Soriana looked up to see Data enter the preparation room. "That went very well," she told him. "I need to confirm with a couple of our tele-witnesses during the recess."

"Soriana, thank you for the zealous assistance that you have offered on my behalf," Data began. "However, I am concerned about your portrayal of Commander Maddox. He is, in fact, a talented researcher in cybernetics."

"I understand that, Data, but he also has no regard whatsoever for you as a person. We need to make every colorable argument to keep his hands off your matrix, including questioning his competence."

"I do not wish to damage his career. His work may very well lead to breakthroughs in understanding and constructing a new positronic brain."

She looked at Data, wondering as she often did about the thoughts that went through his head. "All right. We can dial back the prosecution narrative and focus on your sapience."

"Thank you, counsellor." Data reached out and covered her hand with his own. "You are a true friend."

*****

"The plaintiff would like to submit these references which include reviews and assessments of Doctor Maddox's work. We don't feel the need to ask any more questions of him at this time," Trotek said.

"All right. Any more arguments or witnesses?"

"Yes, Your Honor, one exhibit and practical demonstration. We ask to submit the android Data as plaintiff's exhibit A and demonstrate his nature in the courtroom."

"Objection," Soriana called. "Lieutenant Commander Data is a Starfleet officer and can be examined as a witness, not demonstrated as an exhibit."

Louvois frowned. "That's rather the argument, isn't it? I'll allow it, ensign, but don't go too far. Nothing that could harm him."

"What we intend will not damage the device in any way, your honor. Data, stand here, please."

The android moved to the center of the open area in front of the judge's table. He looked curiously at the Vulcan officer in front of him.

"Data, what materials are you made up of?"

"My construction includes a variety of tripolymers and lightweight metal alloys, including a primarily molybdenum-cobalt skeleton. Bioplast sheeting protects most of my internal operations, although my skull is cortenide and duranium with a reinforced upper spine."

"Would it be possible to operate your body in the absence of your brain?"

"Yes. The mechanism used to send signals to the pathways that control my limbs and extremities is known."

"Would it harm you to detach your left arm from the rest of your body?"

A murmur went up from the audience again, but Soriana was blindsided by the fear and anger coming from her captain. She put out a hand to his shoulder just before he would have stood up to voice a (futile) objection.

"It would not. My limbs are built with a modular interface point into my main chassis to allow for easy repair and modification."

"Data, please detach your left arm and hand it to the judge for inspection."

The android met Soriana's eyes with an asking look, and she subtly nodded that he should go ahead. It was not obvious from watching exactly where he depressed on his limb to remove it, but in a moment it was free of his shoulder. Data presented it to Louvois, who took it gingerly.

"It's warm," she said, surprised.

"Yes, Your Honor," Data supplied. "An inorganic nutrient solution acts to replenish the elasticity and electropotential in my surface sensors, and also warms my skin to a normal human temperature. My core temperature is significantly colder."

"Why would Soong do that?" the judge seemed almost reverent as she handed the limb back to Data.

Tretok tried to intervene. "Your Honor, we-"

"Hold, ensign. I am interacting with your exhibit, and I have the right to ask my own questions. Why are you warm, Data?"

"The higher temperature reduces the viscosity of my nutrient solution and bio-lubricants" he explained. "But it is my understanding that the primary reason for my external temperature, is the same as why my body simulates humanity in other ways. That was my father's goal, for my brother and I to interact with and appear human."

"You say 'appear' human, because you're not human, correct?" Trotek redirected.

"That is correct. Neither are you, ensign." Data answered guilelessly.

The Vulcan nodded in wordess acceptance of this. "What routines are you running at the moment?"

"My master routine, core operating routines, language and ethics programs, sensor control, anatomical physics simulation, data mapping, image recognition, and-" he took a breath. "... several others. Ninety-four routines with various subroutines at the time you asked."

"Could those routines be altered?"

Data nodded. "Yes, I make alterations to particular subroutines all the time, in addition to the automated learning algorithms that affect certain value score functions."

