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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I'm crying
Smith: I don’t think Congress ever had the intent to grant an animal rights under the Act
Bea: Do we look to the administrative guidance of the Compendium at all? Is it entitled to Chevron deference?
PETA says no. Bea asks if Skidmore deference—PETA says it must be treated as superficial guidance
Here comes Andrew Dhuey, legendary lawyer for the photographer David Slater
Dhuey: With regards to Cetacean, monkey see, monkey sue will not do in federal court.
Dhuey: Lexmark... I don't really understand how that affects this analysis?
Dhuey: I don't even see what the Ray Charles decision has to do with anything.
Dhuey: I'm sorry, your honor, I don't know why that came to the court 24 hours ago.
Dhuey now moving to fees issue, asking for attorney's fees.
Dhuey: What I'm hearing is an argument to overturn Cetacean. That's an en banc petition. This is a waste of judicial resources.
Bea: How would you like us to rule? [beat] I know you want us to affirm. But on what basis?
truly a shocking turn in a case about a monkey taking a selfie
Bea: A new suit may be brought by Naruto through a plaintiff properly pleaded. Dhuey: I guess that's my next case then.
Dhuey: I hope at this point PETA stops and leaves my client alone.
Now Angela Dunning from Cooley for Blurb, co-defendant.
Dunning points out that the language of the statute doesn't seem to encompass monkeys. For example, there's a requirement for written notice
Dunning: What's Naruto going to do with written notice?
Bea: Naruto wouldn't need written notice. Maybe the other macaque monkeys in Indonesia would.
Dunning says that they don't even know if Naruto is the right monkey, since PETA has previously claimed the monkey is female.
MONKEY TRUTHERISM HAS REACHED THE NINTH CIRCUIT
Dunning closes by saying that the purpose of copyright is to make sure works are disseminated (the progress of science and the useful arts)
Dunning: Naruto can't benefit financially from his work. Because he's a monkey.
Dunning: If a monkey has a copyright, those pictures can't come out because a monkey can't grant a license.
Dunning: This case is not about one monkey in Indonesia and his copyright. This is to highlight a different issue.
Dunning: That's exactly what a next friend can't do. ... Naruto is ensconced in Indonesia, blissfully unaware.
PETA is now in rebuttal, discussing next friend status again. *whispers* Please address the monkey truthers
Yes, that was an email to me, because I wrote that articlehttps://twitter.com/MatthewStrugar/status/885203094627164160 …
The Court has completed the session.
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