an example from when I was living in CA back in the 1980s, a pilot forgot to put gas in his 35 year old Cessna, took off and crashed into a house about a mile from the airport. The homeowner was killed (along with the pilot). In addition to the pilot's estate, the homeowner's estate sued the manufacturer of every part in the airplane for negligence. One company, a builder of starters or generators (I forget which) spent $2 million in 1980s money in legal fees, proving that their generator was not even on the plane! That company then ceased building any parts for airplanes, as their gross sales for those parts was only a few $million per year and insurance costs would have been higher than the manufacturing cost.

      Not much later Cessna ceased building general aviation planes (except for the Citation jets), and said that they would start again once the liability laws were fixed.

      The 'long tail' law basically put a cap of (IIRC) 20 years on defective part liability for manufacturers. The basic idea is that if a part has lasted 20 years, it's probably not defective in any rational sense. Once this law passed, I think Cessna did in fact resume low levels of production.

      Rockets are going to be considered 'fun rides for elite snobs with too much money' even more than airplanes. So, bottom line - without some legislation, in the event of a crash, a falling part, or a loud noise as it flies over, the trial lawyers would be able to sue the Spaceport and Virgin Galactic and everyone who ever mentioned the word 'rocket', on behalf of every individual in the state, whether or not they had even heard or seen anything or even knew something was flying that day. There are already federal and state laws (for the states that do a lot of space activities) limiting liability for commercial space launches. This legislation would do the same for New Mexico. Without it, NM will not ever be a space-business state.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    12. Re:Suspicous by jacknifetoaswan · · Score: 1

      I echo this sentiment. I've been to WSMR (White Sands Missile Range) for work, and it's deserted (no pun intended). There's nothing of consequence for like 50 miles!

    13. Re:Suspicous by xxdelxx · · Score: 1

      But you have to start somewhere. The New Mexico Trial Lawyers Association seems to be as good a start point as any. Ideally we need some objective metrics so that we can gauge the quality of life improvements for humans when various lawyer sub-species are reduced. Note I don't support extinction - leaving some around as an object lesson for future generations is, I think, required. The real question is - can we then jettison that portion of politicians which aren't (failed or otherwise) lawyers?

    14. Re:Suspicous by spasm · · Score: 1

      Gravity. In fact, given the number of injuries and deaths caused by gravity every year, it's long past time we sued it out of existence.

    15. Re:Suspicous by ZonkerWilliam · · Score: 1

      The real question is - can we then jettison that portion of politicians which aren't (failed or otherwise) lawyers?

      Depends on if they actually have been useful in their position, with a qualifier that if they are a career politician that's an automatic jettison.

    16. Re:Suspicous by RocketAcademy · · Score: 1

      It seems to be more about liability for accidents affecting passengers.

      That's exactly the case, except that they're called "spaceflight participants," not "passengers." To regulators, these terms have very specific meanings.

    17. Re:Suspicous by avandesande · · Score: 1

      I know this was meant to be humorous but this state is a lot less litigious than most.

      --
      love is just extroverted narcissism
    18. Re:Suspicous by Anonymous Coward · · Score: 0

      They also lacked a proper destruct and safety system, when it went grossly off course they had no ability to destroy it.

    19. Re:Suspicous by Anonymous Coward · · Score: 1

      and Corporations never cut corners that a government run organization would?

      What's your point? The argument is about indemnification requirement..

    20. Re:Suspicous by Anonymous Coward · · Score: 0

      The Chinese value data over human life, or so I hear from a company that builds buildings that are over 20 stories in a few weeks.

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

      Lawyers have destroyed most things in aviation. Almost everything related to aviation costs twice as much because of liability issues. And because of general ignorance of aviation and the litigious nature of American culture, they continue to destroy aviation. The world would literally be a better, safer, cheaper place, if the majority of US lawyers were instantly struck dead. The reason why light aviation's peak was the 1970's? Lawyers. Rarely do they touch anything without destroying it. And as a society, we all pay the cost incurred by greed and stupidity created by lawyers.

    22. Re:Suspicous by Anonymous Coward · · Score: 1

      nearby heavily populated area

      The whole point of building a spaceport in the New Mexico desert is that there aren't a whole lot of those, as compared to the Xichang incident.

    23. Re:Suspicous by Anonymous Coward · · Score: 1

      This shows exactly what is wrong in the U.S: It was possible to sue part manufacturers, even though it was clearly the pilot's fault for not fueling his plane. In europe, they wouldn't even consider a court case against part manufacturers, without proof that a failing part did in fact cause the accident. The courts would simply reject the whole thing.

    24. Re:Suspicous by bill_mcgonigle · · Score: 1

      the homeowner's estate sued the manufacturer of every part in the airplane for negligence

      See, there's the problem. If we did not have a monopoly on dispute resolution, nobody would *ever* contract with a court that allowed such complaints to proceed. It's destructive to the populous but perpetuates the system, so it survives.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    25. Re:Suspicous by Anonymous Coward · · Score: 0

      Are you 'suspicious' because you're trying to imply some kind of evil conspiracy? Don't be dumb. This is a new technology venture, and everyone wants their cut, including the lawyers. We go through the same fights at my office when we roll out a new product.

    26. Re:Suspicous by Lisias · · Score: 1

      the lack of a self destruct mechanism could be considered negligence, hardening the punitive damages.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
  2. Engineering affects lives by Anonymous Coward · · Score: 0

    Of course you should be liable if a poorly designed rocket crashes into your home, explodes and kills you.

  3. Let's compromise by ThatsNotPudding · · Score: 3, Funny

    Complete the port and then shoot the trial lawyers into space.

    1. Re:Let's compromise by Anonymous Coward · · Score: 0

      And if it blows up, they will sue over it,

    2. Re:Let's compromise by Anonymous Coward · · Score: 0

      Better make sure they exceed escape velocity.
      We don't want them back.

    3. Re:Let's compromise by TX_Sparky · · Score: 1

      With no space suits, in an unpressurized cabin.....

  4. Yep there goes our civilization by Whatsmynickname · · Score: 5, Insightful

    And this folks is precisely why we never get anything done anymore... Between the lawyers / politicians / managers who "just want to get along", we will just sit here and spin our wheels until our society falls apart.

    1. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      Unless you have an MBA, law degree, or working in Washington DC as a political, you are shit. Society rewards those that either game the system or work for those that do.

      There will be an American "French Revolution" come soon. You can bet your ass on that!

    2. Re:Yep there goes our civilization by TubeSteak · · Score: 4, Insightful

      Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico is unable to provide liability protection for manufacturers and part suppliers, similar to legislation already passed by Texas, Colorado, Florida, and Virginia.

      Allow me to translate:
      Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico is unable to provide liability subsidies for manufacturers and part suppliers, similar to subsidies already passed by Texas, Colorado, Florida, and Virginia.

      Virgin is asking to be protected from paying insurance on the full cost of the risk it is creating.
      I'm not saying I'm against it, just that we should call this "protection" what it is: socializing the risks and privatizing the profits.

