Out-Law / Your Daily Need-To-Know

The internet portal Yahoo! will later this month contest in a US court an order imposed by a French court which required it to block access by French nationals to certain auctions hosted on a US-based Yahoo! site selling Nazi memorabilia. Business organisations have now involved themselves in the case, filing legal briefs in support of the portal.
Yahoo! has been backed in its California district court case by several industry groups, including the US Chamber of Commerce, the Information Technology Association of America, the Online Publishers Association, and the United States Council for International Business.

The business organisations argue that, if the French court’s ruling stands, all web sites would be required to comply with the strictest law of any county, which would jeopardise free trade and free speech.

French law prohibits the incitement of racial hatred and accordingly the sale of Nazi and racially insensitive merchandise. Yahoo’s argues that its auction site, though accessible in France, was based in the US and the French Yahoo! site, yahoo.fr, complied with French law.

When the court order was made, Yahoo! changed its policy on hosting auctions selling Nazi memorabilia so the order became academic. However, Yahoo! then raised the action in the US court, seeking a declaration that the French court had no jurisdictional right to restrict the content carried on its US-based web server.

The hearing is scheduled for later this month.

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