"Jewish or not Jewish?" Application for iPhone and iPad to query a database containing the names of 3,500 persons of Jewish origin, started a legal path that will be long and tortuous.
On 13 September, the International League against Racism and Antisemitism (Licra) asked Apple and its sales subsidiary in iTunes, based in Luxembourg, remove it from sale because it was based on a file ethnic and religious, illegal in France. Without question, iTunes had sold this requirement the following day for the French market, then October 18 for the whole of the European Union - "Jewish or not Jewish?" remains available in the world. But for Licra, this first victory is insufficient. It launched an injunction against Apple iTunes and its subsidiary for the application is completely eradicated from French territory.
At the hearing referred to, which took place Oct. 27 at TGI de Paris, Daniel-Olivier Kaminski, Licra lawyer, said that the discovery of this application had caused great excitement in the opinion: "The oldest remembered a dark period in our history, the younger rebelled against the emergence in France of religious or ethnic Files ", especially if they are accessible at any time by anyone.
Kaminski was pleased that I have removed iTunes "Jewish or not Jewish?" the sale, but according to him, disturbing public order remains, because the file still exists and is accessible from France by users that downloaded the application before it is removed from sale.
It is therefore an entirely new application: destroy Apple Remote application in devices of its customers, without asking their opinion. It ensures that the transaction is not a technical problem, based on a statement from Steve Jobs, the boss of Apple, dating from 2008.
He added that the creator of the application has aggravated his case by launching a new version, which allows users to enrich themselves, the database via a Facebook page. Without giving a specific example, he states that in the course of high school, young people play with the application and challenge their friends of the Jewish faith, saying, "Hey, you, you're Jewish, we will register!"
Faced with this unprecedented demand, counsel for Apple and iTunes, Me and Catherine Muyl Coline Warin, the firm Morgan Lewis, argue against a series of arguments. They point out that under French law, the host illegal content is only liable if he refuses to remove it after being warned - this is not the case. Apple has also involved in the process the author of the application, which, by contract, is solely responsible for its content, and must ensure himself that he does not violate any law.
On the other hand, the two lawyers argue that the destruction of a remote application bought by customers is unthinkable because it would constitute a flagrant violation of property rights. When a book is withdrawn from sale, no one will get the copies already sold in special military force. On the merits, the two lawyers Apple totally refute the accusations of antisemitism. They point out that the author of "Jewish or not Jewish?" Johann Levy, who lives in France, claimed membership in the Jewish community, and created its application by game, and in a spirit of community pride, "he feared even that it be considered excessively pro-Jewish. In his description, he said he does not claim superiority, nor any of its domination of any other community. " To this, Ms. Kaminski replied that Mr. Levy, whatever its intentions, "created a monster" that must be removed. The judge will make its decision on November 17.
Meanwhile, four other associations, SOS Racism, MRAP, and J'Accuse The UEJF launched a second procedure, this time for Apple Inc., the U.S. parent and the author of the application. They ask that "Jewish or not Jewish?" be withdrawn from sale worldwide including the U.S. - a very ambitious goal, given the laws and traditions in American freedom of expression. For this second case, the hearing was
referred to November 24th.
Yves Eudes
"Hey, you knew that Bob Dylan is a Jew?"
In its American version, the application "Jew or not Jew?" costs $ 1.99 and allows for a variety of searches: by name, profession, by popularity, by chance, and even film ("discover the Jewish stars in a movie"). Description to attract customers is very showbiz-oriented, "Hey, You know that Bob Dylan is a Jew? - Of course I knew. But Marilyn Monroe was really Jewish? And Harrison Ford?"
Moreover, the iTunes Appstore for all countries, including France, offering a wide range of competing applications, such as "Guess Who's Jewish?" (Guess who is Jewish?), Designed as a quiz. The same goes for the online store Android Market, which serves smartphones equipped with the Google Android.
