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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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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truly a shocking turn in a case about a monkey taking a selfie
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Bea: A new suit may be brought by Naruto through a plaintiff properly pleaded. Dhuey: I guess that's my next case then.
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Dhuey: I hope at this point PETA stops and leaves my client alone.
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Now Angela Dunning from Cooley for Blurb, co-defendant.
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Dunning points out that the language of the statute doesn't seem to encompass monkeys. For example, there's a requirement for written notice
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Dunning: What's Naruto going to do with written notice?
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Bea: Naruto wouldn't need written notice. Maybe the other macaque monkeys in Indonesia would.
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Dunning says that they don't even know if Naruto is the right monkey, since PETA has previously claimed the monkey is female.
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MONKEY TRUTHERISM HAS REACHED THE NINTH CIRCUIT
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Dunning closes by saying that the purpose of copyright is to make sure works are disseminated (the progress of science and the useful arts)
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Dunning: Naruto can't benefit financially from his work. Because he's a monkey.
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Dunning: If a monkey has a copyright, those pictures can't come out because a monkey can't grant a license.
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Dunning: This case is not about one monkey in Indonesia and his copyright. This is to highlight a different issue.
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Dunning: That's exactly what a next friend can't do. ... Naruto is ensconced in Indonesia, blissfully unaware.
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PETA is now in rebuttal, discussing next friend status again. *whispers* Please address the monkey truthers
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Yes, that was an email to me, because I wrote that articlehttps://twitter.com/MatthewStrugar/status/885203094627164160 …
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The Court has completed the session.
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Article forthcoming.
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Here's all my prior coverage of the monkey selfie lawsuit: PETA Sues Photographer on Behalf of Selfie-Taking Monkeyhttps://motherboard.vice.com/en_us/article/wnjwem/peta-sues-for-copyright-on-behalf-of-selfie-taking-monkey …
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Did PETA Name the Right Macaque in Its 'Monkey Selfie' Lawsuit?https://motherboard.vice.com/en_us/article/ae353a/did-peta-name-the-right-macaque-in-its-monkey-selfie-lawsuit …
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