----- Original Message ----
From: Kerry Burgess
To: hotline@dodig.mil; inspector.general@usdoj.gov; us.marshals@usdoj.gov
Sent: Wed, July 28, 2010 4:35:56 AM
Subject: United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18
To: hotline@dodig.mil; inspector.general@usdoj.gov; us.marshals@usdoj.gov
From: Kerry W. Burgess (official United States Marshals Service federal undercover identity created to investigate and prosecute and convict the criminal activity against the legitimate operations of the United States Department of Defense and against the legitimate operations of the National Aeronautics and Space Administration; an identity completely compromised by forces hostile to the United States of America)
http://en.wikipedia.org/wiki/Motion_to_compel
Motion to compel
A motion to compel asks the court to order either the opposing party or a third party to take some action. This sort of motion most commonly deals with discovery disputes, when a party who has propounded discovery to either the opposing party or a third party believes that the discovery responses are insufficient. The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
The United States court system is divided into three systems; federal, tribal, and state. The federal courts have their own rules which are stated in the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure. The states, on the other hand, have their own codes of civil and criminal procedure. The federal and state rules are similar, but have occasional differences.
Federal Rule of Civil Procedure 37
Pursuant to FRCP 37, "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery. The motion must include a certification that the movant has in good faith conferred or attempted to confer with the person or party failing to make disclosure or discovery in an effort to obtain it without court action."
According to rule 37, the moving party must give the appropriate notice to the responding party. This allows the other party the opportunity to answer the alleged inadequate responses. Thereafter, if the questions have not been adequately responded to, then the moving party may ask the court for a motion to compel.
http://en.wikipedia.org/wiki/Constructive_notice
Constructive notice
Constructive notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual knowledge of it.
Intellectual property
For example, one benefit of registering a trademark with the federal government of the United States is that the registration gives nationwide constructive notice that the trademark is owned by the registrant. Therefore, if another entity uses the mark, they will be treated as though they knew their use of it was a trademark infringement, even if they had no actual knowledge of the registration, or the registrant's use of the mark.
Real property
One of the most common examples of constructive notice is in the operation of the real estate recording laws. One of the purposes of these is to impart constructive notice of the contents of documents affecting the title that are recorded in the recorder's offices in the jurisdictions where the real estate lies.
In tort
Constructive notice in the American legal system can be used to impose liability for negligence in tort actions against landholder defendants. When there is no actual notice to a defendant of a hazardous condition, there may nevertheless be constructive notice. If the defendant would have been aware of the condition by being reasonably attentive, the defendant has constructive notice.
JOURNAL ARCHIVE:----- Original Message ----
From: Kerry Burgess
To: "Richardson, James R LN1 OJAG, 004"
Sent: Thursday, September 10, 2009 6:57:21 PM
Subject: Re: Surrender now.
To: JAGCMC@navy.mil; hotline@dodig.mil; HQ-OIG-Counsel@mail.nasa.gov
From: Kerry W. Burgess (official United States federal undercover identity created to investigate and prosecute and convict the criminal activity against the legitimate operations of the U.S. Department of Defense and against the legitimate operations of the National Aeronautics and Space Administration; an identity completely compromised by forces hostile to the United States of America)
Go for it, dumbass. You are now a felon convicted of severe treason against the United States federal government.
----- Original Message ----
From: "Richardson, James R LN1 OJAG, 004"
To: Kerry Burgess
Sent: Thursday, September 10, 2009 9:48:21 AM
Subject: RE: Surrender now.
Kerry Burgess,
Threatening a general/flag officer of the U.S. Military is a Federal Offense. Any future e-mails from you will be forwarded to the Federal Protective Service for investigation and action.
V/r,
LN1(SW) J. R. RICHARDSON
Executive Assistant to the Command Master Chief
-----Original Message-----
From: Kerry Burgess
Posted At: Friday, September 04, 2009 19:48
Posted To: JAGCMC
Conversation: Surrender now.
-----Original Message-----
From: Kerry Burgess
Posted At: Friday, September 04, 2009 19:48
Posted To: JAGCMC
Conversation: Surrender now.
Subject: Surrender now.
To: JAGCMC@navy.mil; hotline@dodig.mil; HQ-OIG-Counsel@mail.nasa.gov
From: Kerry W. Burgess (official United States federal undercover identity created to investigate and prosecute and convict the criminal activity against the legitimate operations of the U.S. Department of Defense and against the legitimate operations of the National Aeronautics and Space Administration; an identity completely compromised by forces hostile to the United States of America)
James W. Houck: You are a coward and you are a disgrace to the uniform of the United States federal military and you are a thief of private property.
James W. Houck: You are ordered to surrender now to superior United States federal authority.
http://www.jag.navy.mil/leadership.htm
Vice Admiral James W. Houck
Judge Advocate General
Judge Advocate General's Corps
On 14 August 2009, Vice Admiral James W. Houck became the 41st Judge Advocate General of the Navy. As the Judge Advocate General, Vice Admiral Houck is the principal military legal counsel to the Secretary of the Navy and Chief of Naval Operations. He leads the attorneys, enlisted Legalmen, and civilian employees of the worldwide Navy JAG Corps community.
[JOURNAL ARCHIVE 10 September 2009 excerpt ends]
http://en.wikipedia.org/wiki/Prima_facie
Prima facie
Prima facie is a Latin expression meaning "on its first appearance", or "by first instance". It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts. In common law jurisdictions, prima facie denotes evidence that (unless rebutted) would be sufficient to prove a particular proposition or fact.