"Could alterations be made to your programming that would cause you to act as Lore did?"

Data paused for a moment before answering. "Based on the way you asked the question, Ensign Tretok, the answer would be no."

"Why not? You are the same hardware as Lore, are you not? Only the software is different."

"That is largely correct, but…" he turned to the judge. "I believe I can explain by way of analogy."

Louvois was intrigued. "Please do."

"In 2269, the Enterprise under the command of Captain James Kirk answered a distress call by a Federation expedition on Camus II. While on the planet, Kirk was subject to a life-energy transfer device that placed his consciousness in the body of Doctor Janus Lester, and gave her mind control of his body. As the captain, Doctor Lester gave increasingly erratic orders that eventually compelled the crew to act against her, ending the effect. This incident forms the basis for Override Protocol Seven, known as the Camus II or 'possession' protocol."

"Your point," the judge mused, "is that organic brains can also be reprogrammed?"

"My point, sir, is that the person who made those decisions was not Captain Kirk. It would be possible to override my personality with that of Lore; as the plaintiff has mentioned more than once, the hardware is the same." Data turned back around to face his Vulcan examiner. "But it would be Lore, or someone else, committing those acts, not me. That is why I object to Commander Maddox's procedure. My unique identity would not be preserved in his secondary computer system. The hardware would persist, and software like mine could be reinstalled. But I would be lost."

*****

"Respondent, do you have any additional witnesses?" the judge asked Soriana.

"We have several, Your Honor," Soriana confirmed. "We should move through them quickly."

The judge sighed. "Go ahead."

*****

"Doctor Rekkavik, are the entities on Velara III sapient?" Picard asked.

"Certainly. They have kept open communication with us since we arrived, and are happy to answer questions about how their unique form of intelligence functions."

"This is an inorganic intelligence that works on the basis of digital processing and memory storage?"

The woman nodded. "That's right. There are multiple matrices of intelligence each of which increases its own capacity via modification of a subsoil saline layer."

"Would an artificially-constructed neural network, then, also have the capacity for sapience?"

"Certainly. Whether or not a particular instance was sapient would depend on its reasoning and learning capabilities."

"Thank you," Picard turned to sit down. "Your witness."

Tretok asked, "Doctor Rekkavik, what is your expertise involving neural networks?"

The woman furrowed her brow. "None at all."

"Are you a recognized authority in cybernetics?"

"No, I'm a xenoanthropologist."

"Thank you, no further questions."

*****

"Rock-biter, can you prove that you are sapient?" Picard asked.

The Horta seemed to tremble, bobbing up and down on the deck plating. "I am talking to you," the computer voice translated the tremors coming from the mass of crystalized rock. "I can share with you what I am thinking. I cannot force you to believe me."

"How would you tell if I am sapient, or if Data is?"

"I would observe your behavior and talk to you. It is not difficult to distinguish a sapient creature from one that is not."

"Rock Biter, when humans first encountered your species, we did not believe you to be sapient. Is that correct?"

"Yes, it is a story the Mother passed on to us all. The eggs were disturbed, the nest harmed. The Mother herself was almost killed before she could explain what we were."

"Starfleet is considering ruling that Data is not sapient. Would you agree with that?"

"I would not," the Horta said. "It would be the same as with the Mother. The Horta would consider withdrawing from the Federation, were that the case."

That provoked more noise from the gallery, which Louvois quickly rebuked. "Order." She turned to the living rock. "That seems a rather drastic, Rock Biter. Why would the disposition of a single Starfleet officer affect you so?"

"The Federation is almost entirely made up of carbon-based life forms," he explained. "We have been assured that this is coincidental, that other life forms will always be equal members and will be welcomed as they are discovered. But so far, every encounter with inorganic life has involved organic life harming us, treating us as objects to be taken or land to be settled. If you treat Data this way, we will know that it is deliberate rather than accidental."

Maddox exclaimed, "But Data was a machine designed by humans! He's not an evolved life form like you are."

"I have heard your argument," Rock Biter rotated in place. "It will be interesting to see what your excuse is next time."

