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appropriately points out that in several of the aforementioned cases, as in the instant action, the plaintiffs asserted claims for declaratory relief.
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") to "render impossible" access by persons in France to certain content on servers based in the United States. now seeks a declaration by this Court that the order of the French court is unenforceable in the United States because it contravenes the Constitution and laws of the United States. Services"), use the English language and target users who are residents of, utilize servers based in and operate under the laws of the United States. to 1) re-engineer its content servers in the United States and elsewhere to enable them to recognize French Internet Protocol ("IP") addresses and block access to Nazi material by end-users assigned such IP addresses; 2) require end-users with "ambiguous" IP addresses to provide Yahoo! The coercive effect of such a situation is self-evident; this would appear to be a classic example of a situation in which declaratory relief would clarify the present and ongoing rights and obligations of the parties.
The "Internet" and "World Wide Web" are distinct entities, but for the sake of simplicity the Court will refer to them collectively as the "Internet." Generally, the Internet is a decentralized networking system which links computers and computer networks around the world. ' s home page or when they initiate any search using the word "Nazi"; and 3) comply with the Order within three (3) months or face a penalty of 100,000 Francs (approximately U. Where no applicable federal statute indicates otherwise, a district court has personal jurisdiction over a nonresident defendant to the extent that the law of the forum state constitutionally provides.
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California Internet service provider sued French parties who obtained order from French court requiring provider to block French citizens' access to Nazi material displayed or offered for sale on provider's U. site, seeking declaration that order was unenforceable in U. On French parties motion to dismiss, the District Court, Fogel, J., held that: (1) French parties purposefully availed themselves of California law; (2) provider's action arose from French parties' forum-related conduct; and (3) court's exercise of personal jurisdiction was reasonable. Defendants La Ligue Contre Le Racisme Et L'Antisemitisme ("LICRA") and L'Union Des Etudiants Juifs De France ("UEJF") have obtained a court order in France which requires Plaintiff Yahoo! Defendants move for dismissal of this action on the ground that this Court lacks personal jurisdiction over them. is a corporation organized under the laws of Delaware with its principal place of business in Santa Clara, California. is an Internet service provider which operates various Internet web sites and services which end-users can access at the Uniform Resource Locater ("URL") According to Yahoo! services ending in the suffix, ".com", without an associated country code as a prefix or extension (collectively, "Yahoo! with a declaration of nationality when they arrive at Yahoo! The Court denied Defendants' request to enforce its Order or impose any penalties directed at Yahoo! Accordingly, the Court concludes that this case is ripe for adjudication.
has made a sufficient prima facie showing of purposeful availment under the effects test. alleges that Defendants knowingly have engaged in actions intentionally targeted at its Santa Clara headquarters for the express purpose of causing the consequences of such actions to be felt in California, including 1) LICRA's "cease and desist" letter to Yahoo!
's Santa Clara headquarters; 2) Defendants' request of the French Court that Yahoo! further alleges that the conscious intent of these actions was to compel it to censor "constitutionally protected content on its U.
Several of the cases discussing the purposeful availment have focused less on the characterization of the plaintiff's cause of action than on whether the defendant's forum-related acts evidenced intentional, or at the very least knowing, targeting of a forum resident(s).