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Yahoo! Not Protected From French Anti-Nazi Laws

snoopsk writes "An appeals court ruled that Yahoo is not protected from French legal attacks due to Nazi-related items sold on Yahoo's auction site. Backed by the ACLU, Yahoo intends to defend its First Amendment rights should a French court try to enforce French anti-hate laws. This case could have huge implications for free speech online if the French courts are successful in forcing Yahoo to remove this content.
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11 of 914 comments (clear)

  1. Pointless laws by PCM2 · · Score: 5, Informative

    Yeah, those French anti-Nazi laws seem to be working real well.

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  2. Re:Here's a link by squiggleslash · · Score: 5, Informative
    Why do most European countries insist on covering up any history of Hitler?
    They don't. Indeed, if you're German, a trip to a concentration camp is part of your schooling. Elsewhere in Europe, World War II, the roots of it, the rise of fascism and Nazism in Germany and elsewhere, the holocaust, etc, are required (compulsory) parts of your education.

    Don't confuse the sale and promotion of Nazism and icons thereof with trying to cover up what happened. Europeans do not want that regime glorified. That's why some countries have laws such as this French law.

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  3. Re:Here's a link by Izago909 · · Score: 4, Informative

    They aren't covering up the history; they are trying to stem the popularity of neo-Nazi movements. Memorabilia can be used as icons for such things. Even European museums are relatively devoid of Nazi goods. Most exhibits consist of audio/video footage and are presented in a dry, factual manner.

  4. Re:right... by Mold · · Score: 4, Informative

    No, they're fighting the French in both countries.

    Personally, I think they should just keep it off of their French site (which they already took it off, although they said it wasn't because of the French court), and the French shouldn't try to enforce it on their main, US, site.

  5. Venue issue... by LostCluster · · Score: 4, Informative

    Let's put this ruling in the proper context...

    The US 9th Circuit Federal Appeals Court said that Yahoo! cannot go running to the US courts to seek protection under the First Amendment from the ruling of a French court... go appeal your losses in France in France!

    However, in the same breath they also warned the French that should they ever try to take their French verdict to a US court for help in getting collection, don't bother. You can't get protection from bad French verdicts from the US courts in part because, well, French verdicts don't work here in the first place! So long as Yahoo keeps all of its physical assets out of France, there wouldn't be much the French can do to them.

  6. Re:Uhhh... by Mold · · Score: 4, Informative

    The problem is, they already removed it from their French website, and the French courts are trying to force them to remove it from their US website.

    It's a French court telling a US based company what to do in the US.

  7. Re:France has never been big on freedom of the pre by swissmonkey · · Score: 4, Informative

    Actually as a native french speaker living in Seattle, I read/watch US/Swiss/French/UK media and the US media is the least trustful media by far.

    If you actually read the french press, you'll find out that it is way more critical of the french government than any US media outlet is of the US government.

    Besides, your comment about communists controlling the unions is stupid, France has been under a right-wing government for a number of years now, not a government the communists would support. Moreover, the ELF scandal has been written about widely in the french press, at some point there wasn't a day without an article on TV or in the big newspapers(Le Monde, Liberation...)

    You'd better go check again your sources about French media, it's light years ahead of US media when it comes to being free of pressure groups.

  8. of course Yahoo is still protected... in the US by spiritraveller · · Score: 4, Informative
    An appeals court ruled that Yahoo is not protected from French legal attacks due to Nazi-related items sold on Yahoo's auction site.

    That's not what the court held at all. They simply ruled that Yahoo can't sue a Frenchman in the US for suing him in France. Any other result would be absurd and an affront to French sovereignty.

    The French plaintiff still cannot enforce his judgment in American courts, so American sovereignty is not affected.

    The First Amendment is a shield, not a sword.

  9. No. yahoo.fr is not the problem. by metalpet · · Score: 4, Informative

    The dispute is caused because the yahoo.com site hosted content that is apparently at odds with French laws.
    It is not specifically targetted at the French market. However, the judge on the case ruled that since French citizens were able to access it, it must comply with French laws.

    As other posts mentioned, try to read the post above, replacing "French" with "Chinese" or "Saoudi", to get a feel for what this implies.

  10. Re:because the French try to dictate our laws to u by mjbkinx · · Score: 4, Informative
    The death penalty has little to do with it.

    as a member of the EU, france must not extradite anyone who could become a subject of capital punishment.

  11. Re:What I don't understand is.... by HotNeedleOfInquiry · · Score: 4, Informative

    I've never been in a real war, but I've worn the uniform, tossed grenades, been gassed and fired a machine gun. How about you?

    I can also read. Here's what William Manchester says about it in The Glory and The Dream:

    "Paris disturbed some Americans. It didn't look at all like an enslaved capital. Compared to London, it was prospering. Ed Murrow was surprised at the number of well-dressed women on the streets. Not only had the French textile industry flourished throughout the war; the French had developed the first practical television transmitters and sets. All the famous couturiers were in business-Molyneux, Lanvin, Schiaparelli-and their French customers were wearing full skirts and mutton-legged sleeves, which had long been out of the question for American and Britich women limited by clothes rationing.

    So you see, all you have to do is read a little history instead of spouting righteous indignation.

    That's what I like about slashdot. Get a little edgy in the wrong way and you're a troll or immature or whatnot.

    And screw your comment about my attitude starting wars. I'm the one that's quoting history, asshole.

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