      --
      [Fuck Beta]
      o0t!
    3. Re:Yep there goes our civilization by frosty_tsm · · Score: 1

      If it was purely a monetary subsidy, why would the trial lawyers be fighting it (since they could get paid either way)?

    4. Re:Yep there goes our civilization by Lashat · · Score: 1

      They don't get paid if they don't have any gray area to litigate with. IANAL and only read the linked article, but that indicates the fuss is over protecting the manufacturing, parts, and supply chain as well as the operator of the space flight.

      If a contract is made with the operator to launch a satellite there must be a defined responsibile party if the rocket blows up destroying the payload and perhaps raining death and destruction onto the ground.

      Failing parts or operational failures are not "acts of God" and someone should will have to pay. I am guessing they should refer to how the BP oil spill liability shook out in the end. Good and Bad.

      --
      For every benefit you receive a tax is levied. - Ralph Waldo Emerson
    5. Re:Yep there goes our civilization by geekoid · · Score: 1

      Thousands of government projects a year get done successfully is now 'never get anything done anymore.'

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    6. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      *Until* it falls apart?

    7. Re:Yep there goes our civilization by TubeSteak · · Score: 1

      If it was purely a monetary subsidy, why would the trial lawyers be fighting it (since they could get paid either way)?

      Subsidies do not have to be direct cash transfers.
      Tax breaks, liability indemnification, accelerated depreciation, loan guarantees, tariffs, regulatory exemptions, etc etc etc

      In this case, the trial lawyers want to sue as many people as possible if a passenger dies,
      and Virgin is saying that there needs to be legal immunity for all the companies involved in manufacturing and launching.

      If States in the USA weren't engaged in a regulatory race to the bottom, Virgin would probably be forced to indemnify its contractors.
      Instead, I'm guessing New Mexico will pass laws granting immunity to everyone involved, which is a subsidy, no doubt about it.

      But this may be what's required to get private space travel off the ground, much like the custom regulatory regime created for the nascent nuclear industry.

      --
      [Fuck Beta]
      o0t!
    8. Re:Yep there goes our civilization by Solandri · · Score: 2

      Virgin is asking to be protected from paying insurance on the full cost of the risk it is creating.

      Read TFA:

      Smith said the protections being proposed in the new legislation are similar to those which New Mexico offers to the ski industry. âoeWhen you buy a ski ticket, you waive your right to sue the ski operator if certain rules are properly followedâ¦. When you buy a ticket to go to space, you willingly assume all of the risk.â

      It's not a subsidy. It's a simple disclaimer that space launches are known to be risky, and the buyer of the ticket assumes all the risk and cannot sue in the event of death or injury (presumably as long as Virgin Galactic follows certain safety rules established by the government).

      If skiing or being launched into space were required parts of life, then I'd agree you don't want to limit the legal liability. But they're optional leisure activities. If someone wants to take high risks in their optional activities, then more power to them. Just don't try to pin the blame on someone else if something goes wrong. Virgin isn't creating the risk. The people wanting to do the activity are. Virgin is simply providing them a means to conduct the activity.

    9. Re:Yep there goes our civilization by stenvar · · Score: 1

      Your translation is erroneous. There are no "subsidies", not even in the form of assumption of risk or exemption from liability.

      Instead, our liability laws are so out of whack that even if you are a billionaire, knowingly engage in risky behavior, pay for the privilege, acknowledge this in writing, and absolve everybody from liability, you can then turn around and still sue everybody even if they did exactly what they promised they would do.

      Who is responsible for this? People like you, people who can't turn off their ideological blinders for a moment to take a rational look at what's going on around them. Ironically, it's often the same people who complain about the consequences of their ill-chosen policies (in this case, lots of stupid lawsuits).

    10. Re:Yep there goes our civilization by garyebickford · · Score: 5, Informative

      As a physics professor once said, "Your thesis is not even wrong" - it's nonsense. Sorry, but you need to do some research. Because of the egregious nature of the present tort system, the liability is essentially unlimited, and would require insurance premiums many times larger than the total cost of the product.

      Under present NM law, if a rocket causes a sonic boom then everyone in the state could sue Virgin, the Spaceport and every business that provides parts or fuel or services to them - whether they heard the boom or not! Settling at, say $100,000 per person times the 2 million people in NM is $200 billion - well outside the range of insurable amounts. Another example - "the exhaust of these infernal rockets caused my asthma to act up" - even though I live 200 miles away and upwind.

      The above is not a joke - similarly ridiculous suits have been successful, and in fact such suits destroyed the US general aviation industry, where insurance premiums exceeded actual manufacturing costs, and were anticipated to exceed the actual sale price of parts. A similar legislative fix finally saved a small portion of the GA industry, after 90% of the makers had gone out of business or left the industry.

      The whole rise of 'kit' airplanes was a response - if an airplane was over 50% manufactured by the hobbyist, all the liability rested with him/her. This meant that a kit manufacturer was mostly home free on liability, and the cost of the plane would be between 1/4 and 1/2 what a manufactured plane would cost.

      (Recognize that at present, between up to 2/3 of your total medical bills are purely going to liability insurance, and that is a very predictable product liability-wise. A heart surgeon pays between 1/3 and 1/2 their gross income as insurance. Then there is the built-in cost of insurance on every facility, every part, every sterile package, etc.)

      At present, my understanding is that every state with any significant space-related industry has some form of limitation on liability to force some sense into the system and prevent novel new interpretations of the law from biting the industry. If NM wants to become a space-related state, it will have to do the same.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    11. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      But "the full cost of the risk" here is caused by government too.
      Because it's not about risk of actual harm; it's about risk of lawsuits.
      I'm no Libertarian, but this company is asking for an exemption to an artifical cost imposed by bad government.

    12. Re:Yep there goes our civilization by BlackSabbath · · Score: 1
    13. Re:Yep there goes our civilization by clarkkent09 · · Score: 1

      USA badly needs some depussification if it is going to compete with China and other emerging economies in the long run. You have to take some risks every once in a while but you can't do that if there is a pack of lawyers watching like hawks and waiting for your slightest mistake to sue you out of business. Our extreme obsession with safety will lead to our destruction.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    14. Re:Yep there goes our civilization by ljw1004 · · Score: 1

      Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico is unable to provide liability subsidies for manufacturers and part suppliers, similar to subsidies already passed by Texas, Colorado, Florida, and Virginia.

      Virgin is asking to be protected from paying insurance on the full cost of the risk it is creating.
      I'm not saying I'm against it, just that we should call this "protection" what it is: socializing the risks and privatizing the profits.

      Your phrase "risk it is creating" is incorrect. The cost here is an artificial cost invented by regulatory framework. It arises from the inability in this area to form contracts of the form "if we follow the following procedures them you agree not to sue us." The risk is real, but legislation has artificially inflated it, and they're asking legislation to ease off so the risk has its true free-market cost.

    15. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      (Recognize that at present, between up to 2/3 of your total medical bills are purely going to liability insurance, and that is a very predictable product liability-wise. A heart surgeon pays between 1/3 and 1/2 their gross income as insurance. Then there is the built-in cost of insurance on every facility, every part, every sterile package, etc.)

