JODIE L. KELLEY
ALAYA B. MEYERS (Cal. Bar No. 199551)
JENNIFER S. MARTINEZ
JENNER & BLOCK, LLC
601 13th Street, N.W., Suite 1200
Washington, D.C. 20005
(202) 639-6000
(202) 639-6066 (fax)
Counsel for Amici Curiae
STEPHEN A. BOKAT
ROBIN S. CONRAD
JOSHUA A. ULMAN
NATIONAL CHAMBER LITIGATION CENTER
1615 H Street, NW
Washington, DC 20062
(202) 463-5337
Counsel for Amicus Curiae the Chamber of Commerce of the United States
KENNETH A. RICHIERI
ONLINE PUBLISHERS ASSOCIATION
500 7th Avenue, 8th Floor
New York, NY 10018
(646)698-8024
Counsel for Amicus Curiae the Online Publishers Association
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
YAHOO! INC., a Delaware corporation, Case No. C 00-21275 JF
Plaintiff BRIEF OF AMICI CURIAE
CHAMBER OF COMMERCE OF THE
v. UNITED STATES, COMMERCIAL
INTERNET eXCHANGE ASSOCIATION,
LA LIGUE CONTRE LE RACISME ET INFORMATION TECHNOLOGY
L'ANTISEMITISME, a French association, ASSOCIATION OF AMERICA, US
et al., INTERNET INDUSTRY ASSOCIATION,
ONLINE PUBLISHERS ASSOCIATION,
Defendants. and UNITED STATES COUNCIL FOR
INTERNATIONAL BUSINESS____
IN SUPPORT OF PLAINTIFF
YAHOO!, INC.
Hearing Date:
Time:
Place:
Judge: Hon. Jeremy Fogel
Date of Filing: 12/21/00
Trial Date: Not Yet Set
SNIPPETS:
601 13th Street, N.W., Suite 1200 Washington, D.C. 20005
Counsel for Amicus Curiae the Chamber of Commerce of the United States
Counsel for Amicus Curiae the Online Publishers Association
Amici Curiae the Chamber of Commerce of the United States, Commercial Internet
eXchange Association, Information Technology Association of America, US Internet Industry
Business, respectfully submit this brief in support of the plaintiff in this case, Yahoo!
It provides a neutral forum for the exchange of ideas and information and develops positions
At issue in this case is whether a foreign country can control the content that U.S.
The French court concluded that,
Website is accessible to all other Internet users worldwide."
and operating in a manner fully consistent with U.S. law.
France which offers an Internet service that is targeted at French customers, operates in
But the mere recognition that the First Amendment would be violated in this case is not enough
HAVE PERSONAL JURISDICTION OVER THE U.S. DEFENDANT.
The courts of California look to federal common law in determining whether to enforce foreign
Burger King v.
Order Denying Motion to Dismiss at 9.
recognized in its Order Denying Motion to Dismiss, one way that the purposeful availment
play and substantial justice' may defeat the reasonableness of jurisdiction even if the
extent of conflict with the sovereignty of the defendant's state also weigh heavily against
which the Federal government was formed, we are one people, with one common country.
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