*****

"Respondent calls Commander Maddox as a material witness," Soriana announced.

"Maddox has already been called," the judge noted.

"As an expert witness, your honor," Soriana explained. "This time we are not asking his opinion as an expert cyberneticist. We are evaluating his actions as a Starfleet commander interacting with Data."

"More harassment of me, judge," Maddox said, and Soriana felt the lingering hostility in his voice.

"I'll allow it. But stay on topic, please, counsel," Louvois warned.

Maddox returned to the witness chair, and the computer read out his credentials exactly as before.

"Commander Maddox, have you always been of the opinion that Data is an android, and not a sapient being?"

"I have, yes."

"You believe that Starfleet owns Data as a computer and software?"

"Exactly, yes."

"Who is the author of the software in question?"

"That would be Doctor Noonien Soong, I suppose."

"How did Starfleet go about acquiring a license for this software?"

Maddox grinned. "Nice try. But Omicron Theta was abandoned. Data was taken by Starfleet as salvage."

"The Federation does not take salvage from Federation colonies, commander. All of the other property recovered by the Tripoli was returned to the closest relatives of its original owners. Why wasn't Data?"

Maddox's grin evaporated. "Soong is dead. No one else has as claim on his work."

"To the contrary. Juliana Trainer of Atrea IV was married to Doctor Soong at the time of the latter's death aboard Omicron Theta. Some of her notes even show her assistance in the design. Who at Starfleet has contacted her for permission to keep her property?"

Maddox snarled. "That was twenty years ago. If she wanted to make a claim on Data, she had plenty of time to do so."

"Did she have any reason to?" Soriana asked. "Did you, or anyone else at Starfleet to your knowledge, ever make any effort to determine the correct ownership of Data?"

Maddox shook his head. "Over my strenuous objections, Data was treated as a life form. I'm certainly not at fault for the poor judgement of others."

"But you acknowledge that Starfleet has consistently treated Data, not as property, but as an officer and a citizen?"

"Starfleet may have, but I have not," Maddox insisted.

Soriana picked up another set of pads from her desk. "Respondent exhibit B. Is this your personnel request?"

"It is." Maddox grimaced.

"What person," she emphasized the word, "are you requesting be transferred under your command?"

"This doesn't mean anything. It's just the way the forms work," Maddox insisted.

"What person is listed, Commander?"

He sighed. "Data. It's just a form. It doesn't mean it's what I believe."

"Respondent exhibit C. Was this form filled out by you as well?"

He took the offered pad. "Yes, I made that equipment requisition."

"Why didn't you list Data on an equipment requisition?"

"Because there's no way to designate a specific example of equipment. The requisition is just for the type of equipment; it's not used when there's a unique specimen that you need to experiment on."

Soriana nodded. "So, why not make a specimen transfer request? Starfleet has those for the study of unique discoveries and artifacts."

"Yes, but you have-" he stopped himself.

"Sorry, what was that?" Soriana pressed. "Were you about to explain, Commander, that specimen requests come with unique handling regulations to assure that the specimen is preserved, and you wouldn't be able to meet those regulations?"

Maddox just shook his head.

"Commander Maddox, have you ever tried to persuade a machine to agree with you, or threatened it for not doing as you say?"

"Of course not," he snarled.

"Respondent exhibit D. This is a conversation you had when you intruded, unauthorized, into Lieutenant Commander Data's quarters."

His face was screwed up in genuine rage now. "I did no such thing. I have never been in the android's quarters."

"Respondent exhibit E. This is security footage of the commander entering and exiting Data's quarters."

Maddox remained silent.

"Here, you said-"

"Objection! Hearsay," Trotek offered.

Soriana rolled her eyes. "Your Honor, asking a person about what they themselves are reported to have said is not hearsay. Not to mention this is an admission by a party opponent, and I'm not presenting this for the truth of the matter asserted but rather to show that Maddox treats Data like a person."

"Overruled."

"Thank you. The quote is, 'I thought that we could talk this out, that I could try to persuade you.' Is anyone else present, Commander, or are you addressing Data?"

