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Offline FlowerOfTheSea
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« Reply #20 on: March 04, 2012, 09:31:45 am »
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I agree that any country that had any rights to it, would be the countries it was taken from. I believe the state of Florida used to take about a 30% cut or so. Texas of course, is a little Spain. It's been too long since I read this, but maybe Mel Fisher or someone found a sunken galleon off the shore in Texas and would have had to give 100% to Texas, with no recovery fee, so they let it stay there.

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Offline cholo manaba
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« Reply #21 on: March 04, 2012, 09:58:24 am »
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I accept that by calling Odyseey a thief was too fast, however there are two main points of discussion here:

1. It is a moral liability to return things to their rightfull owner(s) or their descendants, or at least try to do so. Isn't is one of our own code of ethics to restore found things to the owner? Even after spending gas, time, effort, LICENSE, food, drinks, cost of metector, tools used, etc. etc.

2. In point one I capitalized the word LICENSE, because legally all activities made by humans (except eating and sleeping) have to have a license, permit, claim, etc. Odyssey operates by law, they investigate history (as most of us do), locate a treasure by exploring, MAKE A CLAIM OVER IT (before pulling it out), and then surface it. During the claiming process many things are involved: Odyssey could make an agreement with any of the parts involved (country of origin, country of destination, nearby country, country of rescuer), or just take it and run (here is where they can be called thieves). I understand this is a point where most countries of the world have signed an agreement about claims of goods found in international waters after a period of time. I clearly adventure to state that the judge was BRIBED into granting the ownership to Spain, overseeing Odyssey's previous claim. Now, I think not all parts were notified of the treasure. That's a glitch.

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Offline JCPinCt
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« Reply #22 on: March 04, 2012, 10:20:21 am »
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On the Black Swan, as Odyessy called it, it is a possibility that they knew it was the Mercedes, but they said they didn't know what ship it was. Therefore naming it the Black Swan. Now if they did this in deceit, then they were wrong right from the start and deserve in many ways to lose it.  But if they truly didn't know the ships ID, then who were they to notify? Spain, or a country in South America, or the US govt., any one of them would have said 'it is ours' and wanted a large cut or all of it. The other problem is, most countries including Spain, don't have the equipment or resources to salvage a ship, as Odyessy does. I honestly think they did do their research and figured it was the Mercedes at salvage time. That is why they just chalked it up as a take that didn't work, and took the loss.    

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Offline kayakpirate
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« Reply #23 on: March 04, 2012, 10:54:19 am »
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 They should have thrown it all back in the water and tell Spain to go and get it.  The treasure on board belongs to Peru anyway.

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« Reply #24 on: March 04, 2012, 11:06:23 am »
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LOL the Mariana Trench would be good! Shocked

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« Reply #25 on: March 04, 2012, 11:15:56 am »
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Maybe most of us would agree that Spain didn't deserve it, but I think that the court and even Odyessy would agree it would serve a better purpose to help a country deep in financial trouble, then it would be by throwing it were no one will ever find it. If Spain were at least decent about it, they might award a salvage award to Odyessy for the money they spent. I wouldn't bet on it, but only time will tell.

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Offline FlowerOfTheSea
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« Reply #26 on: March 04, 2012, 11:25:33 am »
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It looks like any government would be happy to share, just so they would get the sudden influx of money. Like Cholo said, In all rights the country of origin deserves it, imo., but, still it would be lost forever if someone hadn't gone to a lot of trouble and expense to find it. The finders deserve the lion's share. And JCPinCt, although most countries don't have the equipment or resources to salvage a ship, they have more resources and ability than most companies, they just aren't brave enough to take the risk. They should take their own chances and fund their own search and recovery it they want it all and are unwilling to share. I suppose most governments buy services from their people, like the U.S.. Government contracts for roadwork, building construction, and I propose now, search and recovery of treasures lost at sea and land.

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« Reply #27 on: March 04, 2012, 11:34:05 am »
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True, most countries could hire salvage companys to find and salvage a wreck, but many such as Spain, don't have the money to do it, and I agree, don't want to take the risk of getting nothing in return if it can't be found. Of course Spain knew where this wreck was, ahhmmm, and the moon is made of silver too. Grin

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Offline dennisj42003
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« Reply #28 on: March 04, 2012, 12:23:31 pm »
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I have to agree with kayakpirate.   The very least that spain should have done was to cover the salvage expenses.  Otherwise, toss it back into the sea and let Spain find it for themselves. 

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Offline Gramps43
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« Reply #29 on: March 04, 2012, 05:02:02 pm »
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Cholo... I would suspect that the State Department had a lot to do with the judge’s decision and he probably didn't have the spinal fortitude to tell state to butt out and then again he could be an anti-capitalist uber liberal.

In the communications between OME and Spain they list the coords. as 36° 5' N & 5° 5' W which puts the search area for the Sussex on the eastern side of the straights yet the maps I have seen of the Black Swan find are on the western side of the straights south of Faro in Portuguese territory where Spain would have no jurisdiction.

I'm sorry but anything that has been lost for 300 yrs. and forgotten by the descendants if there be any should not be subject to that rule of society.  Yes if I found a watch, ring or cell phone at the beach I would attempt to find its owner as these are recent loses and still have a direct line of ownership. But anything lost at sea for 300 yrs. doesn't have that direct line of ownership and is thus subject to the finders/keepers rule.

Gramps



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