Dailydave mailing list archives
Re: Official Secret Lawlessness?
From: Kevin Neely <ktneely () astroturfgarden com>
Date: Tue, 27 Jan 2015 07:53:32 -0800
On 01/26/2015 08:02 AM, Roland Dobbins wrote:
On 23 Jan 2015, at 1:55, darkpassenger () unseen is 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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Current thread:
- Official Secret Lawlessness? darkpassenger (Jan 26)
- Re: Official Secret Lawlessness? Roland Dobbins (Jan 26)
- Re: Official Secret Lawlessness? Kevin Neely (Jan 28)
- Re: Official Secret Lawlessness? Roland Dobbins (Jan 26)