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French Publishers Prepare Lawsuit Against Adblock Plus

HughPickens.com writes Frédéric Filloux reports at Monday Note that two groups of French publishers, the GESTE and the French Internet Advertising Bureau, are considering a lawsuit against AdBlockPlus creator Eyeo GmbH on grounds that it represents a major economic threat to their business. According to LesEchos.fr, EYEO, which publishes Adblock Plus, has developed a business model where they offer not to block publishers' advertisements for remuneration as long as the ads are judged non-intrusive (Google Translate, Original here). "Several criteria must be met as well: advertisements must be identified as such, be static and therefore not contain animation, no sound, and should not interfere with the content. A position that some media have likened to extortion."

According to Filloux the legal action misses the point. By downloading AdBlock Plus (ABP) on a massive scale, users are voting with their mice against the growing invasiveness of digital advertising. Therefore, suing Eyeo, the company that maintains ABP, is like using Aspirin to fight cancer. A different approach is required but very few seem ready to face that fact. "We must admit that Eyeo GmbH is filling a vacuum created by the incompetence and sloppiness of the advertising community's, namely creative agencies, media buyers and organizations that are supposed to coordinate the whole ecosystem," says Filloux. Even Google has begun to realize that the explosion of questionable advertising formats has become a problem and the proof is Google's recent Contributor program that proposes ad-free navigation in exchange for a fee ranging from $1 to $3 per month. "The growing rejection of advertising AdBlock Plus is built upon is indeed a threat to the ecosystem and it needs to be addressed decisively. For example, by bringing at the same table publishers and advertisers to meet and design ways to clean up the ad mess. But the entity and leaders who can do the job have yet to be found."

24 of 699 comments (clear)

  1. Doesn't matter even if the publishers win... by TWX · · Score: 5, Insightful

    ...as someone else will develop a list, and just a list, of hosts serving ads, and someone else will develop a plugin that can read lists of any kind to block content, with claims that the content blocked can be for adult material or any other form of objectionable content. The user will put the location of the list in to the program themselves, and they'll continue to block the content. If the list gets taken down in one place, it'll be propped-up again somewhere else, or even stale, would still be better than no list at all.

    --
    Do not look into laser with remaining eye.
    1. Re:Doesn't matter even if the publishers win... by Anonymous Coward · · Score: 2, Insightful

      Blocking ads is fine. Blocking ads unless the publisher pays you for an exemption is extortion and not what I, as an ABP user, want.

    2. Re:Doesn't matter even if the publishers win... by AntEater · · Score: 5, Insightful

      That was my first thought too. It would be trivial to write a script that fetches and parses the existing lists used by adblock into a nice little hosts file where everything points to 127.0.0.1.

      I don't care whose business model it wrecks, I won't expose myself to any more advertising than I have to.

      On the other hand, it may be time for me to donate to Adblock.

      --
      Alex, I'll take keybindings not used by Emacs for $400....
    3. Re:Doesn't matter even if the publishers win... by TWX · · Score: 4, Insightful

      I didn't care about the ads when they were just text. I didn't care about them when they were small fixed images.

      I started to care when they were large fixed images, and then multiple variations of the same image on the screen at once, and then flashing or blinking or animated. They they started using Javascript and Java and Flash to pop-up, pop-under, open new windows, play sounds or videos automatically, and otherwise manipulate the browser itself, and that's when I installed ad-blocking software, and later I installed flash-blocking software and script-blocking software.

      So yes, in some ways I still browse the web like it's 1995. On the other hand, back in 1995 most of the web was text, and much of that text was actual useful content, and what few graphics there were contributed to the text as relevant content. Now most of what's retrieved is crap, so I'm happy to ignore the crap to get at the actual content again.

      --
      Do not look into laser with remaining eye.
    4. Re:Doesn't matter even if the publishers win... by Knightman · · Score: 4, Insightful

      Also, ad-heavy sites takes forever to load because the infrastructure supplying the ads sucks. On top of that the ad-agencies are using quite invasive tracking coupled with all the social network connectors that now are more or less standard on every site.

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      --- Reality doesn't care about your opinions, it happens anyway and if you are in the way you'll get squished.
    5. Re:Doesn't matter even if the publishers win... by nobuddy · · Score: 3, Insightful

      So much agreed here. And they LOVE to code the site so that it fucking stops loading to wait on that TRS-80 ad server that handles all of the western hemisphere from a dialup link.

