Home > News > Yahoo Appeals Nazi Verdict • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Yahoo Appeals Nazi Verdict

Yahoo Appeals Nazi Verdict
Get XBIZ News
Mar 26, 2005 6:00 AM PST    Text size: 
SAN FRANCISCO – In a landmark case that could determine whether foreign courts may exercise legal jurisdiction over U.S.-based online businesses whose websites are available within foreign countries, Yahoo has appealed a French court's decision barring it from offering Nazi memorabilia for sale.

The judgement, handed down in 2000 by a French court, required Yahoo to make Nazi memorabilia available on the site's online auctions unavailable to French users, who are legally barred from trading in such items.

While Yahoo.fr, the company's French subsidiary, has complied with the ruling, the French court has also demanded that its U.S.-based website, Yahoo.com, also comply, due to its availability in France.

Yahoo brought the case before the Ninth U.S. Circuit Court of Appeals, whose 11 judges considered the motion this past Thursday. No imminent verdict is anticipated, however, as the court deliberated for nearly two years before rendering an opinion the first time it heard the case.

The original French case was brought against Yahoo by the League Against Racism and Anti-Semitism (LICRA) and the Union of Jewish Students in France (UEJF), resulting in a daily fine of approximately $20,000 if the company did not comply with court ordered cessation of the offering of this material.

In response, Yahoo sued LICRA and UEJF in U.S. District Court in an attempt to determine the reach of the French court and whether or not its judgement was enforceable within the United States. Yahoo claimed that the French decision violates Constitutionally protected freedom of speech and is impossible to enforce within the United States. Although the district court agreed with Yahoo, the appeals court later ruled that the district court "acted prematurely."

"We should be able to learn what our obligations are in terms of this foreign judgment," said Mary Wirth, senior international counsel for Yahoo. "We have to choose between censoring constitutionally protected speech and letting fines accrue daily."

The outcome of these proceedings could set an international precedent for enforcement of Internet laws and their applicability to international website operators--a case in point being the enforcement of U.S. "2257" record keeping regulations and their use against overseas providers of adult content.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

LEGAL PERSPECTIVES

Randazza: Trump Victory, Big Prop 60 Win

On Tuesday afternoon, I boarded a transatlantic flight. Given all of the negativity in the 2016 presidential race, I was delighted that I would be absent for the results. I found both Donald Trump and... More »

Dissecting an $11.9M Affiliate Marketing Judgment

The Federal Trade Commission scored another major win in early October when the 2nd U.S. Circuit Court of Appeals upheld a lower court ruling, requiring LeadClick Media LLC to pay an $11.9 million award. The... More »

Legal Protection for Amateur Shoots

Any adult industry professional who creates video content with actual first-time amateurs will come to an early knowledge that later performer regret is commonplace. Recognized performers who regularly... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

Everything To Do With Sex Show

Jan 27 - Jan 29
Halifax, Nova Scotia

The European Summit

Mar 04 - Mar 07
Barcelona-Sitges, Spain

The TEA Show

Mar 05 - Mar 06
Hollywood, CA

Phoenix Forum 2017

Mar 23 - Mar 26
Tempe, Arizona
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!