Fw: [at-l] stealing

[dfaddleton@mindspring.com (David)]

----- Original Message -----
From: "David" <dfaddleton@mindspring.com>
To: <Rcli3@aol.com>
Sent: Tuesday, August 07, 2001 10:27 PM
Subject: Re: [at-l] stealing


> The short answer: Do what you're mama taught you an' you won't get in
> trouble.
> The long answer: see below
>
> "Not wanting to start a flame war, but what makes it illegal {the taking
of
> shelter registers}? Some sort of
> common law? Maine law? Federal law?
>
> My Momma taught me when I was a little bitty boy that taking something
that
> didn't belong to me without the owners permission was stealing. Stealing
is
> against the law in every jurisdiction I believe.  David maybe we could get
> your legal opinion.
>
> Jurisdiction:
> On federal property, in the absence of a federal law dealing specifically
> with the issue, the law of the state in which the federal property is
> located controls. Therefrom develops a body of specifically Federal
"common
> law" . . .
> If not federal property, the law of the state in which the property is
> located controls.
> In the absence of a state law on the subject matter, a court may look to
> custom and usage . . .
>
> Law
> A law exists governing the ownership of a shelter register. Even if I
can't
> cite chapter or verse, since I don't the know the jurisdiction involved,
and
> since I could care less about researching this issue for every state
through
> which the AT passes or every state in which is located a shelter with a
> register, together with the code of federal regulations, the united states
> code, and the cases governing any potentially applicable federal common
law
> . . . I can tell you with a straight face (thereby passing the all
important
> and generally sufficient laugh test for legal opinions) that your mama
> knows, thoroughly, the law regarding ownership of shelter registers in
> whatever jurisdiction from which the register may have been taken.
>
> Facts
> The ATC and its clubs place a register at every shelter. Some one took
that
> register and did not return it to the ATC or the club in charge of the
> shelter.
>
> Conclusion
> Someone stole the register and, if caught and subjected to due process of
> law, would be found guilty of such theft, which is usually a misdemeanor
in
> the absence of some regulation or law providing otherwise.
>
> Caveats (all lawyers, male and female, have them; if you don't believe me,
> strip one some time)
> This legal opinion does not address the question of ownership of the
> "intellectual property" contained in the stolen registers. Your mama
> probably knows the answer to this question, too.
>