      Do you have a source for any of your claims? No company publishes their rates, and the best I can find are purely anecdotal accounts (and even those are from as long ago as 2005).

      I'd appreciate if you have any actual evidence behind your assertions, because otherwise you are coming off just as "not even wrong".

    16. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      so give the state 5% of profits and it can hold that back as a fund and if it exceeds a 100% of what one accident could cost it can then use that as revenue.
      PROBLEM solved.

    17. Re:Yep there goes our civilization by bill_mcgonigle · · Score: 1

      Under present NM law, if a rocket causes a sonic boom then everyone in the state could sue Virgin

      I'll assume here that NM doesn't have a specific sonic-boom tort, and that what's really being asked for here is a special carve-out for spaceflight in a general-purpose batshit-insane legal system.

      And people wonder why businesses are 'all' going overseas. How about fixing the general case, not giving special perks to those with lobbyists?

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
    18. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      Thousands of government projects a year get done successfully is now 'never get anything done anymore.'

      Yeah, WTF were private companies even thinking, trying to muscle-in on areas that should be run entirely by government!?

      We see what a mess private air transportation is, with rape-scanners, junk-groping, etc.

      This is why both spaceflight and air travel should be built and operated only by government! Same with energy production and media/news/internet/TV/radio. It's too important to leave to private interests! Only government can guarantee fairness!

    19. Re:Yep there goes our civilization by garyebickford · · Score: 1

      How about fixing the general case, not giving special perks to those with lobbyists?

      While I agree with this sentiment in general, I'm not sure it applies strongly here. Private commercial space development is a new industry, and as such many things having to do with the legal structure are poorly defined or not defined at all. One of the areas that must be filled in is how to handle liability related to activities on the way to space, and in space (outside the gravity well of Earth, let's say for the purposes of argument). Some of this is certainly covered by existing US law and regulations regarding commercial satellite launches, etc. But just as the rise of the Internet has required a substantial body of new law to cover things not previously anticipated, space development is going to require a similar effort.

      As one example, there is presently no legal basis for private ownership of objects such as asteroids. There is a treaty (The Outer Space Treaty of 1967, IIRC - see Wikipedia) that no governments (that are signatories of the treaty) can assert sovereign rights. This theoretically would prevent a repeat of the European colonial process 'put a flag on it and you own it, at least until somebody bigger comes along' for nations. But depending on interpretation, this may or may not have anything to say about a private entity.

      At present most everyone concerned appears to be trying to work within the existing body of international and national laws, treaties and precedent, making analogies from, for instance, the historical maritime traditions. Those analogies will eventually be embodied in new law by new precedent and/or legislation.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    20. Re:Yep there goes our civilization by Jane+Q.+Public · · Score: 2

      "Just don't try to pin the blame on someone else if something goes wrong. Virgin isn't creating the risk. The people wanting to do the activity are. Virgin is simply providing them a means to conduct the activity."

      Absolute BS. Virgin *IS* clearly creating the risk, as the risk would not -- could not -- exist if they weren't pursuing their goals, which will I remind you is a unique commercial venture.

      Why should ski areas (lift manufacturers, etc.) be absolved of liability in the case of, say, negligence? Why should any commercial enterprise be "protected" from the people who use its service?

      It's just money shuffling, from the have-nots to the haves.

      Don't misunderstand me! I am all for Virgin Galactic and such enterprises. But call a spade a spade and let businesses who create risks be liable for the risks. Sure... going into space is a risky venture. That is a given today. But nobody should be immune from a liability suit if they accidentally drop a paperclip into a console full of electrical connections. (I know of someone who was a victim of exactly that kind of negligence, only it was a more-standard airplane.)

      Let the money reflect the reality of doing business, rather than allowing government to "protect" those businesses from their own customers. If they can't stay afloat while absorbing the real costs of their venture, they deserve to go under. That's called "free-market capitalism".

    21. Re:Yep there goes our civilization by Jane+Q.+Public · · Score: 1

      "Some of this is certainly covered by existing US law and regulations..."

      I don't see it as being all that much of a gray area. Sure, there are risks, and the customer (passenger) must assume some risks due to, say, unknown or unknowable circumstances.

      But liability? For things such as negligence for example? It doesn't need "protection". We already have perfectly good laws that cover it and no commercial venture should be immune. Let them cover the actual costs of doing business, or go out of business.

    22. Re:Yep there goes our civilization by Anonymous Coward · · Score: 0

      Under present NM law, if a rocket causes a sonic boom then everyone in the state could sue Virgin, the Spaceport and every business that provides parts or fuel or services to them - whether they heard the boom or not!

      And if you or I caused a sonic boom we would be sued into oblivion too for all the broken windows and heart attacks we had caused. So why is a company entitled to an exemption?

    23. Re:Yep there goes our civilization by russotto · · Score: 1

      Allow me to translate:
      Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico is unable to provide liability subsidies for manufacturers and part suppliers, similar to subsidies already passed by Texas, Colorado, Florida, and Virginia.

      Allow me to present a slightly different spin:

      Virgin Galactic has signed a lease to become the spaceport's anchor tenant, but may pull out if New Mexico retains its unreasonable liability laws for manufacturers and parts suppliers, such laws already having been ameliorated in Texas, Colarado, Florida, and Virginia.

      If this country can't get any big things done privately because the liability laws result in finite risk at unlimited potential cost (and thus an infinitely negative expected ROI), there's a problem with the liability laws. I don't think we should be patching it piecemeal like this, but I think the chance of actual reform is less than zero (that is, any comprehensive reform would make things worse).

  5. It sounds like more by mark_reh · · Score: 1, Insightful

    corporate welfare to me, the cost of which is borne by the tax payers.

    If the business can't generate enough cash flow to pay the liability insurance bill, maybe the business shouldn't exist.

    1. Re:It sounds like more by NigelTheFrog · · Score: 3, Informative

      If the business can't generate enough cash flow to pay the liability insurance bill, maybe the business shouldn't exist.

      But if they can just go a couple of states over and not have to pay, they'd be crazy to stay.

    2. Re:It sounds like more by blackraven14250 · · Score: 0

      So kill NASA, because they shouldn't be immune either. /sarcasm

    3. Re:It sounds like more by TheCarp · · Score: 2

      I tend to agree. Moreover... I would say there are two concerns that i have here, neither of which lead me to think "An exception is in order".

      1. Perhaps, as you say, they should be able to pay for liability or go out of business. This assumes there is nothing wrong with the law thats stupidly making this impossible.

      or...

      2. They mention laws for ski slopes. Which beggs the question... why so ski slopes need it? The article says:

      âoeWhen you buy a ski ticket, you waive your right to sue the ski operator if certain rules are properly followedâ¦. When you buy a ticket to go to space, you willingly assume all of the risk.â

      This doctrine sounds entirely reasonable. As long as the operaters are doing everything reasonable to make things safe, its silly to hold them liable for issues that were not within their control or not known to be issues. Clearly this shouldn't indemnify them for ignoring issues, or cutting corners, but....

