A legal battle has been reignited in Germany concerning whether browser-based ad blockers violate copyright law. The case pits media company Axel Springer against Eyeo, the creator of the popular Adblock Plus extension. This dispute could have significant implications for the future of ad blocking technology and user control over their browsing experience in the country.
The core of Axel Springer’s argument is that a website’s HTML/CSS is a protected computer program. They claim that ad blockers intervene in the execution of this program by altering in-memory structures like the DOM and CSSOM. According to Springer, this action constitutes an unlawful reproduction and modification of their copyrighted work, which threatens their primary revenue model based on advertising.
A lower court in Hamburg initially dismissed Axel Springer’s claim, but Germany’s Federal Supreme Court (BGH) recently overturned that decision. The BGH found the lower court’s dismissal to be flawed and has sent the case back for further examination. The new ruling requires a re-evaluation of whether a website’s bytecode and DOM count as a protected computer program and if the modifications made by an ad blocker are lawful.
The potential consequences of a ruling in favor of Axel Springer extend beyond just ad blockers. As Mozilla’s Senior IP & Product Counsel Daniel Nazer has warned, a ban could also affect other browser extensions that modify webpages for reasons such as improving accessibility or protecting privacy. This legal precedent could hinder users’ ability to customize their browsing experience and limit their choices.
While ad blockers have not been outlawed, the revived case creates significant uncertainty. Mozilla has noted that the new proceedings could take years to conclude, and in the meantime, this legal ambiguity could cause a “chilling effect.” Browser developers might lock down their apps to avoid legal trouble, and extension developers may limit their tool’s functionality, ultimately impacting user freedom and innovation in the browser extension space.
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