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`CASE NO. 23-5233
`DISTRICT OF COLUMBIA
`COURT OF APPEALS
`
`STEPHEN THALER,
`Plaintiff and Appellant,
`v.
`SHIRA PERLMUTTER, Register of Copyrights and
`Director of the United States Copyright Office, et al.,
`Defendant and Appellee.
`
`SUPPLEMENTAL BRIEFING
`
`On Appeal From Order of the United States District Court
`for the District of Columbia
`Honorable Beryl A. Howell
`Case No. 1:22-cv-01564-BAH
`
`BROWN NERI SMITH & KHAN LLP
`Ryan Abbott (SBN 281641)
`ryan@bnsklaw.com
`Timothy G. Lamoureux (SBN 294048)
`tim@bnsklaw.com
`11601 Wilshire Blvd., Suite 2080
`Los Angeles, California 90025
`Telephone: (310) 593-9890
`Facsimile: (310) 593-9980
`
`Attorneys for Plaintiff-Appellant Stephen Thaler
`
`1
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`
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`USCA Case #23-5233 Document #2076822 Filed: 09/25/2024 Page 2 of 2
`
`Counsel is grateful for the Court’s invitation for additional
`
`explanation, and respectfully makes the following submission.
`
` The Court’s order invites Dr. Thaler to respond to whether he
`
`waived a response to the District Court’s holding that “this case
`
`presents only the question of whether a work generated
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`autonomously by computer system is eligible for copyright.” (Appx.
`
`198.) The District Court’s determination referred back to its holding
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`earlier in its opinion that the “only question properly presented” is
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`whether the Register violated the APA. (Appx. 191.)
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`Dr. Thaler challenged this characterization in his Opening
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`Brief. On page 43 of his Opening Brief, Dr. Thaler cited the
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`previously cited statement on Appx. 191, challenging that
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`“autonomous creation in the administrative record does not show
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`human involvement.” On the same page of the brief, Dr. Thaler
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`argued that that this “latter conclusion” was “based on a
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`misunderstanding of the record below.” As such, Dr. Thaler directly
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`challenged the District Court’s conclusion that the record showed
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`only autonomous creation with no human involvement.
`
`Dated: September 25, 2024
`
`By:/s/ Ryan Abbott
`Ryan Abbott, Esq.
`Brown, Neri, Smith & Khan, LLP
`11601 Wilshire Blvd., Ste. 2080
`Los Angeles, CA 90025
`Attorney for Plaintiff-Appellant
`Stephen Thaler
`
`2
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