Ninth Circuit Stops Monkeying Around And Denies En Banc Review Of The Monkey Selfie Case

from the it-ain't-over-till-its-over dept

Whatever will we do without the Monkey Selfie case rearing its not-actually-copyrighted head every few months? We might finally get to find out, now that the Ninth Circuit has declined to rehear the appeal en banc. This denial now makes clear that monkeys lack standing to sue for copyright, at least within the Ninth Circuit. Someday (hopefully not soon) we may find out what other Circuits have to say about primate copyrights, but for now we can finally be confident that they lack standing to sue over them here.

Provided that no cert petition is granted, of course. And given that this is a case that has thus far steadfastly refused to end, it is way too soon to be confident that this is truly the last we've heard from Naruto or any of his alleged next friends. We should at least know whether a cert petition's been filed in about three months or so, though (see Rule 13), so stay tuned...

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Filed Under: 9th circuit, copyright, david slater, monkey selfie, naruto, standing
Companies: peta


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  1. icon
    Stephen T. Stone (profile), 4 Sep 2018 @ 3:47pm

    Geez, this case is taking as long as the monkey’s namesake anime—and with a lot more filler, to boot. Who writes this crap?

    reply to this | link to this | view in thread ]

  2. identicon
    Capt ICE Enforcer, 4 Sep 2018 @ 4:19pm

    Oh No

    Oh no, now the monkeys have no reason to take pictures. Why, Oh Why!

    reply to this | link to this | view in thread ]

  3. identicon
    Lawrence D’Oliveiro, 4 Sep 2018 @ 4:30pm

    So Far, So Biologically Correct ...

    ... but not doubt somebody will try to confuse the issue by bringing apes into it ...

    (Simple way to tell the difference: monkeys have tails, apes (like chimpanzees and gorillas) don’t.)

    reply to this | link to this | view in thread ]

  4. icon
    hij (profile), 4 Sep 2018 @ 4:30pm

    Don't stop me now

    The Supreme Court really needs to hear this. An overly educated ape (or lawyer as the case may be) needs to stand in front of the highest court in the US and explain how a less educated monkey took a picture with a camera, and then explain how it was a creative expression of the plaintiff.

    Then other apes (or reporters as the case may be) will make the inevitable comparisons between legal briefs and tossing one's poop.

    reply to this | link to this | view in thread ]

  5. icon
    norahc (profile), 4 Sep 2018 @ 4:39pm

    Energizer needs to replace their rabbit with a macaque monkey...

    It keeps going, and going, and going

    reply to this | link to this | view in thread ]

  6. icon
    Atkray (profile), 4 Sep 2018 @ 5:10pm

    great news

    Now Naruto is free to pursue his new career with monkii bars.

    reply to this | link to this | view in thread ]

  7. icon
    Ben (profile), 4 Sep 2018 @ 5:10pm

    Re: So Far, So Biologically Correct ...

    But!

    Oh, the monkeys have no tails in Zamboanga,
    Oh, the monkeys have no tails in Zamboanga,
    Oh, the monkeys have no tails,
    They were bitten off by whales,
    Oh, the monkeys have no tails in Zamboanga.

    reply to this | link to this | view in thread ]

  8. icon
    Bergman (profile), 4 Sep 2018 @ 5:21pm

    Re:

    It could be worse, they could have named him Goku.

    reply to this | link to this | view in thread ]

  9. identicon
    Anonymous Coward, 4 Sep 2018 @ 6:31pm

    What an awful court decision. Now the monkeys will have no incentive to buy cameras and pursue a career in photography.

    Look. Just look at the sales of professional cameras in the last three years. Sales are falling off a cliff since this decision.

    The monkey haters will not be happy until both Canon and Nikon are bankrupt. What a travesty of justice.

    reply to this | link to this | view in thread ]

  10. This comment has been flagged by the community. Click here to show it
    identicon
    Anonymous Coward, 4 Sep 2018 @ 8:35pm

    out_of_the_blue isn't going to like this, is he?

    reply to this | link to this | view in thread ]

  11. icon
    That Anonymous Coward (profile), 4 Sep 2018 @ 8:37pm

    SCOTUS SCOTUS SCOTUS!!!!!!