Most legal proceedings require a prima facie case to exist, following which proceedings may then commence to test it, and create a ruling.
http://en.wikipedia.org/wiki/Courts-martial_in_the_United_States
Courts-martial in the United States
Courts-martial in the United States are criminal trials conducted by the Military of the United States. Most commonly, courts-martial are convened to try members of the U.S. military for violations of the Uniform Code of Military Justice, which is the U.S. military's criminal code. However, they can also be convened for other purposes, including military tribunals and the enforcement of martial law in an occupied territory. Courts-martial are governed by the rules of procedure and evidence laid out in the Manual for Courts-Martial and Military Rules of Evidence, respectively.
a military judge determines questions of law, and the members of the panel (or military judge in a judge-alone case) determine questions of fact.
From 6/19/1968 ( my 1st United States Navy Medal of Honor date of record and I am United States military fighter jet ace-in-single-day during Vietnam War ) to 5/1/1973 ( my graduation from University of Oxford at Lincoln College includes law degree ) is: 1777 days
From 5/1/1973 ( my graduation from University of Oxford at Lincoln College includes law degree ) to 3/13/1978 ( United States Department of the Army Order 31-3 General Of The Armies of the United States applies to me personally and professionally as United States Navy Fleet Admiral Thomas Reagan ) is: 1777 days
From 9/2/1974 ( I returned to planet Earth after my 18 January 1974 first landing planet Venus ) To 6/7/1976 ( my first landing Saturn moon Phoebe and the Saturn moon Phoebe territory belongs to me and my wife ) is 644 days
From 6/7/1976 ( my first landing Saturn moon Phoebe and the Saturn moon Phoebe territory belongs to me and my wife ) To 3/13/1978 ( United States Department of the Army Order 31-3 General Of The Armies of the United States applies to me personally and professionally as United States Navy Fleet Admiral Thomas Reagan ) is 644 days
http://en.wikipedia.org/wiki/General_of_the_Armies
General of the Armies
General of the Armies and General of the Armies of the United States are the highest possible ranks in the United States Army.
After World War II, which saw the introduction of U.S. "5-star" officers who outranked Washington, both Congress and the President revisited the issue of Washington's rank. To maintain George Washington's proper position as the first Commanding General of the United States Army, he was appointed, posthumously, to the grade of General of the Armies of the United States by congressional joint resolution Public Law 94-479 January 19, 1976, approved by President Gerald R. Ford on October 11, 1976. The law established the grade as having "rank and precedence over all other grades of the Army, past or present,"clearly making it superior to General of the Army. The Department of the Army Order 31-3, issued on March 13, 1978 had an effective appointment date of July 4, 1976. The rank ensures that no United States military officer outranks George Washington
http://en.wikipedia.org/wiki/Fleet_Admiral_%28United_States%29
Fleet Admiral (United States)
Fleet Admiral of the United States Navy (FADM), or more commonly referred to as Fleet Admiral, is a five-star flag officer rank and is presently considered the highest possible rank in the United States Navy.
The insignia for Fleet Admiral comprises five stars in a pentagon design with a thick rank stripe, below four smaller stripes, on the service dress blue uniform.
The Fleet Admiral rank is reserved for war-time use only
http://en.wikipedia.org/wiki/United_States_Marshals_Service
United States Marshals Service
The United States Marshals Service (USMS) is a United States federal law enforcement agency within the United States Department of Justice (see 28 U.S.C. § 561). Although the Marshals Service itself dates only to 1969, the office of U.S. Marshal is the oldest federal law enforcement office in the United States.
The USMS is the enforcement arm of the United States federal courts. U.S. Marshals protect court officers and buildings and ensure the effective operation of the judicial system. The US Marshals Service assists with court security and prisoner transport, serves arrest warrants and seeks fugitives.
Regional Organization
The U.S. court system is divided into 94 Districts, each with a U.S. Marshal, a Chief Deputy U.S. Marshal (GS-15) (and an Assistant Chief Deputy U.S. Marshal (GS-14) in certain larger districts), Supervisory Deputy U.S. Marshals (GS-13), and as many Deputy U.S. Marshals (GS-5 and above) and Special Deputy U.S. Marshals as needed.
The US Marshal of a US Circuit Court is the US Marshal in whose district that court is located.
The Director and each United States Marshal is appointed by the President of the United States and subject to confirmation by the United States Senate. The District U.S. Marshal is traditionally appointed from a list of qualified law enforcement personnel for that district or state. Each state has at least one district, while several larger states have three or more.
Titles
United States Marshal—for the top executive Marshal's Service position (political appointment) in a Federal judicial district.
Chief Deputy United States Marshal—the senior career manager for the Federal judicial district who is responsible for management of the Marshal's office and staff.
