Captain's log, stardate 42523.7
We are en route to the new Starbase 173 for port call.
Crew rotation is scheduled
and we will off-load experiment modules.
That's my chair. My luck is lousy unless I start on the dealer's right.
- That seems to be superstition. - Experience teaches me it's a truth.
The game is five-card stud, nothing wild, ante up.
This game is very simple.
With only 52 cards, 21 of which I will see,
and five players, there are limited winning combinations.
There's more to this than the cards.
Of course. The bets indicate the strength of each hand.
Time to pluck a pigeon!
A seven and a six, the ace.
- I bet ten. - See that.
Yeah, me too. I'm out.
I bet five.
Your five. And five.
Too rich for me.
I bet... ten.
Your ten and ten.
Is that what is known as a "poker face"?
Playing or not?
- You had nothing! - He bluffed you, Data.
It makes little sense to bet if you cannot win.
I did win. I was betting that you wouldn't call.
- How could you tell? - Instinct, Data.
The game is seven card high/low with a buy on the last card.
And just to add interest, the man with the axe takes all.
Phillipa Louvois. And back in uniform.
It's been ten years, but seeing you again like this makes it seem 50.
If we were alone, know what I'd like to do?
- Bust a chair across my teeth? - After that.
Ain't love wonderful?
Space, the final frontier.
These are the voyages of the Starship Enterprise.
Its continuing mission, to explore strange new worlds,...
..to seek out new life and new civilizations,...
..to boldly go where no one has gone before.
So, ... what are you doing out here?
I am in charge of the 23rd Sector JAG office. We're brand new.
I have no staff, but one terrified little ensign.
Hopefully we can make some good law here.
Anything is possible. So you came back to Starfleet?
The most worthwhile place to be.
- You had no reason to leave. - They forced me out.
No. That was your own damn stubborn pride.
When I prosecuted you in the court martial, I was doing my job.
You did more than that, you enjoyed it.
Not true. A court martial is standard procedure when a ship is lost.
It was my duty as a Judge Advocate General.
You enjoy the adversarial process more than getting at the truth.
I hope you've learned a little wisdom along the way.
You know, I never thought I would say this, ...
..but it's good to see you again.
It brings a sense of order and stability to my universe
to know that you're still a pompous ass.
And a damn sexy man.
- Admiral. - Capt Louvois. You know Capt Picard?
Yes. We're old... friends. Excuse me.
Picard, call me. You can buy me dinner.
Captain, good to see you again.
- May I introduce Cmdr Bruce Maddox? - Commander.
He has an interesting proposal,
but it can wait. I'm eager to see the Enterprise.
Yes, sir. This way.
Admiral on the bridge.
I'm surprised at the decision to put a base so close to the Neutral Zone.
We've had disturbing news from both sides of the Zone.
We're here to respond when needed.
And it won't hurt to have the Romulans know that we're nearby.
I thank you for this opportunity.
For 500 years, every vessel named Enterprise has become a legend.
This one is no different.
Yes. Captain, Cmdr Maddox is here to work on your android.
Please take care of him.
How have you been, Data?
My condition does not alter with time, Commander.
You two are acquainted?
I evaluated Data when it applied to the Academy.
And was the sole committee member to oppose my entrance,
because I was not a sentient being.
What exactly will this work entail?
I am going to disassemble Data.
Alright, explain this procedure.
Ever since I saw Data at the entrance evaluation at Starfleet Academy,
I've wanted to understand it.
I became a student of the works of Dr Noonien Soong, Data's creator,
and I've tried to continue his work.
I believe I am close to a breakthrough
that will enable me to duplicate Dr Soong's work
and... replicate this.
But as a first step, I must disassemble and study it.
Data is going to be my guide.
It sounds intriguing.
- How will you proceed? - I'll run a full diagnostic on Data,
evaluate its current software,
then dump its core memory into the starbase computer
and begin a detailed analysis of its construction.
You've constructed a positronic brain?
