Yahoo Appeals Nazi Verdict

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.

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

AEBN Reveals Eva Maxim as Top Trans Star for Q2 of 2025

AEBN has published its top trans stars list for the second quarter of 2025, with Eva Maxim landing atop the leaderboard.

France Reinstates Age Verification Rule for EU Sites

France’s highest court, the Council of State, on Tuesday reinstated age verification rules for EU-based sites under the country’s Security and Regulation of the Digital Space (SREN) law, ruling in favor of the French government and against Hammy Media.

Whisper Fans Joins Pineapple Support as Supporter-Level Sponsor

Whisper Fans has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Utherverse Launches 'Red Light Center' Virtual World

Virtual reality and metaverse technology company Utherverse has launched its new virtual world, RedLightCenter.io.

European Commission Approves AV Guidelines, Unveils Prototype App

The European Commission on Monday released its final, approved guidelines for protecting minors online under the EU’s Digital Services Act (DSA) and made public a “white label” age verification app intended to help sites and platforms comply with age verification rules under the DSA.

New Membership Site 'Sluts Corner' Launches

R18 Entertainment has launched a new membership site, SlutsCorner.com.

Roxie Rae Relaunches Site Through XSiteAbility

Roxie Rae has relaunched her site through XSiteAbility.

Show More