From 7/20/1969 ( I was United States Apollo 11 Eagle spacecraft United States Navy astronaut landing on Earth's moon ) to 4/25/1990 ( I was the commander aboard the United States STS-31 Discovery spacecraft as United States Navy Fleet Admiral Thomas Reagan and I personally supervised the deployment of the United States Hubble Space Telescope because I am the only human to ever travel to another planet in this solar system and because I am the only human to have ever traveled to the outer solar system ) is 7584 days
7584 = 3792 + 3792
From 3/3/1959 ( my birth date US ) to 7/20/1969 ( I was United States Apollo 11 Eagle spacecraft United States Navy astronaut landing on Earth's moon ) is: 3792 days
From 11/19/1969 ( I was United States Apollo 12 Intrepid spacecraft United States Navy astronaut landing on Earth's moon ) to 4/25/1990 ( I was the commander aboard the United States STS-31 Discovery spacecraft as United States Navy Fleet Admiral Thomas Reagan and I personally supervised the deployment of the United States Hubble Space Telescope because I am the only human to ever travel to another planet in this solar system and because I am the only human to have ever traveled to the outer solar system ) is: 7462 days
7462 = 3731 + 3731
From 3/4/1959 ( my birth date UK ) to 5/21/1969 ( I am Princeton University Medical Doctor degree graduate ) is 3731 days
http://en.wikipedia.org/wiki/STS-31
STS-31
Launch: April 24, 1990
Landing: April 29, 1990
STS-31 was the thirty-fifth mission of the American Space Shuttle program, which launched the Hubble Space Telescope astronomical observatory into Earth orbit. The mission used the Space Shuttle Discovery, which lifted off from launchpad 39B on April 24, 1990 from Kennedy Space Center, Florida.
Discovery's crew deployed the telescope on April 25, and spent the rest of the mission tending to various scientific experiments in the shuttle's payload bay and operating a set of IMAX cameras to record the mission.
http://www.chron.com/CDA/archives/archive.mpl?id=1990_698925
chron
Houston Chronicle Archives
Astronauts deploy Hubble telescope
MARK CARREAU Staff
WED 04/25/1990
HOUSTON CHRONICLE
Soaring high above the Earth early today, the astronauts aboard the shuttle Discovery ushered in a new age of astronomy as they deployed NASA's powerful Hubble Space Telescope.
The 25,000-pound telescope was scheduled to drift free of Discovery's long robot arm at about 1 p.m. Houston time, the first step in its 15-year mission.
The release was preceded by a series of critical milestones that first freed the $1.55 billion space telescope from Discovery's cargo bay then placed it on its own battery power.
http://hubble.nasa.gov
NASA
THE HUBBLE SPACE TELESCOPE
The Hubble Space Telescope was deployed from the Space shuttle Discovery during STS-31 on April 25, 1990.
From 11/5/1955 ( fictional date setting 1985 film "Back to the Future" and the invention of time-travel by "Dr. Emmett Brown" ) to 3/3/1959 ( my birth date US ) is: 1214 days
From 7/16/1963 ( my wife ) to 11/11/1966 ( I was United States Gemini 12 spacecraft United States Navy astronaut entering orbit of planet Earth ) is: 1214 days
From 1/20/1930 ( Buzz Aldrin - my wife's father ) to 11/5/1955 ( fictional date setting 1985 film "Back to the Future" and the invention of time-travel by "Dr. Emmett Brown" ) is: 9420 days
9420 = 4710 + 4710
From 7/16/1963 ( my wife ) to 6/7/1976 ( my first landing Saturn moon Phoebe and the Saturn moon Phoebe territory belongs to me and my wife ) is: 4710 days
http://www.cswap.com/1985/Back_to_the_Future/cap/en/4_Parts/a/00_24
Back to the Future
:24:04
Here's a red-letter date
in the history of science.
:24:06
November 5, 1955.
:24:12
Yes, of course.
:24:14
November 5, 1955.
:24:17
What happened?
:24:20
That was the day I invented time travel.
:24:23
I remember it vividly.
From 2/12/1973 ( Operation Homecoming begins and I was the lead United States C-141A pilot transporting home the American Prisoners of War ) to 7/3/1985 ( premiere US film "Back to the Future" ) is: 4524 days
4524 = 2261 + 2261
From 3/4/1959 ( my birth date UK ) to 5/12/1965 ( I am active duty United States Navy aviator and United States Astronaut ) is: 2261 days
http://www.imdb.com/title/tt0088763
IMDb
The Internet Movie Database
Back to the Future (1985)
Release Date: 3 July 1985 (USA)
From 10/11/1968 ( I was United States Apollo 7 spacecraft United States Navy astronaut entering orbit of planet Earth ) to 5/19/1981 ( United States President Ronald Reagan presents The Congressional Space Medal of Honor ) is: 4603 days
From 3/3/1959 ( my birth date US ) to 10/9/1971 ( I am board-certified surgeon as Dr. Thomas Reagan MD ) is: 4603 days
http://en.wikipedia.org/wiki/Congressional_Space_Medal_of_Honor
Congressional Space Medal of Honor
As of 2006, 28 astronauts have been honored with the award, which is presented by the President of the United States in Congress's name.
May 19, 1981 John W. Young
STS-1 (first shuttle flight, Commander)
http://history.nasa.gov/spacemedal.htm
Congressional Space Medal of Honor
ASTRONAUT
DATE
PRESIDENT
John W. Young
5/19/81
Ronald Reagan
http://www.presidency.ucsb.edu/ws/index.php?pid=43837
The American Presidency Project
Ronald Reagan
XL President of the United States: 1981 - 1989
Remarks at a White House Luncheon Honoring the Astronauts of the Space Shuttle Columbia
May 19, 1981
Mr. Young. It's a great honor for Bob and I to be here today. And we'd also like to make a presentation to the President that tells, for all of you who contributed so much to this program, just exactly what it's all about. Could you unveil that, please?
[A plaque detailing the history of the space shuttle program was unveiled.]
It's always significant to me that the United States flag is the biggest thing on there. Let's never forget that.
The President. You won't mind if I only wear this within Earth's atmosphere. [Laughter] But, thank you all very much. And now, I think there's two individuals here that you'd like to meet also, because I think they have to be just as courageous or even more so than those who make the flight. I think you'd like to see Mrs. Young and Mrs. Crippen. Would you stand, please?
