In the Briefing Room a meeting is held to discuss Broht & Forrester's action.
Tuvok: "Under a strict interpretation of Federation law, Mr Broht is correct. The Doctor has no legal rights."
Doctor: "Because I'm a hologram."
Tuvok: "Yes. There is another option. We may be able to claim that the holonovel reveals classified information. Starfleet could then request that it be recalled for security purposes."

Paris: "Great idea. Cover up. Then everyone will be convinced it's a true story." Chakotay: "Could we claim defamation?" Paris: "Well, we'd have to prove that the story's about us and that we've been harmed by it."
Janeway: "We might be able to win on those grounds, but what about the Doctor?" Doctor: "What about me, Captain? It's the crew's reputations that are at risk."
Janeway: "I'm not so sure. I think it's your reputation that's on the line here. You have the same rights as every other member of this crew, and I'm not going to let this publisher say otherwise."

Janeway: "Captain's log, stardate 54748.6. A Federation Arbitrator has been assigned to determine whether the Doctor has the right to control his artistic creation. Because of our limited comtime with Earth, the arguments should take about three days."

The hearing takes place with Janeway, the Doctor and Tuvok in Voyager's Astrometrics Lab. On the other end of the connection are the Federation Arbitrator, Ardon Broht, Lt. Reginald Barclay and Admiral Paris, all seated at a table facing the main viewscreen at Project Pathfinder. Tuvok: "You claim the Doctor doesn't have a legal your right to control this holoprogram, yet you're promoting the fact that Voyager's EMH wrote it." Broht: "Our most successful children's title is a program written by Toby 'the Targ'. Fortunately Toby hasn't tried to stop me distributing any of his work." Tuvok: "But you don't deny that the Doctor is the creator of this holonovel?" Broht: "No, but a replicator created this cup of coffee. Should that replicator be able to determine whether or not I can drink it?" The Doctor rises from his seat to protest: "I object!" Janeway calms him down and he sits again: "Doctor." Tuvok: "An intriguing analogy, Mr Broht, but I have never encountered a replicator that can compose music or paint landscapes or perform micro-surgery, have you? Would you say that you have a reputation for publishing respected original works of literature?" Broht: "I like to think so." Tuvok: "And is the Doctor's holonovel such a work?" Broht: "Actually some aspects of it are quite derivative." Tuvok: "Has there ever been another work written about a hologram's struggle for equality?" Broht: "Not that I know of, but er-" Tuvok: "Then in that respect it is original?" Broht: "I suppose so." Tuvok: "Your Honour, Section Seven Gamma of the Twelfth Guarantee defines an artist as a person who creates an original artistic work. Mr Broht admits the Doctor created this program and that it is original. I therefore submit that the Doctor should be accorded all rights and privileges of an artist under the law." Arbitrator: "You've made a persuasive argument, Commander, but there's a flaw in your logic. As you point out, the law says that the creator of an artistic work must be a person. Your EMH doesn't meet that criterion." Pathfinder technician: "Sir, we're losing the link." Arbitrator: "This hearing is in recess until tomorrow."

Briefing room. Tuvok: "We're not doing well." Doctor: "is that your considered legal opinion? I'm sorry. It's just frustrating to be told I have no more legal standing than a replicator." Tuvok: "If the Doctor doesn't have the right to control his own work then it stands to reason that he never had the right to enter into an agreement with Mr Broht. We could argue that the original contract is invalid." Paris: "In other words, you want to concede the Doctor isn't a person."

Janeway: "What we need to do is prove that he's just as much a person as any of us." Doctor: "How do we do that?" Janeway: "By telling your real life-story."

The hearing about the Doctor's holonovel resumes.

Seven: "Because I was having difficulty interacting with the crew, the Doctor gave me social lessons. First he taught me how to make conversation, later how to dance. Eventually he showed me how to express romantic interest. Without his guidance I wouldn't be the person I am today."
Kim: "He decided it wasn't enough to be just a doctor, so he added command subroutines to his matrix, and now in an emergency he's as capable as any bridge officer." Arbitrator: "That only proves the Doctor's program can be modified." Kim: "Your Honour, I think it shows he has a desire to be more than he is, just like any other person."
Barclay: "He travelled halfway across the galaxy to care for Lewis Zimmerman, the man who created his program. It was like a son who wanted to show his father what he'd become, so the old man would be proud of him. And if you ask me, he was."

Janeway: "I'd made myself clear, but the Doctor disobeyed my direct orders. In the process he endangered the ship and crew." Arbitrator: "That's hardly commendable behaviour." Janeway: "No it wasn't, but it was human. Starfleet had programmed him to follow orders. The fact that he was capable of doing otherwise proves that he can think for himself. Your Honour, centuries ago in most places on Earth, only landowners of a particular gender and race had any rights at all. Over time those rights were extended to all humans and later, as we explored the galaxy, to thousands of other sentient species. Our definition of what constitutes a person has continued to evolve. Now we're asking that you expand that definition once more, to include our doctor. When I met him seven years ago, I would never have believed that an EMH could become a valued member of my crew, and my friend. The Doctor is a person, as real as any flesh and blood I've ever known. If you believe the testimony you've heard here, it's only fair to conclude that he has the same rights as any of us."

