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I find it surprising that, as reported in your article [" Court says $10K 'side bet' can't settle e-retailer fight," Feb. 16], L.L. Bean’s attorney would argue that the Ninth Circuit “could still sort out court jurisdiction in connection with Internet disputes” with another case recently accepted for en bancreview, Yahoo v. La Ligue Contre Le Racisme et L’Antisemitisme.The two cases are quite different. The Yahoo case, in its U.S. incarnation, did not involve the question of a U.S. court’s jurisdiction over a non-forum resident based on that party’s Internet activities. Instead, it involved the question of whether a U.S. court had jurisdiction over two alien defendants whose sole connection to this forum was that they had successfully vindicated their legal rights arising under the law of their home forum (France) against a resident of this forum (Yahoo). Yahoo v. LICRA is not an Internet jurisdiction case at all, inasmuch as it did not arise out of any Internet activity on the part of the defendant. The case did initially arise, however, out of Internet activity — Yahoo’s. And interestingly, the question of the jurisdictional implications of that activity has already been addressed — by the French tribunal, which found that Yahoo was subject to jurisdiction in Francewhen its Internet content viewable inFrance violated French law. In one of the great paradoxes of the case, a U.S. courtwould have to expand our traditional notions of personal jurisdiction overforeign defendantsin order to limit what some may perceive as an undue expansionof the French court’s jurisdiction over Internet activity. Richard Jones San Francisco Editor’s note:Richard Jones, now with Covington& Burling, was formerly with Coudert Brothers and represented the French groups in the Yahoo case in trial court and at the Ninth Circuit U.S. Court of Appeals.

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