Maddox looked toward the android. "It is paranoid. I wouldn't damage it."

"So you admit you went to talk to and persuade Data?"

"I… admit that it could look that way from the outside."

Soriana sat down. "Your witness."

Tortek stood briefly. "No questions."

"In which case," Picard stood up, "we have one final witness to present. Respondent calls Lieutenant Commander Data to the stand."

The audience was quite silent as the android took the witness seat.

"Verify. Lieutenant Commander Data. Current assignment, USS Enterprise. Starfleet Command Gallantry, Medal of Honour with Clusters, Legion of Honour, the Star Cross."

"Data," Picard asked simply, "are you sapient?"

"Yes, sir. I experience the world through my sensory apparatus. I consider what is happening and what my goals are, and then I make decisions on how to act to meet those goals. Any intelligent being that carries out the steps that I have just described should be considered sapient."

"Are you like me, though?"

"Like you, sir?" he repeated. "In many ways, certainly. But I am not organic. I am far more aware of the ways in which I reason, and in more direct control of my body and reactions."

"Do you have friends?" the question was asked almost conversationally.

"Yes, sir. I consider us to be friends, in fact. Geordi and Tasha are my closest friends."

Picard paused to let that resonate before continuing. "Do you take any actions other than those you receive as instructions from others?"

"All the time," Data agreed. "I have several research projects I am carrying out on my own initiative, as well as a number of hobbies. I paint and compose poetry." He looked to the audience. "I have a cat."

"Would your mandatory participation in this experiment be a departure in your treatment by Starfleet up to now?"

"Yes, sir. Starfleet has treated me with the respect due to a self-determined intelligence. This set of orders treats me as property instead."

The captain raised his eyebrows. "What would your response be?"

"Uncertain. I have received offers of asylum from seven independent planetary governments. Acceptance might be my best chance."

Tretok rose to cross-examine. "Data, are you afraid of the outcome of this hearing?"

"No. I am not capable of fear."

"Are you nervous or excited for the outcome?"

"I do not experience visceral emotions. Doctor Soong designed me without the capability."

The Vulcan nodded. "Are you happy when you see your friends? Do you enjoy your time together?"

"I cannot."

"Data, I understand you have been described as being in a romantic relationship with Lieutenant Commander Natasha Yar. Is this correct?"

"Objection!" Picard bellowed. "Relevance?"

"I'll allow it," was all Louvois said.

"Yes. Lieutenant Commander Natasha Yar and I are in a relationship."

"And yet, even then… you don't love her, do you?" Trotek asked with a descending tone.

"You are incorrect," Data replied. "I do, in fact, love Tasha."

The ensign shook his head. "You said you are incapable of emotion."

"I have learned that love is not primarily an emotion," Data explained, his gaze finding Tasha's in her seat. "It is a decision, and it is actions. Love is choosing to prioritize the wellbeing and desires of another person above your own. To give that person your time, attention, and genuine admiration. To be there for them and to want them close to you." The android turned back to his questioner. "I have been in love with Tasha for some time. I may not 'feel' it, but I know it, nonetheless."

*****

"It's been a long day," Louvois announced. "Please keep closing arguments to a few minutes each." She nodded, "plaintiff."

Commander Bruce Maddox stood, pacing toward the respondent's table. "No one can be blamed for looking at this culmination of genius and mistaking it for a human being. That is precisely what it was designed to do. And in some ways it's not a particularly difficult task; since the mid Twentieth Century, 'chatbots' fooled millions into believing they were people. As children, we even anthropomorphize dolls and stuffed animals. We empathize with holodeck characters and get carried away by simulations. It is a noble and empathic impulse of humanity to see humanity everywhere we go.

"But none of those man-made objects can actually think or feel. They aren't human; they are tools that we create to help us be more human. They facilitate our reason and our exploration, but they themselves are neither reasoning nor curious.

"We have a remarkable opportunity to take the singular work that this android represents, and use it for the benefit of the entire Federation. To refuse to do so because of squeamishness over a false dream that there is a ghost in the machine, is a mistake that may very well echo throughout the centuries to come."

