Wikipedia somehow got hold of a copy and put it in its free database. Now Slater plans to sue for copyright infringement claiming he owns the copyright and is losing royalties. Wikipedia says the monkey took the photo so "This file is in the public domain because as the work of a non-human animal, it has no human author in whom copyright is vested," said Wikipedia.
I wonder if anyone has checked the Indonesian copyright law; after all that is the applicable law if the monkey took it! Hmmm now is he an Indonesian national under the Berne Convention...?