You know how the electron resistance
across the neural filaments can be resolved?
That would seem a necessary first step.
I am confident I will find the answer
once I examine the filament links in your anterior cortex.
If the answer is not forthcoming,
your model will not function.
I do not anticipate any problems.
You seem a little vague on specifics.
What are the risks to Cmdr Data?
Captain, I believe his basic research lacks the specifics necessary
to support an experiment of this magnitude.
Cmdr Data is a valued member of my bridge crew.
Based on what I've heard,
I cannot allow Cmdr Data to submit himself to this experiment.
I was afraid this might be your attitude, Captain.
Starfleet's transfer orders,
separating Cmdr Data from the Enterprise and reassigning it
to Starbase 173 under my command.
Data, I will see you in my office tomorrow at 0900 hours.
You sent for me, sir.
Data, please sit down.
Well, we have a problem.
I am in complete agreement with that assessment, sir.
Your service to this ship has been exemplary.
I don't want to lose you.
I will not submit to the procedure, sir.
I understand your objections.
But I have to consider Starfleet's interests.
What if Cmdr Maddox is correct,
that it is possible many more beings like yourself could be constructed?
Sir, Lt La Forge's eyes are far superior to human eyes. True?
Then why are not all human officers required
to have their eyes replaced with cybernetic implants?
It is precisely because I am not human.
That will be all, Mr Data.
Computer, pull all relevant information
regarding Starfleet regulations on the transfer of officers.
My God, twice in as many days.
- I need your help. - An historic moment.
I have tried to make sense of this gobbledegook,
but it's beyond me. The fact is, my android officer, Data,
is being transferred compulsorily to be part of a dangerous,
ill-conceived experiment. I want it stopped.
He can refuse to undergo the procedure, but not the transfer.
Once this Maddox has... got control of Data,
anything could happen. I don't trust that man.
We agree to certain risks when we join Starfleet.
Yes. Acceptable risks, justified risks.
But I can't accept this. It's unfair. He has rights.
All this passion over a machine?
This is important to me.
Is there an option?
There is always an option.
He can resign.
So you came to me for help?
Yes. I came to you. You're the JAG officer for this sector.
- I had no choice but to come to you. - Wait.
I didn't mean it that way.
I'm glad you felt you could... well, come to me.
The word "trust" just isn't in your vocabulary, is it?
- Good try. Top marks for effort. - I wish things were different.
I wish I could believe that.
"When in disgrace with fortune and men's eyes,
I all alone be weep my outcast state."
Is it just words to you? Or do you fathom the meaning?
Is it not customary to ask permission to enter an individual's quarters?
I thought that we could talk, that I could try to... persuade you.
Your memories and knowledge will remain intact.
Reduced to the mere facts of the events.
The substance, the flavour of the moment, could be lost.
Take games of chance.
- Games of chance? - Yes.
I had read and absorbed every treatise and book on the subject.
I was well prepared for the experience.
Yet, when I finally played poker,
I discovered that the reality bore little resemblance to the rules.
And the point being?
I believe it is possible to download information from a positronic brain,
but I do not believe you can preserve the essence of those experiences.
There is an ineffable quality to memory
which I do not believe can survive your procedure.
I had rather we had done this together.
But one way or the other, we are doing it. You are under my command.
No, sir, I am not under yours, nor anyone else's command.
- I have resigned from Starfleet. - Resigned?
You can't resign.
I regret the decision, but I must.
I am the culmination of one man's dream.
This is not ego or vanity, but when Dr Soong created me,
he added to the substance of the universe.
lf, by your experiments, I am destroyed,
something unique, something wonderful will be lost.
I cannot permit that.
I must protect his dream.
And so must I.
But keep packing, because one way or the other you will be reporting.
Captain's log, supplemental.
Cmdr Bruce Maddox, thwarted by Data's abrupt resignation,
is now seeking a legal remedy for his woes.
Capt Louvois has requested my presence at those discussions.
