Of Yahoos and Dilemmas

3 Chi J Intl L 409
Daniel Laprès

This article is primarily concerned with the results of the case filed against Yahoo! Inc. Before the courts of France by two French non-profit organizations, because it displayed Nazi symbols on its websites and links to revisionist and anti-Semitic sites. It argues that the French court’s decision was not based on solid grounds and goes on to critique the court’s determination of choice of law and justification for finding jurisdiction. It analyzes the problems raised in the case as a cross between public and private international law. To demonstrate how the French court’s decision led to unfavorable results and encourages forum-shopping, the facts of the case are then applied to a prisoner’s dilemma scenario.