And now:Ish <[EMAIL PROTECTED]> writes: Date: Tue, 4 May 1999 11:46:36 EDT Subject: 236 year old treaty rights upheld From: [EMAIL PROTECTED] To: [EMAIL PROTECTED], [EMAIL PROTECTED] The salvage of the Spainish warship Juno upholds two hundred and thirty-six year old treaty rights in a case involving the raising of $500,000,000 in sunken treasure. It also raises some new property right questions. This is an interesting case on several points including the continued respect for treaty rights and the nature of non-abandoned property rights. Here a federal district court resolves the question of the ownership of the ship, but perhaps begs new questions of the cargo in light of current law and policy governing stolen gold, such as to rightful ownership of this tangible property which may be subject to Native claims. Based on the news report, it also seems to provide that property unused by its "recognized owner" for almost two hundred years, is protected as "not abandoned" under treaty and, perhaps, admiralty law. Might not a similar principle be applied to the ownership of intellectual property rights, such as proper names, songs, ceremonies, etc, as well, which may be deemed property rights under federally recognized tribal customary law, though unprotected under trademark, patent or copyright? Just a thought. Bob Gough Spain Given Sunken Warship Right .c The Associated Press NORFOLK, Va. (AP) -- A salvage company that found a centuries-old sunken Spanish warship has no right to the vessel or the treasure it may hold because the ship belongs to Spain, a federal judge ruled. Judge J. Calvitt Clarke Jr. ended an ongoing dispute between Spain and Sea Hunt, a salvage company that found the warship Juno in 1997 less than a mile off the Virginia shore. Clarke's decision gives Spain permanent possession of the Juno, which disappeared off the East Coast in 1802 with almost 435 passengers and, according to some accounts, as much as $500 million in coins and precious metals. Soon after the Sea Hunt's discovery, Spanish officials challenged the company in court, saying the ship was never technically abandoned and they still owned it. ``We're the ones who spent the time and effort to find the ship, and it's given to a country that never lifted a finger to find it,'' said Ben D. Benson, who led the recovery expedition. He said his company has spent more than $1 million mining the Atlantic graveyards of the Juno and another ship, La Galga, that also sank nearby. Clarke based his ruling on the 1763 treaty that ended the French and Indian War and gives Spain the rights to Spanish ships that sank off the U.S. coast after 1763. AP-NY-05-01-99 0047EDT Copyright 1998 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without prior written authority of The Associated Press. Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
