On 2001-01-10 Yahoo announced that it would not appeal against the ruling in France. It decided to take the case before a United States District Court in San Jose, California, asking it to find that the French ordinance is not effective in the United States. Judge Jeremy Fogel found the decision returned by the tribunal de grande instance of Paris to be inconsistent with the First Amendment to the Constitution of the United States, relating to freedom of expression, and that consequently it is inapplicable in the United States.
Founded in San Jose on September 4, 1995 by Pierre Omidyar and Jeff Skoll as Auctionweb, part of a larger personal site that included, among other things, Omidyar's own tongue-in-cheek tribute to the Ebola virus.