Your response is emotional and irrational.
You endow Data with human attributes because it looks human. It is not.
If it were a box on wheels I would not face this opposition.
Overt sentimentality is not one of Capt Picard's failings, trust me.
I will tell you again, Data is a valued member of my crew,
an outstanding bridge officer.
If I am permitted to make this experiment,
our horizons become boundless.
Consider, every ship in Starfleet with a Data on board.
Utilizing its extraordinary capabilities,
our hands and eyes in dangerous situations...
You're preaching to the choir here. Get to the point.
Data must not be allowed to resign.
Data is a Starfleet officer with certain rights.
I'm sick to death of hearing about rights!
What about my right not to have my life's work subverted by ignorance?
We have laws. You cannot experiment with people to prove your theories.
- Thank you. - Now you're doing it.
Data is an extraordinary piece of engineering, but it is a machine.
If you permit it to resign, it will destroy years of work in robotics.
Starfleet need not allow the resignation.
Commander, who do you think you work for?
Starfleet does not ignore its own regulations
when they become inconvenient. Like it or not, Data does have rights.
Let me put it another way.
Would you permit the Enterprise computer to refuse a refit?
That's an interesting point. But the computer is property.
- Is Data? - Of course.
There may be law to support this.
Then find it. A ruling with such broad implications must be supported.
I hope you will use the same zeal
that you did in the Stargazer court martial.
Data, you're supposed to rip the wrapping off.
With the application of a little care, Wes,
the paper can be utilized again.
You're missing the point.
The Dream of the Fire by K'Ratak. Thank you, Worf.
With the Klingons, the novel attained its full stature.
I couldn't disagree more. We'll save that argument for another day.
Excuse me, please.
Is something wrong?
Of course there is. You're going away.
No one regrets that necessity more than I.
You do understand my reasons?
Sure, I understand.
I just don't like you being forced out. It's not fair.
As Dr Pulaski would no doubt remind us, life is rarely fair.
Sorry, that doesn't make it any better.
I shall miss you, Geordi.
Take care of yourself, Data.
I have completed my research,
based on the Acts of Cumberland passed in the early 21st century.
Data is the property of Starfleet.
He cannot resign or refuse to cooperate with Cmdr Maddox.
- What if I challenge this ruling? - Then we must hold a hearing.
- I so challenge. Convene a hearing. - Captain, that would be difficult.
This is a new base, I have no staff.
But surely you have regulations to take care of such an eventuality.
There are. I can use serving officers as legal counsel.
You, as senior officer, would defend.
The unenviable task of prosecuting would be yours, Commander,
as the next most senior officer on the ship.
I can't. I won't. Data is my comrade. We have served together.
I not only respect him, I consider him my friend.
When people of good conscience have an honest dispute,
we must still sometimes resort to such an adversarial system.
You want me to prove Data is a mere machine. I can't. I don't believe it.
I know better. I'm neither qualified nor willing.
You'll have to find someone else.
Then I rule summarily based on my findings.
Data is a toaster. Have him report to Cmdr Maddox for experimental refit.
I see. I have no choice but to agree.
Good. And I expect you to do your duty in court.
If I find you are not doing your best, I will end this then and there.
You don't have to remind us of our duty.
I have never forgotten it.
Not then and certainly not now.
Data, Capt Louvois has issued a ruling.
You are the property of Starfleet Command. You cannot resign.
I see. From limitless options I am reduced to none.
Or rather, one. I hope Cmdr Maddox is more capable than it appears.
Data, don't submit. We're going to fight this.
I challenged the ruling. Capt Louvois will be compelled to hold a hearing.
She may be overly attached to the letter of the law,
but I suspect she still understands its spirit.
We will put to rest any question of your legal status once and for all.
I have been asked to represent you, but if you prefer another officer...
Captain, I have complete confidence in your ability to represent me.
Computer, identify Riker, William T.
Access code, theta alpha 2737, blue, enable.
