When a 9th Circuit panel ruled in April of this year that David Slater was insulated from Naruto’s copyright infringement lawsuit because Naruto is a monkey (yes, this is true), you might have thought the case was over.
In fact, you might have thought it was over after the lower court ruled against the monkey.
For that matter, you would have been forgiven for expressing surprise that the case ever made it as far as trial.
But after nearly four years of litigation, and two near-death experiences, Naruto et al v. David Slater refuses to die. As the ABA Journal explains, one of the judges has asked for a rare en banc hearing — that is, a hearing before the entire court.
Such a hearing could set aside the panel’s April decision.
Both sides — Mr. David Slater, a (human) photographer, and Naruto, a Crested Macaque assisted in court by PETA — were given 21 days to file briefs.
Apparently it’s not just cats that have nine lives.
[Update on August 31, 2018: The court declined to re-hear the case en banc, so the case is once again dead.]
