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BINA48 Mock Trial: Judge's Decision

Professor Gene Natale

Page 5 of 5

In August 2006, Dr. Rothblatt again visits the topic when she refers to “early beginnings of more direct immortality technology such as cloning and mind-uploading into computers.[1] She again maintains that “analysis be made of similarities between the bona fides (authenticity) of the robot’s plea and that of a similar human.”[2]

Black’s Law dictionary defines an entity as a “real being”; meaning something in existence. The definition goes on to define “entity” as an organization or “being”, that posses separate existence for tax purposes.

Certainly, if the Alabama Department of Revenue were to commence suit to collect taxes from BINA48, her defense of lack of standing because she is merely property would be unfounded. The Alabama Revenue Code, Title 40, Sec. 40-1-1 defines person as:

“ . . any individual, association, estate, trust, partnership, corporation, or any other entity of any kind.”

Webster’s dictionary defines “entity” as a “real substance-a ‘thing’ that exists”.

By analogy, as an “entity”, if BINA48 could be made a party to a Revenue suit, she can be made a party to other lawsuits as well.

This court has considered all of the arguments of counsel and has considered our society’s current state of technology, and from that this court cannot conclude, at this time, whether or not BINA48 is in fact a “conscious being”, or whether or not she is even “competent” to assist in her own defense.

I will therefore appoint three experts in the field of artificial intelligence to examine her to determine whether, in their opinion, BINA48 is in fact a “conscious entity”, and if so, whether she is “competent”. They will make their report to the court, and a hearing on those matters will be held. Counsel for both sides may employ their own experts to examine BINA48. Expert reports shall be exchanged prior to the hearing.

If, after a hearing, this court determines either that BINA48 is not a “conscious being”,
or that she is not competent to render effective assistance to counsel, then the case will be dismissed and the plaintiff will be relegated to whatever alternate remedies he deems advisable.

If however, this court determines that BINA48 is in fact both a “conscious entity”, and “competent”, then this court will find that the court does have both personal and quasi-in rem [3] jurisdiction, and she will be required to defend this case. She will be afforded the opportunity to interpose any counterclaims, and, as a third-party plaintiff, to implead any third parties as a third-party defendant.

For purposes of this action, BINA48will be deemed a “quasi-person”, not a real person, but sufficiently similar in relevant ways for jurisdictional purposes.

Artificial “persons” have always been created and devised by human laws for the purposes of society and government.

BINA48’s actions in assisting Fairfax in the Everquest game in Alabama, and in allegedly directing the transfer of the funds while part of the software system in Alabama, subjects her to the Alabama jurisdiction. In fact, having made use of the internet to accumulate valuable points from players throughout the country, and possibly the world, she could be subject to the jurisdiction in each and every venue where those other players resided.

In its jurisprudential wisdom, this court will resolve the issues before it, where possible, so as to afford the parties full and complete justice, and so as to avoid a multitude of lawsuits which would undoubtedly follow from a determination denying standing.

It is so ordered.

Gene Natale, Judge
(Circuit Ct., Alabama-Moot Court Session)
December 10, 2006

Footnote

1. Macro-Bushido: A Geoethical Consciousness for an Info-Cultural Age, Journal of Personal Cyberconsciousness, Vol. 1, Issue 3, p. 5, Aug. 2006 www.TerasemJournals.org.

2. Id.at 7.

3. Quasi-in rem - a legal term referring to a legal action based on property rights of a person absent from the jurisdiction. Of note, in a quasi in rem case the court may lack personal jurisdiction over the defendant, but it has jurisdiction over the defendant's property.
http://en.wikipedia.org/wiki/Quasi_in_rem August 3, 2007 2:26PM EST

Bio

biopic Professor Gene Natale, J.D.
B.A. St. John’s University; J.D., New York Law School.

Gene’s passion includes the study of historical issues, legal and political. He was an Associate Editor of his Law Review, and participant in an appellate advocacy program. While in law school he was a student intern, assisting indigent clients in civil cases. He also served as a Summer Assistant U.S. Attorney, investigating and prosecuting co-conspirators in complex multi-million dollar governmental fraud schemes. Upon graduation he was appointed an Assistant District Attorney, serving in the Grand Jury Bureau, Investigations Bureau, and Narcotics Bureau. While at the D.A.’s office he was also appointed Examining Attorney for the Department of Investigations, responsible for the investigation of corruption in city government.

Other appointments included Village Board Trustee and Associate Village Justice. While in private practice he has tried civil and criminal cases and has briefed and argued both civil and criminal appeals. Over the past years he has assisted C.P.A.’s in the preparation and submission of estate, trust and corporate tax returns, and has taught advanced tax preparation courses. Gene has taught hundreds of Paralegal and Business Law classes at Keiser College, of Melbourne, FL.

His writings include And the Walls Come Tumbling Down, a law review article exploring legal and philosophical issues of incarceration of non-violent offenders.

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