      Why do we need special laws to make special cases to legislate the fact that some activities (many really) have inherent risks that are not reasonably within anyones control? It seems like, if they need legislation for this, they have already fucked up.

      --
      "I opened my eyes, and everything went dark again"
    4. Re:It sounds like more by Anonymous Coward · · Score: 0

      That's a good libertarian attitude. The next step is obviously to cut tax rates to make up for the reduction in government funded R&D.

    5. Re:It sounds like more by mark_reh · · Score: 1

      California has been playing this game for so long their public schools have turned to crap because there's no tax money to pay for them. Every time a state cuts a corporate welfare deal or tax break someone else gets screwed, usually kids and/or the poor.

    6. Re:It sounds like more by garyebickford · · Score: 1

      When anyone in the state can say "I smelled the rocket exhaust, and now my asthma is bothering me, and I had to go to the hospital" even though they live 200 miles away and upwind of the facility, and Virgin has to settle for $100,000 to avoid even higher legal costs, it's not a question of corporate welfare. It's a question of infusing some sanity into the legal system.

      Without the legislation, the cost of liability insurance might well be several times the retail price of the product.

      Liability reform of this sort in other states and at the federal level has been essential to the US space industry. This will just bring NM into that arena. Without it, NM will not have a spaceport; they will have a fancy parking lot in the middle of nowhere.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    7. Re:It sounds like more by garyebickford · · Score: 1

      California is also the state where a burglar climbed up to the roof of a two-story building, broke through a skylight, climbed down a rope, burgled the building (IIRC it was the LA School District Education Department or some such), and fell as he was climbing back up the rope, breaking his back. He successfully sued the District for (IIRC) $2 million for not making the skylight burglar proof. (This happened when I lived in Newport Beach in the early 1980s.)

      Establishing the ground rules for what is reasonably considered grounds for and limits of liability for a new industry in the state such as space launches is not corporate welfare, it is an essential part of the state (NM) becoming a member of the community of states that support the industry. Without it, anyone who can conceive of some inane or insane grounds for asserting harm as a result of a space launch could bankrupt the company, and perhaps the insurer. It has happened in other industries. Proper ground rules mean that if a _real_ harm occurs, then something approximating a reasonable and fair payment can be determined.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    8. Re:It sounds like more by garyebickford · · Score: 1

      It's not just the passengers - it's also the guy who sues for $1 million claiming that the rocket exhaust caused his asthma to flare up, necessitating a hospital stay and the loss of his job - even though he lives 200 miles upwind from the spaceport and the rocket launched the day after his asthma problem occurred. Virgin settles for $100,000 to avoid going to court and having an idiot jury award $1 million. Now multiply that times 2 million people in New Mexico.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    9. Re:It sounds like more by RocketAcademy · · Score: 1

      It's not just the passengers - it's also the guy who sues for $1 million claiming that the rocket exhaust caused his asthma to flare up,

      No, it's not. This law does not affect third-party liability, which is already covered by FAA regulations and insurance requirements.

    10. Re:It sounds like more by garyebickford · · Score: 1

      I stand corrected to some extent however civil suits regarding various aspects of flight still occur with regularity in both federal and state courts, and space flight is new so there are inevitably new aspects. If NM does not have some rules on this as well, the industry could still have state-level liability problems for external effects of the flights or failures thereof. If there is a way, some lawyer is going to find it. A vehicle working for NASA is in a quite different situation from a vehicle working for private entities. I would not be surprised if the very question of a private passenger space flight being somehow different from either an aviation flight or a federally-funded or freight-only space flight were to be litigated by some opportunistic lawyer.

      I should say that when one needs a liability attorney, a good one can be a blessing! I'm involved in a case now regarding an injury received last year, and the lawyer is doing a great job! :)

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  6. Oh Darn - by na1led · · Score: 1

    No more trips to Alpha Centauri!

    --
    -- By all means let's be open-minded, but not so open-minded that our brains drop out.
  7. How to become a millionaire in private space by Anonymous Coward · · Score: 0
    Start as a billionaire. As much as I think "private space" is a joke and a stunt for rich people and will never be the Star Trek utopia sci-fi nerds think it will be, I think lawyers are a hundred times worse.

    Let private space fail on its own, it doesn't need "help" from bottom-feeding sociopathic scum.

  8. If rockets worked, this wouldn't be a problem by Animats · · Score: 5, Interesting

    After more than half a century of big rockets, they still crash far too often. About 5%-10% of satellite launches still fail. Chemically powered rockets have to be weight-reduced to the point that they're inherently unreliable.

    Boeing doesn't have legislation protecting them if one of their airliners crashes onto somebody's house. They carry private insurance for that. If affordable insurance isn't available from the private sector, the technology isn't safe enough for use by private parties.

    The previous administration in New Mexico was involved in some major boondoggles. There's this spaceport, which is way overbuilt. There's the reposessed supercomputer. More recently, there was that bogus empty test city in the desert project. New Mexico keeps trying to monetize all that desert, but it's not working.

    1. Re:If rockets worked, this wouldn't be a problem by PhxBlue · · Score: 1

      After more than half a century of big rockets, they still crash far too often.

      Do you have a citation to back up your claim? United Launch Alliance has a pretty good record, from what I recall. Who else launches rockets, and what are their failure rates?

      --
      !#@%*)anks for hanging up the phone, dear.
    2. Re:If rockets worked, this wouldn't be a problem by 0123456 · · Score: 1

      After more than half a century of big rockets, they still crash far too often. About 5%-10% of satellite launches still fail.

      Uh, no. A typical failure rate for a well-established launcher is 2%.

      And many of those failures are 'well, we can't get to orbit any more so we might as well crash and burn' types that wouldn't apply to a manned launcher which can shut the engine down and fly back. Current unmanned satellite launchers aren't designed to bring the satellite back if something goes badly wrong, because the costs would outweigh the benefits.

    3. Re:If rockets worked, this wouldn't be a problem by Anonymous Coward · · Score: 0

      United Launch Alliance has a pretty good record

      Asking for citations for someone's assertion and providing none for your own assertion = FAIL.

    4. Re:If rockets worked, this wouldn't be a problem by Maximum+Prophet · · Score: 1

      Your right, but...

      Getting insurance for you satellite that's being launched on a well tested, commercial rocket it easy, just pay for it. If 5% are expected to fail, expect to pay a bit more than 5% of the value of the satellite. For 100% of the cost, you have a 5% chance of losing everything, for 105 + N% of the cost, you have a 0% chance of losing everything.

      If you are the first to use a given launch system, the insurance company is going to set N to a large value. If the rocket has people on it, the insurance company can't use a fixed number for the value of the payload. People + 1st launch = extremely expensive insurance.

      This is where a new law can step in and set the value of the payload. It might be 0. (the sucks to be you law). It might be 1x yearly earnings, thus you and I could get insurance for the launch, but Bill Gates couldn't.

