Great Opening

Even if for some reason you don’t buy the merits, you must admit that this motion to dismiss starts with a bang:

A monkey, an animal-rights organization and a primatologist walk into federal court to sue for infringement of the monkey’s claimed copyright. What seems like the setup for a punchline is really happening. It should not be happening. Under Cetacean Community v. Bush, 386 F.3d 1169 (9th Cir. 2004), dismissal of this action is required for lack of standing and failure to state a claim upon which relief can be granted. Monkey see, monkey sue is not good law – at least not in the Ninth Circuit.

For background, and a reproduction of what might be the world’s most famous selfie, see David Post.

This entry was posted in Law: Copyright and DMCA, Law: Practice. Bookmark the permalink.

2 Responses to Great Opening

  1. Peter D. Lederer says:

    Curious who had written this splendid argument, I searched online — it’s Andrew J. Dhuey whose LinkedIn listing is almost as charming as the motion to dismiss!
    https://www.linkedin.com/pub/andrew-dhuey/22/7a1/3b3

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