Text 9879, 79 rader
Skriven 2008-01-15 17:16:35 av Roy Witt (1:397/22)
   Kommentar till text 9845 av Ward Dossche (2:292/854)
Ärende: Myths
=============
15 Jan 08 12:25, Ward Dossche wrote to Dan Ceppa:


 DC>WD>> A company was created several years ago in the US "RMS Titanic
 DC>WD>> Inc".
 DC>WD>>
 DC>WD>> It argued in a case in front of a US court that they should be
 DC>WD>> the rightful owners of the salvage rights of the wreck. That US
 DC>WD>> court

 DC>> The slavage rights were given to that compamy by a *French* court.

 WD> The salvage rights were in 1993 awarded to RMS Titanic Inc. by the US
 WD> District Court in Norfolk Virginia, judge Calvitt Clarke jr.
 WD> presiding.

Which had jurisdiction under International Maritime Salvage law.

 WD> That included anyone being barred from diving on the wreck
 WD> as well as taking photographs or video ... how twisted can the mind
 WD> be.

Nonsense...IMS statues say that anyone may dive on the salvage, but they
may not remove any property.

 WD> It effectively set up a zone of 168 square miles where 2.5 miles
 WD> deep no photos nor videos could be taken.

BS...you should consult your library for International Maritime Law and
read the rights of salvage under international agreements.

 WD> And you wonder why we sometimes need to decide between laughing or
 WD> crying with the US justice system?

The US justice system abides by International law in this case. There are
but few International Maritime courts in the world, the US federal court
system being one of them. France is another.

 WD> In 1994 the 4th US Circuit of Appeals ruled negative on the
 WD> photograph and video issue. The ownership ruling of the salvage
 WD> rights, argued in an American court about British property (as per
 WD> IMO-regulations), stands.

Wrong. The owners of the Titanic, White Star line, gave up the rights to
ownership when they filed a Limitation of Liability, in 1912. In that
filing, they limited there liability to $94,000, which consisted of $3000
in life boats and 'pending freight' of $91,000 (paid for by insurance).
Therefore, the families of the deceased passengers, as well as the
surviving passengers who lost their personal belongins, were entitle to
split the $94,000 value of the lifeboats and pending freight. This in
essence relieved the owners of liability and ownership.

 DC>> You really need to keep up.  Almost exactly a year ago, US courts
 DC>> ruled against RMS Titanic Inc as to who owns the salvage rights.

 WD> You do understand the difference, I hope, between "salvage rights"
 WD> and "ownership of salvaged artifacts", do you?

There's a big difference if the wreckage is in international waters.

 WD> Hmmm ... obviously not then ...

 DC>> The US Navy takes the position that it retains custody of thre
 DC>> vessels.  As such, they are not considered abandoned and are
 DC>> ineligble for salavage unless the US authorizes that a company
 DC>> may proceed with salvage.

 WD> The USS Indianapolis is decommissionned ... hence officially
 WD> abandoned.

Yeup...and you're not the one who will be given salvage rights to that
ship.

                R\%/itt



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