      --
      All ideas^H^H^H^H^Hprocesses in this post are Patent Pending. (as well as the process of patenting all postings)
    5. Re:If rockets worked, this wouldn't be a problem by climb_no_fear · · Score: 4, Informative

      This paper suggests between 0.2 and 3% for a well established rocket (i.e., the end of the learning curve).

      http://onlinelibrary.wiley.com/doi/10.1002/9780470714461.app11/pdf

    6. Re:If rockets worked, this wouldn't be a problem by 0123456 · · Score: 1

      My post was supposed to say 'less than 2%', but Slashdot ate the less than sign.

    7. Re:If rockets worked, this wouldn't be a problem by PhxBlue · · Score: 2

      Fair enough. Out of 56 launches, ULA has had one partial failure, in 2007: the upper stage of an Atlas V rocket cut out early, so the NRO satellite didn't reach its proper orbit. That equates to a failure rate of less than 2 percent, so either someone's launching a lot of duds or the OP pulled the 5- to 10-percent figure out of his ass.

      --
      !#@%*)anks for hanging up the phone, dear.
    8. Re:If rockets worked, this wouldn't be a problem by Solandri · · Score: 2

      Boeing doesn't have legislation protecting them if one of their airliners crashes onto somebody's house. They carry private insurance for that. If affordable insurance isn't available from the private sector, the technology isn't safe enough for use by private parties.

      The problem is that the liability for human fatalities scales based on rarity and how spectacular an accident is. You'd think a human life is a human life, so the liability for any death would be the same regardless of cause. But a mundane death is worth less from a legal liability standpoint than a spectacular death (especially if it's widely televised). A death caused by a car accident is worth less than a death caused by an airliner accident, and both will certainly be minuscule compared to a death caused by a space launch accident.

      The accountants in the insurance industry are appraising the economic risk correctly. It's just that the economic risk of legal liability scales based on a nonsensical, emotional parameter.

    9. Re:If rockets worked, this wouldn't be a problem by jacknifetoaswan · · Score: 2

      And for that launch, the NRO considered the results to be a success, as they were able to work with the final orbits of the two satellites.

    10. Re:If rockets worked, this wouldn't be a problem by RocketAcademy · · Score: 1

      If affordable insurance isn't available from the private sector, the technology isn't safe enough for use by private parties.

      "Private parties" are not allowed to decide for themselves what is and isn't safe enough?

      Riding stables are protected by equine liability laws. So, I guess horses would be banned in your version of the nanny state? Or limited to the United States Cavalry?

    11. Re:If rockets worked, this wouldn't be a problem by Quila · · Score: 2

      There is a lot of legal liability limitation for airlines and airplane manufacturers, both in the US and internationally by treaty.

    12. Re:If rockets worked, this wouldn't be a problem by RocketAcademy · · Score: 1

      Boeing doesn't have legislation protecting them if one of their airliners crashes onto somebody's house.

      So do rocket companies. You don't understand the difference between third-party liability and first/second-party.

      There's a difference between sitting your house and having an airliner crash on it and going out to a spaceport and buying a ticket. One of those involves assumed risk. The other doesn't.

  9. Correction by PhxBlue · · Score: 2

    And this folks is precisely why we never get anything done anymore...

    No, this is why New Mexico apparently isn't serious about having a spaceport. I know Colorado already has a robust space industry and would probably welcome the opportunity to host a spaceport if New Mexico doesn't want to do it.

    --
    !#@%*)anks for hanging up the phone, dear.
    1. Re:Correction by jacknifetoaswan · · Score: 1

      Colorado is too far north to take advantage of the low latitude that gives rockets a greater velocity. You wouldn't want to launch from that far north, unless you had no other option.

    2. Re:Correction by PhxBlue · · Score: 1

      Should be fine for polar orbital launches, though, right? A lot of satellites could take advantage of that, particularly reconnaissance satellites, weather satellites and GPS (whose satellites aren't polar, though most of them follow a non-equitorial orbit).

      --
      !#@%*)anks for hanging up the phone, dear.
    3. Re:Correction by jacknifetoaswan · · Score: 1

      Yes, but satellites with polar orbits are still typically launched from lower latitudes and then use a transfer orbit to reach their intended final orbit. I could do the math and find out the required Delta-V for the various types of launches, but my son has a doctor's appointment soon...

  10. You wanna fuck up something? by Vinegar+Joe · · Score: 1

    Get the lawyers involved.

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
    1. Re:You wanna fuck up something? by Anonymous Coward · · Score: 0

      It'll get even better when the excess law school graduates who can't find jobs decide to form a union. With unionized lawyers, there's no telling how far we can fail.

  11. Let me get this straight... by wierd_w · · Score: 5, Interesting

    There's a special interest group --for lawyers-- to pressure lawmakers to make laws --for the benefit of lawyers-- to maintain an intractible wall of legal liabilities, so said lawyers will never run out of people to sue?

    And we are taking it.... seriously?

    For real?

    Coming from an industry that makes flagrant use of offset liabilities and liability law loopholes (the legal profession), this seems to be not only pathologically stupid and self destructive, but also blatantly hipocritical.

    Seriously, an association for trial lawyers?

    1. Re:Let me get this straight... by wierd_w · · Score: 2

      [Clarification: I am not a lawyer, nor do I play one on TV. The above statement refers to the solidarity shown by said interest group in stonewalling the liability reform.]

    2. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      "And we are taking it.... seriously?"

      "We" - not so much, but for the most part legislators have been taking such corporate-serving legislation very seriously for decades already. That we better do take seriously, if we don't want even more laws along the lines of "corporations are persons without the personal responsibility".

    3. Re:Let me get this straight... by Princeofcups · · Score: 1

      Seriously, an association for trial lawyers?

      How about the bulk of major elected officials, you know, senators, congressmen, etc. Last I checked the majority were lawyers, who go back into law when their terms are over.

      --
      The only thing worse than a Democrat is a Republican.
    4. Re:Let me get this straight... by Anonymous Coward · · Score: 0

      There's a special interest group --for lawyers-- to pressure lawmakers to make laws --for the benefit of lawyers-- to maintain an intractible wall of legal liabilities, so said lawyers will never run out of people to sue? ... Coming from an industry that makes flagrant use of offset liabilities and liability law loopholes (the legal profession), this seems to be not only pathologically stupid and self destructive, but also blatantly hipocritical.

      Seriously, an association for trial lawyers?

      Right, kill the lawyers! Let the companies do whatever they want! If Virgin kills too many people we can just stop flying into space with them.

    5. Re:Let me get this straight... by bill_mcgonigle · · Score: 1

      Right, kill the lawyers! Let the companies do whatever they want! If Virgin kills too many people we can just stop flying into space with them.

      Virgin has many businesses. If they start killing people with their rockets, besides paying for their liability they're going to lose the business of people in all their endeavors. That's the fortune of thousands of people on the line, and they're not going to allow a few shady operators to ruin that for them.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  12. Perhaps just USA civilization? by fantomas · · Score: 1

    "And this folks is precisely why we never get anything done anymore."

    I think this is mostly a USA-specific curse, so the business will just go elsewhere. You do seem to be rather plagued by lawyers, and citizens ready to sue for millions/quadra-tetra-billions at the first whiff of a split hot coffee or cracked paving slab that might cause them emotional damage.

