How to argue for personhood in the 24th century

[VIDEO] This video features the legal drama contained within "The Measure of a Man" which was an episode of Star Trek: The Next Generation airing during that programs 2nd season. Unfortunately this wasn't an episode I caught on it's first airing years ago since I only started watching TNG during season 6. This episode I only saw in reruns during the week tuning in to WPWR Power 50 here in Chicago.

The plot of this episode is basically a request from Starfleet Medical to acquire the Enterprise's Ops Officer Lt. Cmdr Data for the purposes of scientific study by a Cmdr. Bruce Maddox. Ultimately a hearing is convened by a Starfleet JAG to determine whether or not Data is the property of the Starfleet service and thus can choose to not subject himself to Cmdr. Maddox's experiments.

So this YouTube channel Legal Eagle examines the legal ramifications of this episode. I accept most of what you see in the scenes leading up to that fateful hearing where Data is determined to not be property of Starfleet and can choose not to be subjected to experiments. I wish I got the name of the lawyer who examined this episode in the above video.

It's fascinating to see the research done hear especially the principles we currently know about various rulings with regards to individual rights. He notes as the Dred Scott ruling as a precedent that could relate to Data's case. Dred Scott was a slave who moved to a free territory and was sent back to a slave state and then tried to sue claiming he was free only for his case to go to the SCOTUS (Supreme Court of the United States) and it was determined that free or enslaved Black Americans aren't US citizens and thus aren't entitled to the rights thereof.

Examinations. As you will see in the above clip Cmdr. William Riker was forced to advocate against Data as his next most senior officer (something dinged by this attorney in his analysis). He takes Data's arm as a form of an examination. It was noted that something similar was done in the OJ Simpson case with that glove that didn't fit. Even with a clip of the late Johnnie Cochran declaring that "If the glove don't fit, you must acquit".

Basically, I agree that this episode is mostly dramatic with a few really good examples of good procedure (while also noting bad procedure). I really like how he broke down the various arguments both good and bad. I wondered if the legal system of the 24th century would be very different from the legal system of the 21th century. Although it cool to see that some of the arguments and procedures seen here could actually work in today's courtrooms.

BTW, how appropriate that we're talking about this episode of TNG when the Captain Jean-Luc Picard of the USS Enterprise will return with his own series to be streamed on CBS All-Access later this year. Who knows what adventures await the elderly and retired legendary Starfleet Captain.

The need to restore order according to "Sicario"

Saw the movie Sicario on Thursday. It both spooked and depressed me. It wasn't about the body count as much as it was the methods used by law enforcement or the criminal side to combat each other.

An FBI agent (portrayed by Emily Blunt) was assigned to essentially independent contractors to fight a Mexican drug cartel. She had been spooked and depressed by some of their methods. Basically these independent contractors seeks to reassert some form of order to the drug trade that hadn't existed in years.

Then I thought about Chicago with the issues of gun violence. I understand that violence in Mexico makes our violence seem like childsplay. But all the same our city streets are plagued by those who aren't much different than those cartel enforcers.

A few years ago, I attended a neighborhood meeting with a featured guest Chicago police chief Garry McCarthy and one of the questions came up involving these gang's hierarchy. If each of them has a top guy to maintain some type of order would we see the violence we've been seeing in Chicago these days.

McCarthy didn't want to hear that considering that in the past the number of murders in Chicago approached almost 1000/year. So he questioned having a leader like Larry Hoover would truly calm the violence in some parts of Chicago.

In watching Sicario this aspect of city violence came to mind. Do we need people just like those in these criminal groups to restore some form of law & order in the world?

Man sues Morehouse College after they say he never graduated

They may have done things differently in the 1980s, but when I got my degree four years ago I picked mine up the same day as commencement. If this guy got a diploma that he didn't actually earn that's terrible that at the last minute something happened where it turns out he didn't actually graduate.

A man who said he graduated from Morehouse College more than 30 years ago is suing the school because the college said he never met graduation requirements. And now Morehouse is countersuing to get him to return the diploma it gave him 33 years ago.

"They can't have it back, I earned it," Terry Boyd told Channel 2's Tom Jones outside the southwest Atlanta campus.

Boyd's attorney wonders why the school gave him the diploma if it believed he hadn't met the requirements

"How do you mail something like this to someone you're professing did not complete you're requirements for graduation?" attorney Marsha Mignott said.

This all began two years ago after Boyd applied for a job paying nearly $150,000 a year and the company checked his background.

"They said they had a problem verifying my graduation from Morehouse," Boyd explained.

Discrepancy?

Morehouse said he failed an Organic Chemistry class. His transcript shows he made a D.

Boyd said he passed the class. His attorney said it appears someone changed his grade from a C to a D.

Mignott finds it odd the college would let him take Chemistry 2 if he failed the prerequisite Chemistry 1 class. 

As a result, this is going to court and Morehouse wants their diploma back and understandably Mr. Boyd doesn't want to let it go. Let's hope Brother Boyd gets to keep his degree and is not forced to give up his diploma and as a result return to school again to re-earn his degree.

Instagram will not sell your photos

Whoever decided to write this language should've been fired! It's good that it will be corrected if it hasn't already:

Instagram apologized to its users today, saying it will "remove" language from its legal terms that would have let it sell users' photos or use them in advertisements.

In a blog post this afternoon, Chief Executive Kevin Systrom said it's "our mistake that this language is confusing" and that the company is "working on updated language."

"Since making these changes, we've heard loud and clear that many users are confused and upset about what the changes mean," he wrote.

Instagram's terms of use agreement announced yesterday sparked a user revolt unprecedented in its history -- and prompted competitors to tout their own services as more user-protective. It came three months after Facebook completed its acquisition of the popular photo-sharing service, which has over 100 million users, and follows recent efforts by the social network to increase revenue.
No other photo-sharing service appears to have had a policy as broad as Instagram's now-abandoned language, which claimed the perpetual right to license users' photos to companies or any other organization, including for advertising purposes, which would effectively transform the Web site into the world's largest stock photo agency. A hotel in Hawaii, for instance, could have written a check to Instagram to license photos taken at its resort and then use them for its own purposes.
...
Another pitfall of the now-abandoned policy: If Instagram users continued to upload photos after January 16, 2013, and subsequently deleted their account afterward, they may have granted Facebook an irrevocable right to sell those images in perpetuity. There's no obvious language that says deleting an account terminates Facebook's rights, said Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation. 

I was about to consider myself if I would continue using Instagram. Basically loathe to deactivate any usage of social networking sites, but for the right reason such as this it would be worth it. Enough people revolted where it was known it would be a problem.

YouTube Blog: Mashups, parodies and lip dubs: Ask a legal expert...

YouTube Blog talks about Fair Use and how YouTubers are able to take clips from other media sources without being sued for copyright infringement.

Another "original" YouTube cited fair use in one of his videos. I used "original" to say that he posted videos people watched starting a short 8 years ago. Man it's unbelieveable how long ago that was.