<html>
<head>
<meta content="text/html; charset=windows-1252"
http-equiv="Content-Type">
</head>
<body bgcolor="#FFFFFF" text="#000000">
<br>
<div class="moz-cite-prefix">On 01/26/2015 08:02 AM, Roland Dobbins
wrote:<br>
</div>
<blockquote
cite="mid:0D0695D2-ECE6-499C-8068-8F7CB409DCC4@arbor.net"
type="cite">
<br>
On 23 Jan 2015, at 1:55, <a class="moz-txt-link-abbreviated" href="mailto:darkpassenger@unseen.is">darkpassenger@unseen.is</a> wrote:
<br>
<br>
<blockquote type="cite">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 ?
<br>
</blockquote>
<br>
<a class="moz-txt-link-rfc2396E" href="http://en.wikipedia.org/wiki/Sovereign_immunity#Federal_sovereign_immunity"><http://en.wikipedia.org/wiki/Sovereign_immunity#Federal_sovereign_immunity></a>
<br>
</blockquote>
<br>
Additionally, one might think this gives rise to a DMCA claim by the
corporation against the government, however, <i>Blueport v. United
States</i> 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.<br>
<br>
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.<br>
<br>
K<br>
<br>
<br>
</body>
</html>