    So I think it will just be to the detriment of the USA and not necessarily anywhere else. Though to be fair we do seem to be having more of this kind of legal madness occurring in Europe these days as well, so perhaps space will be Asian based in the future?

  13. What responsibility are they trying to evade? by Anonymous Coward · · Score: 0

    This leaves out the only critical information of interest- what kind of litigation for what cause are they trying to be exempt from?

    1. Re:What responsibility are they trying to evade? by wierd_w · · Score: 1

      Given the examples cited in the article, it sounds like personal injury.

      Eg, "by boarding this rocket, you acknowledge that rockets are inherently dangerous, and are taking your life into your own hands. Even perfectly built and maintained rockets sometimes blow up on the pad, or roast spacefarers alive inside the capsule. We are not responsible for your safety beyond what is within our limited capacity to provide, and you accept this by riding."

    2. Re:What responsibility are they trying to evade? by Anonymous Coward · · Score: 0

      Even perfectly built and maintained rockets sometimes blow up on the pad

      No, they don't. Not if they are prefectly maintained. But of course that cuts into profits, so companies will always skimp as much as possible on maintenance to save money. Granting them liability protection means they can cut this back even more.

      Try this:

      "by using this electric blanket, you acknowledge that blankets are inherently dangerous, and are taking your life into your own hands."

      Sounds nonsensical, doesn't it?

  14. liability protection by geekoid · · Score: 2

    is bullshit.
    Your shit blows up and damages something, then you are liable.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:liability protection by wierd_w · · Score: 2

      From what I am reading, that isn't what they are asking for.

      They are asking for this protection:

      "If we perform every possible safety contingency available with our launch activities, and an accident occurs anyway, such as a cabin fire, or the like, we want mitigated liability via the use of passenger wavers."

      Not "we want to shoot big bottle rockets, and not be liable for where they come down."

      One is sensible. The other is not.

    2. Re:liability protection by TubeSteak · · Score: 1

      Virgin already has immunity.
      They want a law extending that immunity to their suppliers and manufacturers.

      This wasn't an issue until several other states passed laws immunizing everyone.

      --
      [Fuck Beta]
      o0t!
    3. Re:liability protection by RocketAcademy · · Score: 1

      Virgin already has immunity. They want a law extending that immunity to their suppliers and manufacturers.

      Except that Virgin recently acquired The Spaceship Company. So, they are now the manufacturer as well.

  15. Re:Why not? by Anonymous Coward · · Score: 0

    What's the big deal as long as I have my ObamaPhone?

    Another loony right winger whining who seems to actually believe the silly things that is said by reactionary blowhards such as Rush Limbaugh. It was George Bush who extended an depression era 'free phone' program for the poor to include cell phones.

  16. Not the last time. by Anonymous Coward · · Score: 0

    It wouldn't be the first time lawyers have caused a little bit of trouble.

  17. Re:Why not? by Anonymous Coward · · Score: 0

    Excuse me genius, is "right winger" supposed to be some kind of insult?

    Do you understand that most conservatives do not think of George Bush being much of a conservative at all? Do you? Do you understand that most conservatives do not listen to Rush?

    Do you actually have an argument you wish to make or are you content just to lash out with non sequiturs and call names? Pretty pathetic if you ask me.

  18. Speaking as said bottom feeding lawyer...... by doubledown00 · · Score: 1

    .....we grant airplanes or automobile makers the same kind of liability. So why should this industry be granted the same? The examples used in the open letter, skiing, skydiving, and bungee jumping, are considered "extreme sports". They are activities with a certain degree of personal risk. Space travel should not be in the same category. What we are seeing here is an industry in its infancy. As such the pioneers are looking down the road and trying to head off substantive regulation. Right now many may consider space travel "risky" and in the class of extreme sports. I'm sure manned flight was viewed similarly in its early days. However it is no longer that today. Today air travel is generally safe and efficient. I don't see any reason why space travel could not be the same in 20 - 30 years. But if limited liability is granted now, it will be that much harder to retract years later. Also, this talk of regulation is moot anyway. It is only a matter of time before the Feds get involved and pre-empt all state regs.

    1. Re:Speaking as said bottom feeding lawyer...... by doubledown00 · · Score: 1

      That is, we *don't* grant that kind of liability. Ugh.

    2. Re:Speaking as said bottom feeding lawyer...... by stenvar · · Score: 1

      But if limited liability is granted now, it will be that much harder to retract years later.

      Granted? Are you serious? "Limited liability" isn't something that should have to be "granted". If I want to off myself in a spectacular way and pay for it, that is frankly none of your or the legislature's business. These kinds of liabilities should never have been created in the first place, except for circumstances where people inexperienced people mistakenly assume excessive risk.

      And given the kind of knee-jerk way in which legislation gets passed, who are you kidding about this "it will be harder to retract later"? Liability will be imposed the first time some likable person dies in a rocket launch.

      If space companies aren't exempted from this kind of liability, they are going to go to states or nations where the liability laws are still a bit saner than here.

    3. Re:Speaking as said bottom feeding lawyer...... by RocketAcademy · · Score: 1

      .....we grant airplanes or automobile makers the same kind of liability. So why should this industry be granted the same? The examples used in the open letter, skiing, skydiving, and bungee jumping, are considered "extreme sports". They are activities with a certain degree of personal risk. Space travel should not be in the same category. .

      Roughly 1% of all human beings who've gone into space have died in the attempt. That is more extreme than skiing, skydiving, or bungee jumping -- or even professional rodeo.

      Both the FAA and the United States Congress have declared that spaceflight is an "intrinsically dangerous activity."

      Also, this talk of regulation is moot anyway. It is only a matter of time before the Feds get involved and pre-empt all state regs.

      They are already are involved. That's why the FAA Office of Commercial Space Transportation exists. However, it isn't clear that liability for a spaceflight that begins and ends in New Mexico falls under the Interstate Commerce Clause.

    4. Re:Speaking as said bottom feeding lawyer...... by PhxBlue · · Score: 1

      However, it isn't clear that liability for a spaceflight that begins and ends in New Mexico falls under the Interstate Commerce Clause.

      Any launch from New Mexico is going to fly over other states, if not other countries, on its way to orbit. So yes, the interstate commerce clause could certainly apply if a New Mexico-launched rocket explodes and rains debris over Texas and Louisiana.

      --
      !#@%*)anks for hanging up the phone, dear.
    5. Re:Speaking as said bottom feeding lawyer...... by doubledown00 · · Score: 1

      Granted? Are you serious? "Limited liability" isn't something that should have to be "granted".

      You're welcome to your opinion, but nobody gives a shit whether you think it *should* have to be granted or not. Your personal belief does not change what is.



      If I want to off myself in a spectacular way and pay for it, that is frankly none of your or the legislature's business.

      Typical slashdotter, can't see two feet beyond your face. What if you *didn't* want to off yourself in the first place? What if the suppliers were negligent and caused a crash yet it had been represented to the passengers that everything was fine? If limited liability like this passes, that is precisely what could (I would argue will) happen.

