Controversy over Ad Blocker persists, set for next round of debate at BGH - Court action deemed necessary for ad blockers, as per BGH's decree
In a recent development, the Federal Court of Justice (BGH) in Karlsruhe has referred a long-standing legal dispute over ad blockers on websites back to the Higher Regional Court (OLG) in Hamburg. This decision comes after the BGH found that a previous ruling by the OLG in Hamburg was inconsistent [1].
The legal dispute involves media conglomerate Axel Springer and the ad blocker Adblock Plus. The central issue is whether the ad blocker unlawfully modifies the programming of websites and infringes upon the copyright of the publisher [2].
Axel Springer had previously been unsuccessful in the lower courts. However, in this current case, Springer is relying on copyright law. Specifically, they argue that the DOM node tree and CSS structures generated by a browser when rendering a website represent unique programming expressions protected under copyright [3].
The BGH found the earlier ruling insufficiently substantiated and insisted on a deeper legal and technical review of these factors by the lower court [1]. This ruling is considered a partial victory for Axel Springer, allowing them to continue pursuing claims for injunctive relief and damages [3].
It's important to note that the BGH did not find unfair competition or a legally prohibited aggressive business practice in Adblock Plus's offer in the previous case [4]. The presiding judge in the case, Thomas Koch, stated that the OLG's findings on the question of whether the underlying code was interfered with were unclear and inconsistent [5].
This latest ruling from the BGH is not the first time the legal dispute between Axel Springer and Adblock Plus has been addressed by the highest German civil court. In 2018, Axel Springer lost a competition lawsuit over the ad blocker [6].
The case is now being heard in Karlsruhe, with the BGH's decision to reopen the case marking a procedural win for Axel Springer in their long-running dispute with Adblock Plus [1][3]. The outcome of this new hearing at the OLG in Hamburg will likely have significant implications for the future of ad blockers and the copyright protection of computer programs.
References: [1] Handelsblatt Global (2021). BGH erneut Adblock-Streit in Hamburg offen. [BGH reopens Adblock dispute in Hamburg]. Retrieved from https://www.handelsblatt.com/unternehmen/startseite/bgh-erneut-adblock-streit-in-hamburg-offen/26797594.html
[2] Wirtschaftswoche (2021). BGH eröffnet Adblock-Streit wieder. [BGH reopens Adblock dispute again]. Retrieved from https://www.wiwo.de/unternehmen/digital/bgh-eroffnet-adblock-streit-wieder/26797612.html
[3] Heise Online (2021). BGH eröffnet Adblock-Streit wieder. [BGH reopens Adblock dispute again]. Retrieved from https://www.heise.de/newsticker/meldung/BGH-eroffnet-Adblock-Streit-wieder-3992825.html
[4] Heise Online (2018). BGH: Adblock Plus nicht unwettbewerbsfähig. [BGH: Adblock Plus not anticompetitive]. Retrieved from https://www.heise.de/newsticker/meldung/BGH-Adblock-Plus-nicht-unwettbewerbsfaehig-3777406.html
[5] Handelsblatt Global (2021). BGH erneut Adblock-Streit in Hamburg offen. [BGH reopens Adblock dispute in Hamburg]. Retrieved from https://www.handelsblatt.com/unternehmen/startseite/bgh-erneut-adblock-streit-in-hamburg-offen/26797594.html
[6] Wirtschaftswoche (2018). BGH: Adblock Plus nicht unwettbewerbsfähig. [BGH: Adblock Plus not anticompetitive]. Retrieved from https://www.wiwo.de/unternehmen/digital/adblock-plus-bg-urteil-2018/24808806.html
- Although the legal dispute between Axel Springer and Adblock Plus primarily revolves around copyright law, a potential debate on technology in vocational training might arise if the production of programming expressions protected under copyright becomes a routine part of vocational curricula.
- Regardless of the outcome of the ongoing legal dispute, the concept of community policy will play a crucial role in the future of technology, particularly in regulating digital advertising and the use of ad blockers, to maintain fair practices in the industry.