Arbitrator: "You'll have my decision in two days. This hearing is in recess."

In the Messhall Seven approaches Kim, who is sitting at a table examining a PADD, and places her isolinear chip on the table. Seven: "When you sing 'Happy Birthday' to your mother, try to stay in tune."

Kim turns and sees the isolinear chip and Seven standing there. "What's this?" Seven: "An isolinear chip entitling the bearer to three minutes of comtime tomorrow. You made it clear how important it was to finish your conversation." Kim: "I over-reacted." Seven: "I understand why you did. I've been observing the crew interacting with their families over the past few days. It's become clear to me how meaningful that communication can be." Kim gets up. He holds out the isolinear chip to her. "Thanks, but I can't accept this."

Seven: "Why not?" Kim: "You should contact your own family." Seven: "My parents were assimilated." Kim: "But there must be someone, a distant relative?" Seven: "My father has a sister on Earth - Irene Hansen." Kim: "I'm sure she'd be thrilled to hear from you."

In the Astrometrics Lab, Seven meets her aunt for the first time since she (Seven) was assimilated by the Borg when aged six. It is like making first contact and is a rather difficult time for Seven. Her aunt is delighted to see her. Aunt: "You can imagine my reaction when Starfleet told me to expect your call." Seven: "I experienced some apprehension myself." Aunt: "You seem like a lovely young woman, but you were the most stubborn six-year old I've ever met. Your parents left you with me for a weekend and you were so angry you locked yourself in my guest room and refused to come out." Seven: "That must have been inconvenient for you." Aunt: "Oh I coaxed you out, eventually, with a strawberry tart." Seven: "I'm very fond of strawberries. I didn't realise I'd eaten them as a child." Aunt: "You couldn't get enough of them. Of course you didn't hesitate to point out if they weren't perfectly ripe." Seven: "I'm sorry if I insulted you. Perhaps I shouldn't have called." Aunt: "No, I'm very glad you did. It's wonderful to see you again, Annika."

Project Pathfinder laboratory at Starfleet Headquarters, Earth. The Federation Arbitrator gives his decision: "We're exploring new territory today, so it is fitting that this hearing is being held at Pathfinder. The Doctor exhibits many of the traits we associate with a person - intelligence, creativity, ambition, even fallibility, but are these traits real or is the Doctor merely programmed to simulate them? To be honest, I don't know. Eventually we will have to decide, because the issue of holographic rights isn't going to go away. But at this time I am not prepared to rule that the Doctor is a person under the law. However, it is obvioius he is no ordinary hologram and while I can't say with certainty that he is a person, I am willing to extend the definition of 'artist' to include the Doctor. I therefore rule that he has the right to control his work and I'm ordering all copies of his holonovel recalled immediately." Broht: "Your Honour!" Arbitrator: "This hearing is adjourned."

Barclay: "Congratulations, Doctor." Doctor: "Thank you, Reg." Admiral Paris: "We'll be in touch, Captain."
Once the connection with Earth is ended, Janeway tells the Doctor: "You don't look like someone who's just struck the first blow for the rights of holograms."
Doctor: "I don't mean to sound ungrateful, but it feels like a hollow victory, pardon the pun. The program's already been played by thousands of people. The damage is done." Janeway: "We'll survive." Paris: "If I'm not mistaken, don't you have a holonovel to revise?" Doctor: "You think I'll be able to find another publisher?" Janeway: "If there's one thing I've learned about you, Doctor, is that you can do just about anything you set your mind to."

Four months later, in the Alpha Quadrant, at a Federation Dilithium Processing Facility.....

......an EMH Mark 1 enters a dilithium mining area, his dilithium-extracting pick-cum-shovel in hand. He approaches another EMH Mark 1 who is holding a lump of mined rock. First EMH Mark 1: "Time for your diagnostic. Report to the hololab." Second EMH Mark 1: "I know the routine." First EMH Mark 1: "And while you're there, do yourself a favour. Ask the operator to run program 47-beta." Second EMH Mark 1: "Why, what is it?" First EMH Mark 1: "It's called Photons Be Free. It's quite provocative."

The second EMH Mark 1 heads off. The camera pans across the mine and we see several more EMH Mark 1s at work. These are just some of the hundreds of holograms to whose menial existence the Doctor's holonovel draws the attention of organics.

camera pans across the mine with 11 former EMH Mark 1s mining/processing dilithium

T H E      E N D

 

Thanks to Tickie's Web Page Themes for the background set Celestial Swag and for customising it for me. For this page set Tickie was voted first place in September 2000's Imagination Unlimited competition.