In a separate opinion in the selfie case, 9th Circuit Judge N. Randy Smith called PETA's lawsuit "frivolous" and said he would not have ruled on the merits of the copyright claim, but instead would have dismissed the case on other grounds.
Slater and PETA announced in September they reached a settlement, under which Slater agreed to donate 25 percent of any future revenue from the images to charities dedicated to protecting crested macaques in Indonesia. But the court made a decision to weigh in, anyway.
The court also found that it "gravely" doubts PETA could assert next friend status since it had not established a significant relationship with Naruto and, more importantly, because "an animal cannot be represented, under our laws, by a 'next friend'".
PETA's initial complaint referred only to the relationship between Engelhardt and Naruto. PETA seems to employ Naruto as an unwitting pawn in its ideological goals.
The absence of a next friend doesn't necessarily doom Naruto's lawsuit, the 9th Circuit held, so it went on to address the merits of the case.
Djokovic loses to 140th-ranked Klizan in 2nd round in Spain
There's no love lost between Rafael Nadal and his uncle Toni despite the two ending their coaching partnership previous year . The 31-year-old will now face another Spaniard in Guillermo Garcia Lopez, who progressed after Kei Nishikori retired.
PETA responded by saying that the monkey "is discriminated against simply because he's a nonhuman animal".
It wasn't immediately clear how or if Monday's ruling would affect the settlement. Instead, the court surmised PETA must have seen "the proverbial writing on the wall at oral argument", known it was going to lose, then tried to save itself from an unfavorable opinion by ending the appeal.
The court also ruled that Mr Slater was entitled to be compensated for his legal fees, and the district court is in the process of determining how much he will get. He said the move led him to believe PETA's "real motivation in this case was to advance its own interests, not Naruto's".
The attorney added that PETA has not yet decided if it would appeal the latest ruling.
The court has also ruled Slater is entitled to compensation for his legal feels, with the district court now working out how much he should get.
WhatsApp Soon to Ban Under Sixteen from Using Its Service
WhatsApp reiterated that it is "not now sharing account information to improve your product and ads experience on Facebook". Teenagers elsewhere in the world needn't fret: the app is said to be keeping its age limit at 13 outside the EU.
Moments ago, the jury in the Bill Cosby felony sexual-assault retrial found the 80-year-old comedian guilty on all counts. They called five other women to testify against Cosby, all who claimed that they were assaulted by the former TV star.
Imagine this happening in a close game, or with less time on the clock, or in a Game 7, or the NBA Finals ... yeah, NBA, fix this. But the Bucks didn't give up, battling all the way back to cut the deficit to just three points in the final minute.
Admiral Harry Harris during a joint military exercise between the United States and Australia in 2017. But he said he understood why the Trump administration had chose to send the Admiral to South Korea.
As Macron prepared to leave Washington on Wednesday evening, he was not optimistic that his attempts at persuasion had succeeded. Trump yesterday seemed at least somewhat interested in Macron's blueprint, calling it a " new deal" with "solid foundations".
While in the kitchen, Jennair took out her gun and shot Chapman in the head before using the same weapon to commit suicide. WHYY reported Chapman was found shot to death shortly after 7 p.m.in her new home in the unit block of Lowrys Lane.
The institutional investors in our partner's database now possess: 402.55 million shares, up from 401.83 million shares in 2017Q3. Aevitas Wealth Management Inc. purchased a new stake in shares of Caterpillar during the fourth quarter worth about $143,000.
The shares were acquired at an average price of GBX 1,651 ($23.03) per share, for a total transaction of £148.59 ($207.24). HSS Hire Group plc offers tool and equipment hire, and related services in the United Kingdom and the Republic of Ireland.
The Concept iX3 heralds the first mainstream model from the BMW brand to be driven purely by electric power, the automaker said. Under the skin is BMW's latest electric motor that churns out over 270bhp, or about the same as the current X3 30d.
Saturday's high was 61 degrees, but with a record low of 28 degrees reached at 4:49 a.m. that morning. The National Weather Service in Pueblo predicted sunny skies and a high of 62 degrees Sunday .
US Supreme Court Considering Travel Ban
The Trump administration says that provision applies only to visas, not to the entry limits imposed by the travel ban. About 150 people demonstrated against the travel ban outside the courthouse on a rainy morning in the USA capital.
Oil price strength may hold in the near term
That's creating headaches for US consumers who are paying 15 percent more for a gallon of gasoline than they were past year . The upshot is that we doubt Trump will take any action to reduce oil prices.
New lead in death of Palestinian engineer
Dan Diker from the Jerusalem Center for Public Affairs told WIN that Hamas has indeed become an worldwide terrorist organization. Mossad is believed to have assassinated Palestinian militants and scientists in the past, but rarely confirms such operations.
Google Is Giving Gmail a Makeover
Tasks is easy to access from Gmail: you simply tap the icon on the right rail and it pops out on the right side of your inbox. Notwithstanding, the choice wasn't accessible for us right now, so the take-off is by all accounts slower than anticipated.