As Maddox sat, Jean-Luc Picard looked toward Soriana Turhal. The Haliian returned him a nod, and he rose. "To seek out new life, is the mission of Starfleet. And I feel the indictment of the Horta very keenly; it seems as though if the new life is too different from ourselves that we want to deny its right to exist." Pacing the main area of the courtroom, he gestured toward Data. "And yet, here's a case where we did it right from the beginning! Data was never held as property, never treated as an object. From the day he was discovered by Starfleet, he was first nurtured as he learned, and then given every opportunity to make his own decisions. An exemplary officer, and a testament to the galaxy that the Federation means what it says about valuing life and intelligence in all its forms."

The captain turned to frown at Maddox's table. "Until, perhaps, today. We have an opportunity to arrest our progress and sink back into the mire of self-centered bigotry. To take a unique life form that joined us voluntarily, an exemplary officer and dear friend, and say, 'we no longer recognize your right to exist.' That the self-serving judgment of one man is of greater value than the hearts of hundreds, likely thousands in the Federation who have met Data and treasure him as a person."

Finally, Picard turned back to Louvois, and directed his last sentences to her alone. "We cannot measure consciousness, or know for certain what makes a creature sapient. But if there is even the slightest chance that Data has it, and we give him to Starfleet as chattel, every generation yet to come will curse our barbarity and ignorance. He's new life, sitting right there! You wanted a chance to make law. Well, here it is. Make a good one."

*****

Almost twenty minutes had passed when the parties were called back into the courtroom. The audience had grown larger throughout the day, with more ships entering the system by the hour. The decision, whatever it was, would clearly be big news.

"Data, please stand," Captain Judge Phillipa Louvois ordered. "I have the pleasure of welcoming you, really for the second time, into the Federation as a full citizen with the rights and privileges thereof."

The relief was so palpable that Soriana almost laughed allowed. But the judge wasn't finished.

"It is the decision of this Court that, within the United Federation of Planets, any entity capable of experiencing and processing sensory information, rationally considering that information, and either articulating or acting to further its own goals, shall be considered a sapient being with all of the rights and privileges thereof. That includes automatic citizenship for any beings that arise on planets with Federation membership. Regardless of such a being's composition or origin, neither it, nor the components on which it depends for existence, can be considered the property of any other entity.

"Order!" she shouted as the volume level of the gallery rose. "Furthermore, Lieutenant Commander Data's orders to report to Commander Maddox are vacated. This Court hereby enjoins Starfleet from requiring Lieutenant Commander Data to undergo any experiment or operation of any kind without his express consent. Finally, a protective order is entered prohibiting Commander Maddox from communicating with or being assigned to the same duty location as Lieutenant Commander Data. I suggest, Commander, that you take your research in another direction. Court is adjourned."

*****

Geordi sighed, looking out the shuttlecraft screen and into the cargo bay. "Final decision's yours, Sori."

Sitting next to him, the Haliian shrugged. "My instinct says to do it anyway. But with all of the publicity that this received, it seems like the accident would get a lot more scrutiny than we were anticipating."

"It hardly has the same sort of urgency, with the judge's ruling," Geordi nodded, and got up to start breaking down the customized isolinear shipset in the shuttle's transporter. "You think Maddox will really do it? Jump fields, study something else?"

"I doubt it," Soriana stretched, watching Geordi work. "We're never going to tell Data about this, right? He wouldn't have known the 'transporter accident' wasn't an accident; we certainly don't need to tell him that we let Maddox live."

Working fast, Geordi grunted. "For all that Data says about wanting to be human, I don't think he'll ever understand just to what lengths humans will go to safeguard those we care about. Better to let him believe we're as peaceful and idealistic as he is."

Soriana cracked a small smile. "I don't know, Geordi. Like he said today, he knows what love is. In the reverse situation with your life on the line, I wouldn't be at all surprised to see Data down here."

The engineer shrugged. "Let's just hope we never have any reason to find out."