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French Court Rules That Facebook Can Now Be Sued in France (thestack.com)

An anonymous reader writes: A Paris court of appeal has ruled in favor of a French complainant whose account was suspended, because he linked to an image of the 1866 Gustav Courbet nude 'L'Origine du monde', currently residing at the Musee d'Orsay. The appeals court not only agreed that the user's suspension by Facebook constitutes censorship, but the ruling itself negates Facebook's insistence that all legal challenges take place in its native California.

26 of 145 comments (clear)

  1. Re:Well... by MightyMartian · · Score: 5, Interesting

    Much like Italy covered up all those naughty Renaissance and classical nudes for the Iranian delegation, because, you know, genitals are EVIL!!!!!!!!!

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  2. Re:Just geoblock France already, Facebook!!! by U2xhc2hkb3QgU3Vja3M · · Score: 2

    This is one of those extremely rare times where we hear about someone outside of the U.S.A. suing a company.

  3. Good for France. by Motherfucking+Shit · · Score: 5, Insightful

    At a very basic level, here's the deal. If you're going to operate as a multi-national company, and you're going to offer and promote your services around the globe, then you need to be responsible for and liable to the laws of the land in each of those territories. If you operate in France and you violate the law in France, then you should be subject to penalty in France.

    You don't get to shuffle all of your American tax liability through a double Dutch Sandwich with an Irish muffin, or whatever the hell it is, and simultaneously force French legal complaints to be arbitrated in California. You can't have it both ways.

    --
    "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    1. Re:Good for France. by xaxa · · Score: 5, Insightful

      Without bothering to read the article, it's probably relevant that the user in question is a resident of France, and access the site from France.

      Facebook obviously know this, as it's a key attribute used to target advertising.

    2. Re:Good for France. by Motherfucking+Shit · · Score: 4, Insightful

      So what do you do when laws in different countries are contradictory? Example: Certain speech being illegal in country A, but protected in country B?

      I suppose you have two real choices,

      1) block the speech from being seen in country A and allow it to be seen in countries B..Z

      2) remove your business operations from country A

      Take a look at Google, they've used both strategies in differing countries. Facebook itself is dealing with Belgium's ruling that they're no longer allowed to use cookies to track people who haven't signed up for the service.

      My primary point is that Facebook does everything it can to minimize its tax liability in the US by shuffling money around, pretending to be based in Ireland and Luxembourg, etc. That's all well and legal for now, but in doing so, you're no longer an American company and should not have any claim to force overseas legal complaints into American jurisdiction.

      --
      "BSD: Free as in speech. Linux: Free as in beer. Windows 10: Free as in herpes." --Man On Pink Corner in #52607549.
    3. Re:Good for France. by zugmeister · · Score: 2

      Interesting but flawed analogy. While a road exists only in one country at a time for a given location, a site on the internet "exists" in as many countries that have a connection to the 'net. To refine your analogy to conform to this situation, suddenly the road exists in all countries at once. How do you propose to legally (everywhere) drive on both sides of the road at the same time?

    4. Re:Good for France. by wisnoskij · · Score: 2

      So what you are saying is that since basically all content on the web is illegal somewhere everyone who hosts a website is a criminal and should go to jail? All porn must be purged, all pro homosexual content erased, and any history that does not mention that the the infinite intelligence and benevolence of Kim Jon Ill should be striked from the record?

      --
      Troll is not a replacement for I disagree.
    5. Re:Good for France. by dryeo · · Score: 3, Funny

      twitter.cn obeys the laws of Canada

      While having the Chinese branch of twitter obeying Canadian law sounds good, I don't think China would be happy.

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      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    6. Re:Good for France. by AlterEager · · Score: 4, Insightful

      It doesn't matter if the user is in France. What should matter is if the site is located in France.

      You don't realy get this "internet" thing, do you. What matters is not where "the site is located" (whatever that means). What matters is where the company is doing business. Facebook does business in France, French law applies.

      FACEBOOK FRANCE
      Societe 530085802
      108 AVENUE DE WAGRAM
      75017 PARIS
      FRANCE

      http://www.societe.com/societe/facebook-france-530085802.html

    7. Re:Good for France. by AlterEager · · Score: 4, Insightful

      If I have a forum, housed in the US, and someone from France doesn't like what someone posts, on my forum that is in my country, then France can suck my nuts.

      Good for you. But that is irrelevant to the case in hand -- Facebook is a company doing business in France -- French law applies to that business.

    8. Re:Good for France. by Sique · · Score: 2

      See, that's the mistake you make here. Facebook does business in France and has a french version of itself, targeted at french customers. And that's the reason why the french judge decided it is also subject to french laws. If you don't do business with french customers, if you don't target french customers, and if you never intend to create a french version of your website, you will not have any problems with the french court system.

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      .sig: Sique *sigh*
    9. Re:Good for France. by Sique · · Score: 2

      There is no universal right that a company must be allowed to do business in every country on the planet.

