On 01/26/2015 08:02 AM, Roland Dobbins wrote: > > On 23 Jan 2015, at 1:55, [email protected] wrote: > >> so now that the NSA's big cat is out of the basket is it possible for >> a U.S firm to sue the govt ? > > <http://en.wikipedia.org/wiki/Sovereign_immunity#Federal_sovereign_immunity> >
Additionally, one might think this gives rise to a DMCA claim by the corporation against the government, however, /Blueport v. United States/ 533 F.3d 1374 (2008) appears to have shut down that avenue pretty thoroughly. Other factual aspects of that case may provide some guidance in this scenario, as well. If this hard drive manufacturer is large enough, it is likely they have some sort of Master Agreement with the US (or a branch thereof), which may give rise to a claim under the Tucker Act, mentioned in the wiki article. However, the lawyer negotiators on the corp side would have needed to include some pretty specific language as to waiver for this to stick. K
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