      No one is saying these individuals should not be allowed to take their lives in their hands if they wish. And no one is saying that the passengers can't contract with the suppliers to waive liability. But it is not the policy of the individual U.S. states to allow suppliers to carte blanche escape liability merely because they are upstream vendors.

    6. Re:Speaking as said bottom feeding lawyer...... by doubledown00 · · Score: 1

      They are already are involved. That's why the FAA Office of Commercial Space Transportation exists. However, it isn't clear that liability for a spaceflight that begins and ends in New Mexico falls under the Interstate Commerce Clause.

      Isn't clear to whom exactly? It sounds like just to you. The aviation Feds have jurisdiction over airspace, period. It matters not if you start and end from the same airport. The minute the landing gear leave the ground, you're Federal jurisdiction. Doesn't matter if you're in an airplane at 10,000 feet or hovering in a hot air balloon 30 feet over your house. I see no reason why these same rules would cease to apply to an aircraft destined for space and back.

    7. Re:Speaking as said bottom feeding lawyer...... by RocketAcademy · · Score: 1

      Any launch from New Mexico is going to fly over other states, if not other countries, on its way to orbit. So yes, the interstate commerce clause could certainly apply if a New Mexico-launched rocket explodes and rains debris over Texas and Louisiana.

      No, they will not overfly other states, and they aren't going to orbit. And again, you're confusing second- and third-party liability. Please do some research.

    8. Re:Speaking as said bottom feeding lawyer...... by user32.ExitWindowsEx · · Score: 1

      What if you *didn't* want to off yourself in the first place? What if the suppliers were negligent and caused a crash yet it had been represented to the passengers that everything was fine? If limited liability like this passes, that is precisely what could (I would argue will) happen.

      Exactly. Shit happens. If I get blown up I'm *DEAD*. If I want my heirs to have money after I die then I'll take out appropriate life insurance, not ask them to try to extract it from companies.

      If fraud or fraudulent activity happens in the supply chain then that should be treated as a *CRIME*, which is an issue for the state, not a name-on-side-of-city-bus law firm (motto: "You've got injuries...we've got boat payments.")

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    9. Re:Speaking as said bottom feeding lawyer...... by stenvar · · Score: 1

      But it is not the policy of the individual U.S. states to allow suppliers to carte blanche escape liability merely because they are upstream vendors.

      The legislation is not about a "carte blance escape from liability". It is about extremely knowledgeable and rich clients and companies that provide an extremely expensive and risky service to have the option to make certain kinds of contracts, and it still doesn't exempt companies from liability for gross negligence. Furthermore, other states already have this exemption, as do numerous other kinds of activities. You probably agreed to such conditions for something you did yourself.

      Typical Slashdotter indeed: you didn't bother to RTFA and jump to conclusions.

  19. Re:Why not? by sunking2 · · Score: 3, Informative

    I believe it was actually Reagan who implemented the phone subsidy program. What everyone should really be upset about is why it took a Mexican company to figure out that they could make money by offering a cell phone and plan cheap enough that you could afford the whole thing with the subsidy.

  20. Re:You wanna kill someone ? by Anonymous Coward · · Score: 0

    Get Richard Branson involved

  21. I think this says all we need to know... by Anonymous Coward · · Score: 0

    " being fought by the New Mexico Trial Lawyers Association."

  22. Re:Why not? by Anonymous Coward · · Score: 0, Insightful

    Amazing, a conservative Republican renouncing someone after he's no longer useful, we haven't heard this before. IIR the vote for Prsident Bush fell along party lines, with conservatives voting him in. You voted him in, you nominated him, he's yours. The "liberals" got Al Gore, Kerry, Kennedy and Obama each with their own issues. You don't just get to say he's not ours because it's inconvenient to your belief system. Most conservatives don't listen to Rush? Right...and Fox News isn't the #1 conservative news source. I'm fairly certain most non-partisan people don't consider descriptive words as insults, though it's possible that it can be construed as that. We have a predetermined right and left wing of our political spectrum, so calling someone right winger or left winger isn't generally a major insult. Sarcastic use of the word genius, would however be ironically insulting.

    His point, since it seems to alude you, is that being a reactionary, hyperbolic windbag by using a known false statement that is used as a talking point has no place in this discussion as it is irrelevant to the point at hand. The discussion was about Spaceports and regulation, not about whether or not the government was providing federal benefits to poor people so they could have a reasonable chance at getting gainful employment.

    I'm tired of partisan bickering getting in the way of real issues, isn't about time we had some adult populace in the room that didn't sneer and start choosing what was best for their side as soon as an issue is found. Sometimes being an adult means you're wrong or you have to take responsibility even if it's not your fault or your problem. It's amazing that when the President and John Boehner worked so hard to get something together that typical partisan garbage can unwind what the entire country wants. If you're not part of the solution you're part of the problem. Let's roll up our sleeves and get to work fixing what we know is broken. It's up to us to do it, even if that means we end up getting dirty and doing things we don't like or that go against our normal political motivations.

  23. Reminds me of ..... by prasadsurve · · Score: 1

    This quote from Lord of War.
    "You know who's going to inherit the world? Arms dealers. Because everyone else is too busy killing each other."

    It should instead be:
    You know who's going to inherit the world? Lawyers. Because everyone else is too busy suing each other.

  24. Re:Why not? by Anonymous Coward · · Score: 0

    At what point is 'being or not a conservative' germane to a discussion of who is really 'responsible' for what you(?) call an Obamaphone? However, since you bring it up, at what point did you decide that he wasn't really a conservative? I spent years complaining that his (and the rest of the GOP actions) proved that he wasn't a real fiscal conservative, but never saw any traction on it. Seems to me that throughout his presidency he was considered plenty conservative by most who claim that word as a personal description (really, it's more of a brand name these days), can you show me any self described conservative that made that claim before 2008?

    Also, your point about 'calling names' would stand out better if you didn't (I assume sarcastically) call me a 'genius' and yes 'right winger' is an insult ('loony' is an unneeded adjective).

  25. Re:Why not? by publiclurker · · Score: 1

    It's not calling names, it's pointing out facts. Of course, you wouldn't man up to the truth any more than a skinhead would admit to being a bigoted waste of skin.

  26. Rocket are not reliable enough by Anonymous Coward · · Score: 0

    For an industry which is mature enough that it does not expldoe or come back crashing down on you about 5% of the time, you can reduce the logn tail reliability. But an industry like rocket ? Forget it.

  27. I'm alarmed by all the lawyer sniping by GodfatherofSoul · · Score: 2

    If one of these rockets comes crashing down on your head, you sure as hell aren't going to want the launcher to have special protections. And, if the shit comes down, a trial lawyer is going to be your only weapon against the megacorporations financing these launches.

    --
    I swear to God...I swear to God! That is NOT how you treat your human!
  28. Canaveral? by nurbles · · Score: 1

    My old boss was always telling me "not to re-invent the wheel" when I was designing and writing my software...

    There's a fully functional, well established spaceport about 20 miles from where I live in east central Florida. It seems to be largely unused these days and it has a huge safety range already established as well (i.e. the Atlantic Ocean.) Perhaps those folk should consider moving their operations here instead of building their own.