    Because this stupid case getting centori would be the pinnacle of people focusing on bullshit while the nation is going to complete shit.

    reply to this | link to this | view in thread ]

  12. icon
    Toom1275 (profile), 4 Sep 2018 @ 9:24pm

    Re:

    With no judgement money and no royalties, how will the monkey's great-grand-descendents be able to be financially secure?

    reply to this | link to this | view in thread ]

  13. icon
    oliver (profile), 5 Sep 2018 @ 12:21am

    Dead parrot?

    This case needs to seize to be, to kick its bucket, to push up the daisies, to be an ex-case!

    Cheers, oliver

    reply to this | link to this | view in thread ]

  14. identicon
    Avideogameplayer, 5 Sep 2018 @ 2:00am

    Well, I'll be a monkey's uncle.

    reply to this | link to this | view in thread ]

  15. identicon
    Anonymous Coward, 5 Sep 2018 @ 5:29am

    I, for one, welcome our monkey overlords.

    I'll turn off the lights on my way out.

    reply to this | link to this | view in thread ]

  16. icon
    JoeCool (profile), 5 Sep 2018 @ 5:33am

    Decades from now

    This will be recognized as the cause that drove the apes to overthrow human civilization to form a new planet.

    reply to this | link to this | view in thread ]

  17. identicon
    Anonymous Coward, 5 Sep 2018 @ 5:40am

    Re: Re:

    Or Luffy.

    reply to this | link to this | view in thread ]

  18. icon
    DannyB (profile), 5 Sep 2018 @ 5:58am

    This decision is so wrong!

    If primates can enforce copyright (see: RIAA / MPAA) then why can't they own copyrights?

    reply to this | link to this | view in thread ]

  19. icon
    Ninja (profile), 5 Sep 2018 @ 7:01am

    Planet of the Apes: zombie apepocalypse

    It'll probably pop up at some point in the future again.

    reply to this | link to this | view in thread ]

  20. icon
    Oblate (profile), 5 Sep 2018 @ 7:09am

    We should at least know whether a cert petition's been filed in about three months or so,...

    I know what the monkey would be filing (or flinging) if he knew about this case.

    reply to this | link to this | view in thread ]

  21. identicon
    Anonymous Coward, 5 Sep 2018 @ 8:07am

    I'm surprised the case has potentially died before the monkey.

    reply to this | link to this | view in thread ]

  22. icon
    NeghVar (profile), 5 Sep 2018 @ 8:18am

    In other news

    Environmentalists lobby for ferns to be granted copyright for their fractals

    reply to this | link to this | view in thread ]

  23. identicon
    Anonymous Coward, 5 Sep 2018 @ 9:46am

    The number of monkey jokes in the comments on this article is just bananas.

    reply to this | link to this | view in thread ]

  24. icon
    Toom1275 (profile), 5 Sep 2018 @ 10:53am

    Re:

    But of course. Making puns has its appeel.

    reply to this | link to this | view in thread ]

  25. icon
    That One Guy (profile), 5 Sep 2018 @ 5:49pm

    Re: This decision is so wrong!

    Oiy, that was unfair and uncalled for, comparing your average monkey to that lot. They monkeys have already got it bad enough without being lumped in with them.

    reply to this | link to this | view in thread ]

  26. identicon
    Anonymous Coward, 5 Sep 2018 @ 7:18pm

    Re:

    _out_of_theblue isn't going to like this, is he?

    Why was this truth censored?

    reply to this | link to this | view in thread ]

  27. identicon
    Wendy Cockcroft, 6 Sep 2018 @ 2:28am

    Re: Re:

    Because your constant troll-baiting is a) old, and b) not relevant.

    We know!

    We don't care.

    reply to this | link to this | view in thread ]

  28. identicon
    Anonymous Coward, 6 Sep 2018 @ 3:15am

    Re: Re: Re:

    Oh, I didn't make the original post.

    I just think it's amusing that blue, Hamilton and John Smith keep banging that old "Techdirt only 'censors' posts they disagree with" drum.

    reply to this | link to this | view in thread ]

  29. identicon
    Anonymous FBI Agent, 6 Sep 2018 @ 11:00pm

    This has GOT to be racist.

    reply to this | link to this | view in thread ]

  30. identicon
    Anonymous Coward, 18 Sep 2018 @ 3:46am

    If it was Bigfoot, would there be standing?

    reply to this | link to this | view in thread ]


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