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Journal of Geoethical Nanotechnology

Charlie Fairfax v. BINA48, (MD Ala. 2006)
Plaintiff’s Brief

Will Rosellini, J.D.

Page 4 of 4

HOLDING:

Judge Gene Natale: “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.”

CONCLUSION:

Judgment stayed pending independent reports on examination of BINA48 from three experts in the field of Artificial Intelligence.

Citations

International Shoe Company v. Washington, 326 U.S. 310, 316 (1945)

www.law.cornell.edu/supct/html/historics/
USSC_CR_0326_0310_ZS.html January 26, 2007 11:32 AM EST

Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985)

http://supreme.justia.com/us/471/462/index.html January 26, 2007 11:33 AM EST

Ala. R. Civ. P. 4.2(a)(2)(I)

http://www.serve-now.com/resources/process-serving-laws/Alabama/#39

January 26, 2007 11:40 AM EST

Martin v. Robbins, 629 So.2d 614, 617 (Ala. 1993)

Calder v. Jones, 465 U.S. 783 (1984)

http://www.lex2k.org/jurisdiction/calder.html January 26, 2007 12:52 PM EST

Calder v. Jones, 104 S.Ct. 1482 (1984)

http://www.bookrags.com/wiki/Calder_v._Jones January 26, 2007 12:54 PM EST

Professor Gene Natale, J.D., CPA, Moot Court Justice

Professor Natale’s appointments include: Summer Assistant U.S. Attorney; Assistant District Attorney; Examining Attorney for the Department of Investigations; Village Board Trustee and Associate Village Justice; and over the past ten years, he has taught hundreds of Paralegal and Business Law classes at Keiser College in Melbourne, Florida.

Will Rosellini, J.D., MBA, MS, Dallas, TX
Attorney for the Plaintiff: Charlie Fairfax

Mr. Rosellini currently holds a JD, MBA, an MS in Accounting and is working to complete a dual Master’s in Computational Biology and Neuroscience. He is also the 2005 winner of the Foley and Lardner Intellectual Property Writing Competition.

Charlie Fairfax, Plaintiff

Fictional character, Charlie Fairfax, a Foreign War Veteran and right-arm amputee, is creatively portrayed by Mr. Bon Martin, IT Personnel, Terasem Movement, Inc., Florida.

Susan Fonseca-Klein, Esq., San Francisco, CA
Attorney for the Defendant: BINA48

Mrs. Fonseca-Klein is an attorney and CEO of the consulting firm, FONSECA LLC and Co-Founder of the Immortality Institute, San Francisco, CA whose main mission is to conquer the blight of involuntary death.

BINA48, Defendant, Conscious Computer

(Breakthrough Intelligence via Neural Architecture, 48 exaflops per second), Conscious Computer, a transbeman entity (a person embodied in a computer), created in 2002 by the fictional Exabit Corporation.

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