Riker, William T, identified. Ready.
Access all available technical schematics
on Lt Cmdr Data.
This hearing, convened on stardate 42527.4,
is to determine the legal status of the android, Data.
The Judge Advocate General has rendered a finding of property,
the defence has challenged. Cmdr Riker?
Your Honour, there is one issue, one relevant piece of evidence.
I call Lt Cmdr Data.
Verify. Lt Cmdr Data.
Current assignment, USS Enterprise.
- Starfleet Command decoration... - We'll stipulate to all of this.
Objection, Your Honour.
I want this read. All of it.
.. Valour and Gallantry, Medal of Honour with Clusters,
Legion of Honour, the Star Cross.
- Commander, what are you? - An android.
Webster's 24th Century Dictionary Fifth Edition defines an android
as an automaton made to resemble a human being.
"Automaton." "Made." By whom?
- Sir? - Who built you, Commander?
Dr Noonian Soong.
- He was...? - The foremost cybernetics authority.
More basic than that. What was he?
What is your memory capacity and how fast can you access information?
I have an ultimate storage capacity is 800 quadrillion bits.
My total linear speed has been rated at 60 trillion operations per second.
Your Honour, I offer prosecution's exhibit A, a rod of par-steel,
tensile strength, 40 kilobars.
- Commander, can you bend that? - Objection!
Many life forms possess mega-strength. This is not relevant.
I can't agree, Captain. Proceed with your demonstration.
Drawing on the construction log of the prototype android, Lore,
also made by Noonian Soong, I request to be allowed...
..to remove Data's hand for inspection.
It doesn't matter.
The Commander is a physical representation of a dream,
an idea conceived of by the mind of a man.
Its purpose is to serve human needs and interests.
It's a collection of neural nets and heuristic algorithms.
Its response is dictated by elaborate software written by a man,
its hardware built by a man. And now...
Now a man will shut it off.
Pinocchio is broken. Its strings have been cut.
I request a recess.
Do you mean his argument was that good?
His presentation was devastating. He almost convinced me.
You've got the harder argument.
By his own admission, Data is a machine.
You're worried about what will happen to him?
I've had to send people on far more dangerous missions.
Then this should work out fine.
Maddox could get lucky and create an army of Datas, all very valuable.
- Yes, no doubt. - He's proved his value to you.
In ways that I cannot even begin to calculate.
And now he's about to be ruled the property of Starfleet.
That should increase his value.
In what way?
In the history of many worlds
there have always been disposable creatures.
They do the dirty work.
Work that no one else wants to do, because it's too hard, too hazardous.
With an army of Datas, all disposable,
you don't have to think about their welfare, or about how they feel.
Whole generations of disposable people.
You're talking about slavery.
I think that's a little harsh.
I don't think that's harsh, I think that's the truth.
A truth that we have obscured behind...
..a comfortable, easy euphemism.
But that's not the issue at all, is it?
Cmdr Riker has dramatically demonstrated to this court
that Lt Cmdr Data is a machine.
Do we deny that? No. Because it is not relevant.
We too are machines. Just machines of a different type.
Cmdr Riker has also reminded us
that Lt Cmdr Data was created by a human.
Do we deny that? No. Again it is not relevant.
Children are made from the building blocks of their parents' DNA.
Are they property?
I call Lt Cmdr Data to the stand.
- What are these? - My medals.
Why do you pack them? What purpose have they?
I do not know, sir. I suppose none.
I just wanted them. Is that vanity?
- And this? - A gift from you, sir.
You value it?
- Yes, sir. - Why?
It is a reminder of friendship and service.
And this? You have no other portraits of crew members.
Why this person?
I would prefer not to answer that question, sir. I gave my word.
In the circumstances, I don't think Tasha would mind.
She was special to me, sir.
Thank you, Commander. I have no further questions for this witness.
Cmdr Riker, do you want to cross?
I have no questions, Your Honour.
Thank you. You may step down.