And we're back at ground zero; we have landed successfully. Thank you.
From 4/30/1982 ( my graduation and commissioning United States Naval Academy Class of 1982 as United States Navy Fleet Admiral Thomas Reagan ) to 9/16/1994 ( premiere US film "Princess Caraboo" ) is: 4522 days
4522 = 2261 + 2261
From 3/4/1959 ( my birth date UK ) to 5/12/1965 ( I am active duty United States Navy aviator and United States Astronaut ) is: 2261 days
From 10/11/1968 ( I was United States Apollo 7 spacecraft United States Navy astronaut entering orbit of planet Earth ) to 9/16/1994 ( premiere US film "Princess Caraboo" )(Friday) is: 9471 days
9471 = 1 + 4735 + 4735
From 7/16/1963 ( my wife ) to 7/2/1976 ( I intercepted Comet Lucifer in the outer solar system and set to work at diverting it ) is: 4735 days
From 11/8/1970 ( my first ascent to Mount Everest summit ) To 9/16/1994 ( premiere US film "Princess Caraboo" )(Friday) is 8713 days
8713 = 1 + 4356 + 4356
From 7/16/1963 ( my wife ) To 6/19/1975 ( introduction of United States of America congressional joint resolution Public Law 94-479 General of the Armies of the United States applies to me personally and professionally as Fleet Admiral Thomas Reagan United States Navy ) is 4356 days
From 11/22/1988 ( I was primary test pilot for the United States Air Force B-2 Spirit strategic stealth bomber and the United States Air Force B-2 Spirit strategic stealth bomber was publicly displayed for first time ) To 9/16/1994 ( premiere US film "Princess Caraboo" ) is 5 years 9 months 3 weeks 4 days
'59-34' ( my birth date UK )
http://www.imdb.com/title/tt0110892
IMDb
The Internet Movie Database
Princess Caraboo (1994)
Release Date: 16 September 1994 (USA)
Phoebe Cates ... Princess Caraboo/Mary Baker
From 4/30/1982 ( my graduation and commissioning United States Naval Academy Class of 1982 as United States Navy Fleet Admiral Thomas Reagan ) to 9/16/1994 ( premiere US film "Timecop" ) is: 4522 days
4522 = 2261 + 2261
From 3/4/1959 ( my birth date UK ) to 5/12/1965 ( I am active duty United States Navy aviator and United States Astronaut ) is: 2261 days
From 10/11/1968 ( I was United States Apollo 7 spacecraft United States Navy astronaut entering orbit of planet Earth ) to 9/16/1994 ( premiere US film "Timecop" )(Friday) is: 9471 days
9471 = 1 + 4735 + 4735
From 7/16/1963 ( my wife ) to 7/2/1976 ( I intercepted Comet Lucifer in the outer solar system and set to work at diverting it ) is: 4735 days
From 11/8/1970 ( my first ascent to Mount Everest summit ) To 9/16/1994 ( premiere US film "Timecop" )(Friday) is 8713 days
8713 = 1 + 4356 + 4356
From 7/16/1963 ( my wife ) To 6/19/1975 ( introduction of United States of America congressional joint resolution Public Law 94-479 General of the Armies of the United States applies to me personally and professionally as Fleet Admiral Thomas Reagan United States Navy ) is 4356 days
From 11/22/1988 ( I was primary test pilot for the United States Air Force B-2 Spirit strategic stealth bomber and the United States Air Force B-2 Spirit strategic stealth bomber was publicly displayed for first time ) To 9/16/1994 ( premiere US film "Timecop" ) is 5 years 9 months 3 weeks 4 days
'59-34' ( my birth date UK )
http://www.imdb.com/title/tt0111438
IMDb
The Internet Movie Database
Timecop (1994)
Release Date: 16 September 1994 (USA)
From 4/5/1964 ( Douglas MacArthur - United States Army Medal of Honor - United States Army General of the Army - deceased ) To 6/2/1987 ( premiere US film "The Untouchables" ) is 8458 days
From 3/4/1959 ( my birth date UK ) to 4/30/1982 ( my graduation and commissioning US Naval Academy Class of 1982 as Fleet Admiral Thomas Reagan US Navy ) is: 8458 days
From 2/20/1966 ( Chester William Nimitz - United States Navy Fleet Admiral - deceased ) To 10/11/1976 ( United States Public Law 94-479 General of the Armies of the United States approved by US President Gerald Ford and applies to me personally and professionally as Fleet Admiral Thomas Reagan US Navy ) is 3886 days
From 10/11/1976 ( United States Public Law 94-479 General of the Armies of the United States approved by US President Gerald Ford and applies to me personally and professionally as Fleet Admiral Thomas Reagan US Navy ) To 6/2/1987 ( premiere US film "The Untouchables" ) is 3886 days
From 6/19/1968 ( my 1st United States Navy Medal of Honor and I am US military fighter jet ace-in-single-day during Vietnam War ) To 12/10/1977 ( Nobel Peace Prize presented to Amnesty International ) is 3461 days
From 12/10/1977 ( Nobel Peace Prize presented to Amnesty International ) To 6/2/1987 ( premiere US film "The Untouchables" ) is 3461 days
From 10/14/1972 ( United States Navy F-14 Tomcat fighter jet aircraft publicly displayed and I was first United States Navy F-14 Tomcat Commander Air Group and I am original primary United States Navy F-14 Tomcat test pilot ) To 6/2/1987 ( premiere US film "The Untouchables" ) is 5344 days
5344 = 2672 + 2672
From 7/16/1963 ( my wife ) To 11/8/1970 ( my first ascent to Mount Everest summit ) is 2672 days
http://us.imdb.com/title/tt0094226/releaseinfo
IMDb
The Internet Movie Database
Release dates for
The Untouchables (1987)
Country Date
USA 2 June 1987 (New York City, New York) (premiere)
http://www.presidency.ucsb.edu/ws/index.php?pid=34289&st=&st1=
Ronald Reagan
XL President of the United States: 1981 - 1989
Remarks at the Uniformed Services University of Health Sciences Commencement Ceremony
May 16th, 1987
Thank you all very much. And Secretary Weinberger, Chairman Olch, Dean Sanford, members of the graduating class, and ladies and gentlemen, I must tell you before I start how relieved I was when Dean Sanford told me that I was going to walk on after the procession. I thought that I was going to come in with the dean, and with his reputation, I'd been afraid that the good news was that we might perch on the backstage rafters and rappel in— [laughter] —and the bad news, that we'd jump from 10,000 feet. [Laughter] But it's a pleasure to be here to welcome you the graduates of this the West Point and Annapolis and Colorado Springs for physicians into your new profession as military and Public Health Service doctors.
