458Yahoocasebrief - their customers were geographically so...

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La Ligue Contre le Racisme et l’Antisemitisme v. Yahoo!, Inc. I. The Facts The Jewish Students’ Union of France and the League Against Racism and Antisemitism sued Yahoo! for allegedly violating R. 645-1 of the French Penal Code, which says that you cannot publicly display Nazi-related objects. The Superior Court of Paris ruled on May 22, 2000 that it was Yahoo!’s responsibility to prevent the selling of Nazi-related objects through its auction service. II. The Issue The court was trying to decide whether or not it should be legal to display and sell items on the Internet when those items are illegal in a certain country. Because the Internet has no physical boundaries the issue was whether it was the website’s responsibility to determine where
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Unformatted text preview: their customers were geographically so that they could then prohibit them from seeing such items. III. The Holding The court decided that it was Yahoo!s responsibility to prevent their French customers from seeing Nazi-related items since doing so was against the law in France. Because Yahoo! had the ability to find out their customers locations using their Internet Protocol, it was their responsibility to deny them access to portions of their website that would be considered illegal under French law. IV. The Rationale The judges came to this decision because they felt that if Yahoo! had the capacity to identify a customers location and in turn ban them from the illegal material then it was their fault for not utilizing it....
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