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Yahoo verdict on Nazi dispute delayed

A French judge this afternoon postponed for two months a decision that would have been a landmark ruling on the responsibilities of portals for content on their servers.

Ian Lynch, vnunet.com 11 Aug 2000
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A French judge this afternoon postponed for two months a decision that would have been a landmark ruling on the responsibilities of portals for content on their servers.

Paris Tribunal Judge Jean-Jacques Gomez is now expected to decide on 6 November whether web portal Yahoo is violating French law on the sale of anti-Semitic Nazi paraphernalia.

More than 1000 such products can be found on the auction pages of Yahoo's US website, although Yahoo pulled similar material from its French site in May following a lawsuit filed by the International League Against Racism and Anti-Semitism (Licra), and the Union of French Jewish Students.

At that time, the judge ordered the company to examine ways to "render impossible" for French citizens to access the Nazi material.

Yahoo said that it was doing its best to comply with the country's laws, but that it was impossible from a technical standpoint for Yahoo or any other internet company to comply with such an order.

The court has appointed a French expert to examine whether it is technically feasible for Yahoo to filter out the Nazi material. Francois Vallon will work with two further experts, one from the US and one from Europe, to be nominated by Yahoo and approved by Licra. The panel must report back in two months.

Licra has called upon Judge Gomez to fine Yahoo up to 200,000 euros (£120,000) for every day it allows access to the banned material for three months. The ruling is being watched, because it could set a precedent on international jurisdiction.

Yahoo said in a statement: "This case opens up broader issues on internet jurisdiction - whether one country has the jurisdiction to regulate the content of websites in another country. That should be discussed and addressed by representatives of governments and the internet industry around the world."

Experts say a ruling against Yahoo would create economic chaos.

See also:

Yahoo has been ordered to block French internet users from accessing certain auction pages on its US website within three months or face heavy fines.  20 Nov 2000
A French judge has ruled that Yahoo has broken French law by allowing the auction of neo-Nazi objects on its web portal.  23 May 2000

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