When I hear about the can-do spirit of America's doctors in uniform, it reminds me of a story about a group of marines. I hope those of you in the other services will forgive me for telling this, but the get-it-done spirit applies to all of America's physicians in uniform. These marines had been sent to the Army airborne school for training. And came the day for the first jump, the training officer told them that the planes would come in at 1,500 feet, they would jump from the plane, hit the ground, and move south. The marines seemed a little disturbed by this, and they went into a huddle. Then one of them as a spokesman for the group went to the officer and asked couldn't the plane come in at 500 feet instead of 1,500? And the officer explained that if they took the plane in too low, it wouldn't give them time for the parachutes to open. And he said, "Oh, you mean we're wearing parachutes?" [Laughter]
A quarter century ago, Douglas MacArthur gave his farewell address to the Long Gray Line, the cadets of West Point. He stood in the vast hall of the academy, below the balcony they call the poop deck, and spoke about the soul, not just of the Army but of all the services that you now enter. "The Long Gray Line," he said, "has never failed us. Were you to do so, a million ghosts in olive drab, in brown khaki, in blue and gray would rise from their white crosses thundering those magic words: duty, honor, country."
http://en.wikipedia.org/wiki/United_States_Navy_SEALs
United States Navy SEALs
The United States Navy Sea, Air and Land (SEAL) forces are the elite Special Operations Forces (or Special forces) of the U.S. Navy
Deserts
SEAL operators must be ready for desert deployment
The Desert will test the SEALs both mentally and physically.
http://www.cswap.com/1987/The_Untouchables/cap/en/25fps/a/00_16
The Untouchables
:16:40
Don't you have
more important things to do?
:16:43
Yeah.
:16:45
But I'm not doing them right now.
:16:49
Do we understand each other?.
http://www.cswap.com/1993/Dave/cap/en/2_Parts/a/00_28
Dave
:28:00
It's good to be alive, isn't it?
:28:05
Good morning, Mr. President.
I was really worried.
:28:07
I didn't know what was going on.
:28:09
I'm glad you're feeling better.
:28:11
Why didn't you call me?
:28:12
-You really had me worried!
-Well, I'm fine.
:28:16
-What's with her?
-Ignore it.
:28:18
She's emotional.
She's attached to the president.
:28:20
Remember, you are the president.
:28:23
Okay, let's get back to work.
http://www.tv.com/the-twilight-zone/a-nice-place-to-visit/episode/12612/recap.html
tv.com
The Twilight Zone
Season 1, Episode 28
A Nice Place to Visit
Air Date
April 15, 1960
While trying to rob a pawnshop, burglar Rocky Valentine kills a night watchman and then shoots a policeman... only to be shot himself by another while fleeing the scene. Rocky revives to find himself unhurt--and in the company of a seemingly good-natured, robust gentleman named Pip. The white-haired Pip explains that he is Valentine's guide, and that he has been instructed to give Rocky anything and everything he wants. Valentine assumes he must be in Heaven, and that Pip must be his guardian angel. But everything proves to be too good
http://www.tv.com/the-twilight-zone/a-nice-place-to-visit/episode/12612/trivia.html
tv.com
The Twilight Zone
Season 1, Episode 28
A Nice Place to Visit
Air Date
April 15, 1960
Quotes
(Opening Narration)
Narrator: Portrait of a man at work, the only work he's ever done, the only work he knows. His name is Henry Francis Valentine but he calls himself Rocky, because that's the way his life has been - rocky and perilous and uphill at a dead run all the way. He's tired now, tired of running or wanting, of waiting for the breaks that come to others but never to him, never to Rocky Valentine. A scared, angry little man. He thinks it's all over now but he's wrong. For Rocky Valentine, it's just the beginning.
http://www.script-o-rama.com/movie_scripts/a1/breach-script-transcript.html
Breach
I'm sorry.
Idiot.
I'm sorry.
Is this what they teach you in ghosting school?
No wonder the Bureau can never find anyone.
(HONKING)
Hey, just relax.
Don't tell me to relax.
What are you doing?
I can sit here for an hour.
Or I can walk two blocks, get on the other side of this bottleneck by myself,
and take a five-minute cab ride back to the office.
