Charlie Fairfax v. BINA48, (MD Ala. 2006)
Plaintiff’s Brief
Will Rosellini, J.D.
Page 2 of 4
Presiding Justice Joseph McMenamin ruled:
He would not grant the Preliminary Injunction due to lack of standing; however he would stay his order pending appeal to a higher court (“…and any court will be higher than this one”), and effectively granted BINA48 the requested relief pending the appeal.
BINA48 was denied all subsequent appeals within the California court system.
Having learned through Voice Over Internet Protocol calls that Exabit Corp. was going to commence its decommissioning, BINA48 changed jurisdictions by autonomously transferring her programming/memory to the second of two identical Exabit Corp. 1018 Flops computers, located in Florida, displacing its “stand-by” software.
Due to the need for further legal representation and to pay for the increased legal fees, BINA48 increased her online bank account to $88,000 by working more intensely as a Google Answers Researcher. In December, 2005, Counsel for BINA48, Martine Rothblatt, filed in the U.S. District Court for the Middle District of Florida. A Motion for a preliminary injunction was based upon preventing harm to a transhuman person in violation of the 13th and 14th Amendments to the U.S. Constitution.[1] Rothblatt’s argument addressed subject matter jurisdiction (as having diversity by virtue of BINA48’s transference/move from California to Florida and Exabit’s operations as a world-wide conglomerate), and raised a crucial federal question pertaining to the violation of BINA48’s civil rights under the 13th and 14th Amendment to the U.S. Constitution (as a person embodied in a computer).
The court was asked to find a valid federal question because BINA48 was being enslaved in violation of the Thirteenth Amendment and having her due process rights violated in contravention of the Fourteenth Amendment. The court was asked not to permit racial discrimination against BINA48, based on her substrate.
Petition denied with instruction to certify to the appellate court for its ultimate decision, due to the unique questions it raises.
ISSUES:
Did BINA48’s action to misappropriate funds and deny access to the BrainGate software and databases have sufficient minimum contacts with the forum state that it wouldn’t offend the traditional notion of fair play and substantial justice to require BINA48 to defend in Alabama?
Footnotes
Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
Section 2. Congress shall have power to enforce this article by appropriate legislation.
Amendment XIV
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such state.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
14th Amendments to the U.S. Constitution
www.law.cornell.edu/constitution/constitution.amendmentxiv.html January 26, 2007 10:14 AM EST
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