      But there are negotiations under way to allow exactly that. They are called TPP and TTIP and similar, and they are basicly about how to protect multinational corporations from national courts and those pesky citizens and their ideas how the law of the country should be.

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      .sig: Sique *sigh*
  4. Women by 110010001000 · · Score: 5, Funny

    Women should not be treated as sex objects. This isn't 1866 anymore! Grow up Gustav. Put some clothes on her and teach her to code!

    1. Re:Women by Anonymous Coward · · Score: 3, Funny

      If Elsa wants to move across the screen, she will move by herself. I hope she freezes your balls off, you misoginist women-hating gamergating homophobic faggot. Go die in a cold fire.

  5. Re:Actual result? by 110010001000 · · Score: 3, Insightful

    Lawyers always show up. Thats how they get paid.

  6. Oh France... by Anonymous Coward · · Score: 3, Insightful

    Always ahead of USA on giving people freedom.

  7. Re:If Facebook hosts content in France.. by bedonnant · · Score: 2

    They do have servers and offices in France.

    --
    ~~~ Paf. Le chien.
  8. Incorrect Summary by Translation+Error · · Score: 5, Informative

    The appeals court not only agreed that the user's suspension by Facebook constitutes censorship, but the ruling itself negates Facebook's insistence that all legal challenges take place in its native California.

    According to the article, the court didn't say anything about the alleged censorship. It just ruled that the clause in Facebook's terms and conditions that all lawsuits had to take place in California was invalid.

    --
    When someone says, "Any fool can see ..." they're usually exactly right.
    1. Re: Incorrect Summary by yacc143 · · Score: 4, Informative

      That's obvious because in all European countries consumer protection laws require law suits to be located at the court of the residence of the consumer.

      So requiring a consumer to sue away from his residence is obviously not possible.

  9. Re:It's time for Facebook to pull out of France. by bedonnant · · Score: 2

    They have more than 20 millions users in France. Facebook is probably better off paying a few lawyers to modify their ToS.

    --
    ~~~ Paf. Le chien.
  10. Re:Well... by stephanruby · · Score: 5, Informative

    Facebook could have just put a fig leaf over the offending parts...

    For the puritanical Americans and for the Middle East.

    For everyone else, they could have just left the image as is.

  11. Re:Just geoblock France already, Facebook!!! by rtb61 · · Score: 4, Insightful

    The only principle here is, if a business is generating revenue in a country, then that revenue can be targeted in a civil suit. The company can not turn around and claim somehow that it should be allowed to make money in a country but simultaneously not be held accountable for how it makes money in that country. To pretend to claim so is just so much legal bullshit. It is bad enough when you have global tax fraud on trillions of dollars of income and the pain, death and suffering that causes in the crippling of social services and the break down of infrastructure, now they are corruptly fighting to not be held legally accountable for their actions when they are done by remote control. All the money and no responsibility, corporations are behaving like out of control toddlers, screaming for more all of the time now.

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    Chaos - everything, everywhere, everywhen
  12. Re:Actual result? by jedidiah · · Score: 2

    Shielding employees and stockholders is the entire POINT of a corporation.

    This WHY a corporation should never be considered a person. It exists primarily to avoid the moral awareness and responsibility that an actual meat bag has.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  13. Re:Well... by Anonymous Coward · · Score: 2, Insightful

    Fuck sensitive morons who are offended by reality. Kill all those fuckers. Being offended is for victims who deserve to die.

    Yes. Let's kill all intolerant bastards. Anyone who wants to kill other people for their views deserves to die. Oh wai^#$%#@@ CARRIER LOST

  14. Re:Well... by Anonymous Coward · · Score: 2, Insightful

    the only reason that the picture isn't treated as hardcore pornography is because ...

    A woman's genital area isn't in itself hardcore pornography in France? I mean, really, it's absurd the very picture of a nude person should in itself be consider pornography of any kind, no matter how much of a close up, how much "insertion" is going on, etc. But then that boils down to the point that it's a self-fulfilling prophesy. The more "close ups of a woman's vagina" are pornography, the more people will intend to make "pictures with close ups of a woman's vagina" for sexual arousal. Treat it normally and most (if not all) the effect is lost.

    I mean, the whole point is you have to start with "obscene", move on to "intent", and it has to be about "sexual arousal" and all bits of that are subjective except the intent. Well, then, if intent is the most important part, we really should ban most people because a lot of people intend to invoke sexual arousal in others in merely being in public and prurient people view near everyone as obscene in dress. I mean, that's the insanity that created the hijab, not Islam.

  15. Re:umm by Reemi · · Score: 2

    I've seen this argument a few times now, but why would it be relevant where the content is stored or even served from. Shouldn't we look at where the content is consumed?

    Your argument is like snail-mailing cannabis from a country where it is legal to grow and sell to a country where it is a prohibited substance. Should that country allow the goods to enter the country as it was produced and served from abroad?