I call to the stand Cmdr Bruce Maddox as a hostile witness.
Verify. Maddox, Bruce, Commander.
Current assignment, Associate Chair of Robotics, Technological Institute.
- Major papers... - Yes, he's an expert. Commander,
is your contention that Lt Cmdr Data is not a sentient being
and thus not entitled to all the rights
reserved for all life forms in this Federation?
Data is not sentient, no.
Would you enlighten us? What is required for sentience?
Intelligence, self-awareness, consciousness.
Prove to the court I am sentient.
This is absurd! We all know you're sentient.
So I am sentient but Cmdr Data is not?
- That's right. - Why?
- Why am I sentient? - Well, you are self-aware.
That's your second criterion.
Let's deal with the first, intelligence.
- Is Cmdr Data intelligent? - Yes.
It has the ability to learn and understand and to...
- ..cope with new situations. - Like this hearing?
What about self-awareness? What does it mean? Why am I self-aware?
Because you are conscious of your existence and actions,
you are aware of yourself and your own ego.
Cmdr Data, what are you doing now?
Taking part in a hearing to determine my rights and status.
- Am I a person or property? - And what's at stake?
My right to choose. Perhaps my very life.
"My status." "My right to choose."
It seems reasonably self-aware to me.
This is exceedingly difficult.
Do you like Cmdr Data?
I don't know it well enough to... like or dislike it.
- But you admire him? - Yes.
- It is an extraordinary piece of... - Engineering, programming, you said.
You have devoted your life to the study of cybernetics?
- And Cmdr Data in particular? - Yes.
- Now you propose to dismantle him. - To learn from it and make more.
- How many more? - As many as are needed.
Hundreds, thousands if necessary.
There is no limit.
A single Data - and forgive me, Commander - is a curiosity.
A wonder, even. But thousands of Datas...
Isn't that becoming...
And won't we be judged by how we treat that race?
Now tell me, Commander, what is Data?
- I don't understand. - What is he?
- A machine. - Are you sure?
- Yes. - He met two criteria for sentience.
What if he met the third? Consciousness. What is he then?
I don't know. Do you?
That's the question you have to answer.
A courtroom is a crucible where we burn away irrelevancies
until we are left with a pure product, truth, for all time.
Sooner or later, this man or others like him
will succeed in replicating Cmdr Data.
The decision you reach today will determine how we will regard this...
..creation of our genius.
It will reveal what people are, what he is destined to be.
It will reach beyond this courtroom and this one android.
It could redefine the boundaries of personal liberty and freedom,
expanding them for some,
savagely curtailing them for others.
Are you prepared to condemn him and all who come after to slavery?
Your Honour, Starfleet was founded to seek out new life.
Well, there it sits!
You wanted a chance to make law. Here it is. Make it a good one.
It sits there looking at me, and I don't know what it is.
This case has dealt with metaphysics,
with questions best left to saints and philosophers.
I am neither competent nor qualified to answer those.
I've got to make a ruling,
to try to speak to the future.
Is Data a machine? Yes.
Is he the property of Starfleet?
We have all been dancing around the basic issue.
Does Data have a soul?
I don't know that he has. I don't know that I have.
But I must give him the freedom to explore that question himself.
It is the ruling of this court
that Lt Cmdr Data has the freedom to choose.
I formally refuse to undergo your procedure.
I will cancel the transfer order.
And Commander, continue your work.
When you are ready, I will still be here.
I find some of what you propose...
You didn't call him "it".
You see? Sometimes it does work.
- Dinner? - Are you buying?
Sir, there is a celebration on the holodeck.
I have no right to be there.
- Because you failed in your task? - God, no, I was that close to a win.
- Yes, sir. - I almost cost you your life.
Is it not true that had you refused to prosecute,
Capt Louvois would have ruled against me?
That action injured you
and saved me.
I will not forget it.
You're a wise man, my friend.
Not yet, sir. But with your help, I am learning.