    If they choose to stay there, I wish them better luck than we had lobbying to save Spaceport.Florida.

    1. Re:Canaveral? by conradp · · Score: 1

      I saw a great talk on PBS by Burt Rutan where someone from Florida asked him that very question. Sadly I can't find it on YouTube. He said he could never operate out of a government-run spaceport because the red tape and bureaucracy would never let him get anything done. He has tried it before at Vandenburg in California and he finds it cheaper to build a brand new private spaceport from scratch than to try to operate at a government-run facility.

      --
      "To be absolutely certain about something, one must know everything or nothing about it." -- Olin Miller
  29. But this is BS: by gr8_phk · · Score: 1

    When you buy a ski ticket, you waive your right to sue the ski operator if certain rules are properly followed. When you buy a ticket to go to space, you willingly assume all of the risk.

    They're not talking about protection for people on the ground. They're saying the people onboard are taking all the risk and directly comparing it to skiing. We're at the point where ski equipment is probably quite reliable and in addition a skier can and should inspect their own equipment and be blamed for any liability. None of that is true for the space industry - the passengers are not in control, could not make a reasonable inspection of anything, and the field is so new there may certainly be negligence on the part of the manufacturer. Watch the videos from Space Ship One, see where Burt Rutan tells his guys to go down to the junkyard and see what kind of parts they can find - 'cause the automotive guys have some good stuff. While I'm certain they're doing a higher quality job on the commercial vehicles, I think it would be unfair to shield them from liability to the extent of the ski-equipment industry.

    1. Re:But this is BS: by garyebickford · · Score: 3, Informative

      Serves me right for not RTFA. :) However I think your argument VSV the ski industry is backwards. The limitation of expectations there were first developed when skiing was much less predictable and the equipment was much less reliable - much like the private space industry now in a sense (though I suspect everything WRT space is so challenging that the reliability of individual parts is usually much better than ski parts.)

      And I would agree with Burt Rutan on the auto parts. Auto manufacturers have to make stuff that handles just about everything that a space craft would throw at it except for the greater extremes of temperature and pressure, and make it last for 100,000+ miles. That stuff has gotten pretty d_mn reliable, and robust against heat, cold, vibration, dust, electrical weirdness, etc. But those parts are an order of magnitude cheaper than similar items on an airplane that are actually less reliable and less advanced, due to the cost of getting FAA and FCC approval, said cost being amortized over only a few thousand units. My case in point - without going into detail, in the early 1980s you could buy a $50 CB radio that was better in all ways than a $2500 airplane radio. The difference had a lot to do with the fact that if you changed the value of a single resistor in the airplane radio it could cost $1 million (in 1980 dollars) to get through both FCC and FAA approvals again. That cost was amortized over maybe 2000 units = $500 per unit.

      In fact, that's an argument for allowing the space folks to bypass some types of FAA approval (they are also subject to NASA approvals), to allow faster development and improvement, and allow the market to establish the necessary level of reliability. None of these companies - Space-X, Virgin Galactic, Blue Origin, etc. - have any interest in failures due to poor quality parts, workmanship, design or engineering at this point. I'm not 100% convinced of this argument, but it's one worth making.

      --
      It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
    2. Re:But this is BS: by Anonymous Coward · · Score: 0

      It's a plane, so the FAA is going to want/need all maintenance, etc. to follow the normal A&P processes, etc., especially to certify it for commercial flight. SpaceShip 1 was the equivalent of a development mule cobbled together as proof of concept, but with an eye towards developing a FAA-certified commercial air vehicle.

      If you look at Jalopnik, AutoBlog, etc., you'll see pictures etc of new road mules. Not production-worthy, but very useful for engineering the car, disguise what work is being done, etc.

  30. good by Anonymous Coward · · Score: 0

    so we send up 100 flights a uber rich people and 2 will goo poof
    thats less jerks in the world
    we should make it mandatory for them so one day they get whats coming....to them

  31. Re:Why not? by GodInHell · · Score: 1

    Yes, calling you a right winger is an insult. He didn't say "conservative" he used the pejorative "winger." Having read your post, you don't have a lot of room to cry over insults, winger.

  32. Re:Why not? by slippyblade · · Score: 1

    You mean your Reagan phone? Oh - sorry. I guess the fact that it's a 30yr old program and it's actually cheaper for the program to provide cell phones than traditional land lines shouldn't make any difference...

  33. Re:Why not? by flyneye · · Score: 1

    Don't forget what a bitchin' Drag race track this would make.

    --
    *Repent!Quit Your Job!Slack Off!The World Ends Tomorrow and You May Die!
  34. I 100% support Spaceport America in this by jonwil · · Score: 1

    As someone who is 100% behind the idea of commercial space activities and hopes one-day to be able to go into space (or on a sub-orbital flight) myself, I am 100% behind the idea of giving manufacturers and parts suppliers protection from liability if the operators of the space flight do everything in their power to make it safe and something goes wrong anyway.

  35. Socialize costs, privatize profits by manaway · · Score: 1

    Standard business behavior. Make the public pay for liability, but don't give the public the profits. Keep all profits for the investors, who supposedly deserve it for... no one knows why. Then use some of those profits to pay accountants to stash the cash in some foreign country and avoid taxes which might somehow benefit the people. Because those people paying for liability insurance don't deserve anything but grief for helping rich people fly into space. Makes good sense for a few, but not for the many.

  36. In the US? by Tailhook · · Score: 1

    Spaceport America is a government boondoggle that will die in court. The governor of NM is trying and failing to secure private investors, most of whom know better than to sacrifice their capital to this lawsuit magnet.

    If and when something like this gets built it will happen in Mexico. Virgin or whomever will pay off the local kleptocrats, put some Blackwater guys on the perimeter and fly their paying customers in with a Sikorsky. The Romper Room States of America will not be involved.

    Unless the Air Force picks it up for a song as a maintenance depot, or something, nothing will ever fly out of "Spaceport America."

    --
    Maw! Fire up the karma burner!
  37. Re:Why not? by Gilmoure · · Score: 1

    Yeah, but it's paid for by the phone companies, using fees they collect for it. How is that right? Companies shouldn't be shackled by conservative mandated rules and forced to give up their god given profits. Didn't Jesus say Render from Caesar all that you can, to lord it over the peasants in the fields?

    --
    I drank what? -- Socrates
  38. Simple solution, offshore it. by couchslug · · Score: 1

    US companies can build the same tech overseas, for example in Brazil, and locate their spaceport there too. Spaceport gets built either way.

    --
    "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
  39. Not really by Anonymous Coward · · Score: 0

    The issue is that Martinez has purposely been gutting these projects. The supercomputers are hard to sell when you purposely yank the sales people. Likewise, Pegasus Global Holdings pulled out of CITE because Martinez did not live up to what she was supposed to. She wanted the state to pay for a number of items such as utilities, while her partners had the land that they were going to sell to Pegasus. Problem is, that Martinez's parners got greedy.

    Basically, Martinez is the exact opposite of Richardson. She is as corrupt as they come.