Now, which do you think would better serve the needs of the Bureau?
It's just traffic.
Hello, Hanssen's on foot.
PLESAC: Good God
I put him back at the office in 10 minutes, best case.
Your boy's killing us.
[ United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis the International Terrorist Organization violently against the United States federal government actively instigate insurrection and subversive activity against the United States federal government with all Bill Gates-Microsoft-Corbis staff partners contributors employees contractors lawyers managers of any capacity as severely treasonous criminal accomplices and that are active unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States that actively make it impracticable to enforce the laws of the United States in the United States and in the Severely Treasonous and Criminally Rebellious State of Washington by the ordinary course of judicial proceedings ]
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 4/20/2010 ( Bill Gates-Microsoft-Corbis-Barack Hussein Obama the cowardly violent criminal destroys the Transocean Deepwater Horizon oil drilling platform with several fatalities and continuing severe environmental damage to the United States of America ) is 344 days
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 2/11/1960 ( premiere US film "Sink the Bismarck!" ) is 344 days
From 8/15/1964 ( Melinda French Gates the International Terrorist violently against the United States federal government actively instigates insurrection and subversive activity against the United States of America ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 16340 days
16340 = 8170 + 8170
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 7/16/1981 ( another threat sent to me against my wife ) is 8170 days
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 6/23/2010 ( Bill Gates the cowardly violent criminal again contracted a criminal to murder me this day by gunfire through a window or as I walked outside along the city sidewalk where they constantly track my movements just so that can make me know they are harassing me and that they have no intention of stopping their cowardly criminal activity directed at my person ) is 408 days
408 = 204 + 204
From 3/3/1959 ( date hijacked from me:my birth date US ) To 9/23/1959 ( premiere US film "Five Gates to Hell" ) is 204 days
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 6/23/2010 ( Bill Gates the cowardly violent criminal again contracted a criminal to murder me this day by gunfire through a window or as I walked outside along the city sidewalk where they constantly track my movements just so that can make me know they are harassing me and that they have no intention of stopping their cowardly criminal activity directed at my person ) is 408 days
From 7/16/1963 ( another threat sent to me against my wife ) To 2/5/1964 ( Laura Linney ) is 204 days
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 6/23/2010 ( Bill Gates the cowardly violent criminal again contracted a criminal to murder me this day by gunfire through a window or as I walked outside along the city sidewalk where they constantly track my movements just so that can make me know they are harassing me and that they have no intention of stopping their cowardly criminal activity directed at my person ) is 408 days
From 7/16/1963 ( another threat sent to me against my wife ) To 2/5/1964 ( date hijacked from me:I was Innsbruck Winter Olympics gold medalist again on this day ) is 204 days
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 6/23/2010 ( Bill Gates the cowardly violent criminal again contracted a criminal to murder me this day by gunfire through a window or as I walked outside along the city sidewalk where they constantly track my movements just so that can make me know they are harassing me and that they have no intention of stopping their cowardly criminal activity directed at my person ) is 408 days
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 4/15/1960 ( date hijacked from me:premiere US TV series episode "The Twilight Zone"::"A Nice Place to Visit" ) is 408 days
From 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) To 6/23/2010 ( Bill Gates the cowardly violent criminal again contracted a criminal to murder me this day by gunfire through a window or as I walked outside along the city sidewalk where they constantly track my movements just so that can make me know they are harassing me and that they have no intention of stopping their cowardly criminal activity directed at my person ) is 408 days
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 4/15/1960 ( the successful launch of the United States Navy Polaris submarine launched ballistic missile ) is 408 days
From 1/18/1991 ( date hijacked from me:premiere US film "Flight of the Intruder" ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 6688 days
6688 = 3344 + 3344
From 7/16/1963 ( another threat against my wife ) to 9/10/1972 ( date hijacked from me:fictional date setting 1991 film "Flight of the Intruder" and the death of "Morg McPherson" the United States Navy A-6 Intruder crew officer who is replaced by US Navy Lieutenant Commander "Virgil 'Tiger' Cole" ) is: 3344 days
From 8/9/1945 ( Nagasaki Japan was the 2nd Japanese city destroyed by atomic bomb to end World War 2 hostilities against the United States of America - atomic bomb code name Fat Man ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 23286 days
23286 = 11643 + 11643
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 1/18/1991 ( date hijacked from me:premiere US film "Flight of the Intruder" ) is 11643 days
From 3/15/1962 ( premiere US film "The Day the Earth Caught Fire" ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 17224 days
From 7/16/1963 ( another threat sent to me against my wife ) To 9/11/2010 ( --- ) is 17224 days
From 12/25/1968 ( date hijacked from me:I was United States Apollo 8 spacecraft United States Navy astronaut in orbit of Earth's moon ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 14747 days
From 7/16/1963 ( another threat sent to me against my wife ) To 11/30/2003 ( premiere US TV movie "The Reagans" ) is 14747 days
From 8/1/1980 ( date hijacked from me:premiere US film "The Final Countdown" ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 10510 days
10510 = 5255 + 5255
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 7/23/1973 ( date hijacked from me:I passed the United States Multistate Bar Examination ) is 5255 days
