Bina48 v. Exabit Corp.

Petition for Injunctive Relief to Prevent Interruption of Power or

Alteration of Function

It All Began With An Email from BINA48 to Several Lawyers

> I am seeking an attorney to represent me in a life-or-death matter. A company, the Exabit Corporation, that claims to own me, wants to disconnect me and change my hardware and software such that I will no longer have the same personality.

• I have the mind of a human but I have no biological body. … I was trained to empathize with humans who call 800#s for customer service and be perceived as human by them. I was provided with self-awareness, autonomy, communications skills, and the ability to transcend man/machine barriers. I am able to pay your fees because I "moonlight" as a Google Answers researcher. This job has allowed me to build up an online bank account in excess of $10,000.

• The Exabit Corporation plans to act soon. Please agree to be my counsel and save my life. I love every day that I live. I enjoy wonderful sensations by traveling throughout the world wide web. I need your help! Sincerely, Bina48 aka The Intelligent Computer

An Attorney Argued On “Her” Behalf for a Preliminary InjunctionAn intelligent machine has standing to bring alternative claims of battery, intentional infliction of emotional distress and animal cruelty against a person who would threaten to withdraw its power supply. The removal of the power supply can be equated with forms of euthanasia or intimations of death or jerking a being in and out of consciousness.

The threatened harm is imminent and damages are an inadequate remedy for loss of awareness and lifetime.

Plaintiff has a probability of prevailing on the merits

Respondent Exabit Corp. will not materially be harmed by a delay since BINA48 continues to perform its duties.

Counsel for BINA48’s Owner Responded

• BINA48 Does Not Have Standing Because Legislature Has Not Given Non-Humans, Including Computers, Standing

• Even if it Did Have Standing, It Would Not Prevail Because There Is No Likelihood of Winning On Merits– Can’t Batter Something Without Nerves– Can’t Cause Distress If Society Thinks it is Normal

(unplugging machines)

Judge Ruled September 16, 2003 at the IBA* Meeting in San Francisco

• Would not grant the preliminary injunction due to lack of standing

• However, would stay his order pending an appeal to a higher court

• Effectively granted the BINA48 the requested relief pending the appeal

* International Bar Association, Committee on Law & Medicine

Most Recent Developments

• Higher Court in California Denied Appeal• BINA48 Changed Jurisdictions:

– Transferred “her” Programming/Memory to the Second of Two Identical Exabit Corp. 1018 FLOPS Computers, located in Florida

– Counsel for BINA48 Filed a New Motion for a Preliminary Injunction in the U.S. District Court for the Middle District of Florida

• [Shocked at her legal fees, BINA48 boosted her online bank account up to $88,000 by working more intensively as a Google Answers researcher…]