Judge Smith: HAR HAR HAR LET ME REPEAT THAT FOR EVERYONE BECAUSE NOT ENOUGH PEOPLE HEARD IT
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Bea says only facts alleged in this vein is the relationship of primatologist Dr. Engelhardt who has studied Naruto since birth
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But "Engelhardt, for reasons unknown, is no longer an appellant."
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(The reason is that Engelhardt and PETA have had a falling-out.)
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Unfortunately the caselaw that the 9th Cir is pointing to with respect to next-friend is litigation around... GITMO detainees argh
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THIS IS VERY UNFORTUNATE
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Why haven't the judges just cited Cetacean v. Bush already
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Oh there we go. Smith now discussing Cetacean
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9th Circuit precedent that has the most amazing shade in the factual background section: http://caselaw.findlaw.com/us-9th-circuit/1459189.html …pic.twitter.com/HDHOKWoVOh
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HOLY SHIT
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Bea just
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Bea just asked if the entire Copyright Act has to be interpreted for this case... and then asks about copyright descending to children
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"Are there legitimate and illegitimate children in the world of Na-ru-to?"
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"Are Na-ru-to’s offspring children as defined in the statute?"
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I'm crying
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THEN. THEN. PETA's attorney says that marriage in the Copyright Act is originally intended to refer to marriage between man and a woman
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But of course marriage is different now omfg
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Bea: Is there a similar holding by the Supreme Court that man and monkey are the same?
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PETA: ... No.
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I'm crying
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Smith: I don’t think Congress ever had the intent to grant an animal rights under the Act
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Bea: Do we look to the administrative guidance of the Compendium at all? Is it entitled to Chevron deference?
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PETA says no. Bea asks if Skidmore deference—PETA says it must be treated as superficial guidance
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Here comes Andrew Dhuey, legendary lawyer for the photographer David Slater
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Dhuey: With regards to Cetacean, monkey see, monkey sue will not do in federal court.
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Dhuey: Lexmark... I don't really understand how that affects this analysis?
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Dhuey: I don't even see what the Ray Charles decision has to do with anything.
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Dhuey: I'm sorry, your honor, I don't know why that came to the court 24 hours ago.
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Dhuey now moving to fees issue, asking for attorney's fees.
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Dhuey: What I'm hearing is an argument to overturn Cetacean. That's an en banc petition. This is a waste of judicial resources.
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Bea: How would you like us to rule? [beat] I know you want us to affirm. But on what basis?
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