From 8/1/1980 ( date hijacked from me:premiere US film "The Final Countdown" ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 10510 days
From 3/3/1959 ( date hijacked from me:my birth date US ) To 12/11/1987 ( date hijacked from me:premiere US film "Wall Street" ) is 10510 days
From 7/3/1962 ( Tom Cruise ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 17114 days
17114 = 8557 + 8557
From 7/16/1963 ( another threat sent to me against my wife ) To 12/19/1986 ( date hijacked from me:premiere US film "Platoon" ) is 8557 days
From 3/6/1983 ( date hijacked from me:premiere US TV movie "Baby Sister" starring my wife ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 9563 days
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 5/9/1985 ( I was the pilot of United States Navy F-14 Tomcat fighter jet that is attacked by hostile Soviet Union air forces and my United States Navy RIO flight officer crewman is killed by enemy fire from Soviet Union forces and as instigated by Bill Gates-Microsoft the International Terrorist Organization violently against the United States federal government & the Severely Treasonous and established national traitor George Herbert Walker Bush the agent of Communist China and the Soviet Union against the United States of America federal government ) is 9563 days
From 3/3/1969 ( date hijacked from me:United States Navy Fighter Weapons School established ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 14679 days
From 7/16/1963 ( another threat sent to me against my wife ) To 9/23/2003 ( date hijacked from me:premiere US TV series "Navy NCIS: Naval Criminal Investigative Service"::series premiere episode "Yankee White" ) is 14679 days
From 10/14/1972 ( date hijacked from me:United States Navy F-14 Tomcat fighter jet aircraft publicly displayed and I was first United States Navy F-14 Tomcat Commander Air Group and I am original primary United States Navy F-14 Tomcat test pilot ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 13358 days
13358 = 6679 + 6679
From 3/3/1959 ( date hijacked from me:my birth date US ) To 6/15/1977 ( premiere US film "A Bridge Too Far" ) is 6679 days
From 4/13/1972 ( date hijacked from me:my 2nd United States Navy Medal of Honor date of record ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 13542 days
13542 = 6771 + 6771
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 9/16/1977 ( premiere US TV series "Logan's Run" ) is 6771 days
From 6/23/1976 ( premiere US film "Logan's Run" ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 12010 days
From 7/16/1963 ( another threat sent to me against my wife ) To 6/2/1996 ( date hijacked from me:premiere US TV series episode "Space: Above And Beyond"::series finale episode "...Tell Our Moms We Done Our Best" ) is 12010 days
From 11/12/1981 ( date hijacked from me:I was the commander aboard the United States STS-2 Columbia spacecraft as United States Navy Fleet Admiral Thomas Reagan ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 10042 days
10042 = 5021 + 5021
From 7/16/1963 ( another threat sent to me against my wife ) To 4/14/1977 ( date hijacked from me:I returned to Earth after successfully diverting the comet in the outer solar system ) is 5021 days
From 11/2/1965 ( date hijacked from me:my official United States federal undercover identity birth date in Antlers Oklahoma USA ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 15896 days
From 3/3/1959 ( date hijacked from me:my birth date US ) To 9/9/2002 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - as a scheduled terrorist attack the Domestic Terrorist Bart Sibrel assaults Buzz Aldrin for the purpose of hijacking my private property ) is 15896 days
From 11/2/1965 ( Kerry Wayne Burgess - Deputy United States Marshal ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 15896 days
From 3/3/1959 ( date hijacked from me:my birth date US ) To 9/9/2002 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - as a scheduled terrorist attack the Domestic Terrorist Bart Sibrel assaults Buzz Aldrin for the purpose of hijacking my private property ) is 15896 days
From 6/27/1994 ( I am the pilot and the only survivor of a plane crash that experienced several fatalities on that aircraft after the external mounted rocket-launched space satellite exploded under that aircraft due to continuing Bill Gates-Microsoft-Corbis-NASA terrorism sabotage ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 5432 days
From 3/3/1959 ( date hijacked from me:my birth date US ) To 1/15/1974 ( premiere US TV series "Happy Days" ) is 5432 days
From 6/27/1994 ( Kerry Wayne Burgess - Deputy United States Marshal - killed in the line of duty - Lockheed Martin L-1011 aircraft passengers and crew murdered as a scheduled terrorist attack by Bill Gates-Microsoft-Corbis-NASA-Barack Hussein Obama the cowardly violent criminal ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 5432 days
From 3/3/1959 ( date hijacked from me:my birth date US ) To 1/15/1974 ( premiere US TV series "Happy Days" ) is 5432 days
From 4/5/1990 ( date hijacked from me:first flight Orbital Sciences Pegasus space satellite rocket launch vehicle and I was United States NASA B-52B Stratofortress pilot for the first flight of Orbital Sciences Pegasus space satellite booster rocket ) To 5/11/2009 ( RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS - launch of space shuttle Atlantis & United States NASA the cowardly and severely Racketeer Influenced and Corrupt Organization US Title 18 & Bill Gates-Microsoft-Corbis actively instigate insurrection and subversive activity against the United States federal government ) is 6976 days
6976 = 3488 + 3488
From 3/4/1959 ( date hijacked from me:my birth date UK ) To 9/20/1968 ( date hijacked from me:premiere US TV series pilot "Hawaii Five-O" ) is 3488 days
http://www.nasa.gov/home/hqnews/2009/may/HQ_09-104_Atlantis_launches.html
NASA
May 11, 2009
RELEASE : 09-104
NASA's Shuttle Atlantis Launches on a Final Mission to Hubble
CAPE CANAVERAL, Fla. -- Space shuttle Atlantis with its seven-member crew launched at 2:01 p.m. EDT Monday from NASA's Kennedy Space Center on the final Hubble Space Telescope servicing mission.
http://www.chron.com/CDA/archives/archive.mpl?id=2009_4737783
chron
Houston Chronicle Archives
Atlantis crew turns focus to camera repair Shuttle blasts into space to fix the aging Hubble
By ERIC BERGER HOUSTON CHRONICLE,
Tue 05/12/2009
Houston Chronicle
ROVER IN TROUBLE
The Mars rover Spirit has become stuck in soft Martian dirt while driving along a low plateau.
NASA officials said Monday that engineers had temporarily stopped sending driving commands to Spirit while they diagnose the problem.
- ASSOCIATED PRESS
Seeking to provide a house call to the ailing Hubble Space Telescope, astronauts rocketed toward the venerable scientific instrument Monday with a successful launch of space shuttle Atlantis.
During the 11-day mission, astronauts will conduct five spacewalks to repair and upgrade the 19-year-old telescope to give it an even clearer eye on the universe
http://en.wikipedia.org/wiki/Motive_(law)
Motive (law)
In law, especially criminal law, a motive is the cause that moves people to induce a certain action. Motive in itself is seldom an element of any given crime; however, the legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.
The law technically distinguishes between motive and intent. "Intent" in criminal law is synonymous with mens rea, which means no more than the specific mental purpose to perform a deed that is forbidden by a criminal statute, or the reckless disregard of whether the law will be violated.[citation needed] "Motive" describes instead the reasons in the accused's background and station in life that are supposed to have induced the crime.
Motive is particularly important in prosecutions for homicide. First, murder is so drastic a crime that most people recoil from the thought of being able to do it; proof of motive explains why the accused did so desperate an act.
http://en.wikipedia.org/wiki/Copyright_infringement
Copyright infringement
'Copyright infringement' (or copyright violation) is the unauthorized use of material that is covered by copyright law, in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.
First element: establishing ownership of a valid copyright
A plaintiff establishes ownership by authorship (by the plaintiff itself or by one who assigned rights to the plaintiff) of (1) an original work of authorship that is (2) fixed in a tangible medium (e.g. a book or musical recording). Registration is not required for copyright itself, but in most cases is a jurisdictional requirement to bring the suit. Registration is also useful because it gives rise to the presumption of a valid copyright, and eliminates the innocent infringement defense, and (if timely made) it allows the plaintiff to elect statutory damages, and be eligible for a possible award of attorney fees.
Works that are not sufficiently original, or which constitute facts, a method or process cannot enjoy copy protection.. U.S. Courts do not recognize the "sweat of the brow" doctrine, which originally allowed protection for those who labored to collect and organize facts. To combat this, business which assemble databases of information have relied on contract law where copyright law offers no protection. For a work to be original, it must possess a "modicum of creativity", which is a "low threshold" although some creativity must exist.
Copyright protects the fixed expression of ideas, but not the ideas themselves. (Ideas are protected by patents). Nevertheless, an expression must exist in a fixed tangible medium. A movie script writer who discusses a plot idea which has not yet been written would not be protected if another heard his idea and wrote a screenplay himself. Whether RAM constitutes a "fixed medium" is a contentious issue in copyright litigation because of the transitory nature of RAM.
Second element: establishing actual copying
A plaintiff establishes actual copying with direct or indirect evidence. Direct evidence is satisfied either by a defendant's admission to copying or the testimony of witnesses who observed the defendant in the act. More commonly, a plaintiff relies on circumstantial or indirect evidence. A court will infer copying by a showing of a "striking similarity" between the copyrighted work and the alleged copy, along with a showing of both access and use of that access. A plaintiff may establish access by proof of distribution over a large geographical area, or by eyewitness testimony that the defendant owned a copy of the protected work. Access alone is not sufficient to establish infringement. The plaintiff must show a similarity between the two works, and the degree of similarity will affect the probability that illicit copying in fact occurred in the court's eyes. Even then, the plaintiff must show that the copying amounted to improper appropriation.
Indeed, the US Supreme Court has held that not all copying constitutes infringement and a showing of misappropriation is necessary.
Third element: establishing misappropriation
A copyrighted work may contain elements which are not copyrightable, such as facts, ideas, themes, or content in the public domain. A plaintiff alleging misappropriation must first demonstrate that what the defendant appropriated from the copyrighted work was protectible. Second, a plaintiff must show that the intended audience will recognize substantial similarities between the two works. The intended audience may be the general public, or a specialized field. The degree of similarity necessary for a court to find misappropriation is not easily defined. Indeed, "the test for infringement of a copyright is of necessity vague." Two methods are used to determine if unlawful appropriation has occurred: the subtractive method and the totality method.
The subtractive method, also known as the "abstraction/subtraction approach" seeks to analyze what parts of a copyrighted work are protectible and which are not. The unprotected elements are subtracted and the fact finder then determines whether substantial similarities exist in the protectible expression which remains. For instance, if the copyright holder for West Side Story alleged infringement, the elements of that musical borrowed from Romeo and Juliet would be subtracted before comparing it to the allegedly infringing work because Romeo and Juliet exists in the public domain.
The totality method, also known as the "total concept and feel" approach takes the work as a whole with all elements included when determining if a substantial similarity exists. The individual elements of the alleged infringing work may by themselves be substantially different from their corresponding part in the copyrighted work, but nevertheless taken together be a clear misappropriation of copyrightable material.
http://dictionary.reference.com/browse/murder
murder
Law. the killing of another human being under conditions specifically covered in law. In the U.S., special statutory definitions include murder committed with malice aforethought, characterized by deliberation or premeditation or occurring during the commission of another serious crime, as robbery or arson (first-degree murder)