    6. Re:Doesn't matter even if the publishers win... by bughunter · · Score: 3, Insightful

      I started to care when they were large fixed images, and then multiple variations of the same image on the screen at once, and then flashing or blinking or animated. They they started using Javascript and Java and Flash to pop-up, pop-under, open new windows, play sounds or videos automatically, and otherwise manipulate the browser itself, and that's when I installed ad-blocking software, and later I installed flash-blocking software and script-blocking software.

      It was the flashing and blinking and traveling ads that made me install AdBlock Plus (now use AB Edge). They were doing everything possible to distract your eye from the content.

      And like the author of the MondayNote article said, another reason that drove me to install it as standard kit on every computer I use was the CPU utilization of all of these animations and ads and crap. The CAD engineers get the souped up graphics and CPUs -- us project managers get aging, crippled POSes... it's not until you get to the VP level where you can sign a Purchase Req for the value of a high-end laptop.

      Finally, it's a huge security risk to let all of this code from the wild run on your machine. It's a fricken jungle out there, code wise, and the last thing I'm prepared to do is to give every page permission to run any code it wants. Thus, not just adblocker but scriptblockers and cross-site scripting is blocked, too. Plus I have Remove It Permently on browsers that the whole family uses so of one of us sees an image, ad or not, that's inappropriate on one of the pages our kid visits, we can block that, too.

      These days, you're either clueless, careless, or crazy to run up a stock browser on a Windows box and go surf the internet, even if you're not surfing pr0n and warez.

      --
      I can see the fnords!
  2. They can go bite a donkey by RoninRodent · · Score: 4, Insightful

    They use my bandwidth (without permission) to peddle me ads for things I don't want and they think the courts should force me to look at their ads by removing my choice? I use ABP specifically because I don't want their invasive rubbish. The courts should be forcing them to ASK me if I want them using my bandwidth if anything as they are effectively stealing it.

    1. Re:They can go bite a donkey by gstoddart · · Score: 3, Insightful

      I especially like the ads that cover the whole page or cause the page to scroll the text randomly up and down while you are trying read the content, which is actually the only reason I'm at the site to begin with.

      Bah, the content is secondary ... the purpose of the site is to sell advertising.

      They just can't figure out how to get you there without some content.

      And web sites which start playing music? That's been annoying for as long as it's been possible, and something I've had disabled for a long time.

      God, I remember the horror of terrible fscking midi songs playing on websites. Sorry, no, you deserve a kick in the head if you think your website should start playing music.

      --
      Lost at C:>. Found at C.
    2. Re:They can go bite a donkey by Anonymous+Brave+Guy · · Score: 1, Insightful

      They use my bandwidth (without permission) to peddle me ads for things I don't want [...] The courts should be forcing them to ASK me if I want them using my bandwidth if anything as they are effectively stealing it.

      That's an absurd argument. They are offering you access to some information, for free. If you choose to point your browser at their site and your browser then requests a download for that information from their server, it is your responsibility and no-one else's. They have no obligation of any kind to help you download any specific thing, and certainly not to actively help you circumvent what might be their preferred method of revenue generation. Get over your entitlement complex already.

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    3. Re:They can go bite a donkey by DutchUncle · · Score: 2, Insightful

      Yes, we know the sites have ads; but no, we did NOT ask for the ads, and if we can avoid getting the ads, then we will.

    4. Re:They can go bite a donkey by Pikoro · · Score: 2, Insightful

      I think the problem that you're failing to recognize which the OP stated was that yes, I pointed my browser at a website. What I did not point my browser at is the 14 IFRAME ads and analytics hosted by 15 other 3rd party providers. If a site wants to serve ads, then they should do like I did when I was running a largish (over 1M unique users a day) website. Sell your own ad space. Ad networks who host obtrusive ads need to go away. Unobtrusive stuff like text ads or static stuff I don't really have a problem with.

      Really slashdot? 3 minutes between comments, even on different threads?

      --
      "Freedom in the USA is not the ability to do what you want. It is the ability to stop others from doing what THEY want"
  3. Legal Opinion, Please? by some+old+guy · · Score: 4, Insightful

    IANAL, so I'd like a tort guru to enlighten us on exactly how creation and distribution of a product (AdBlock) that that gives consumers an informed choice over another product (advertising bullshit) is an actionable case. It sounds like a water utility company suing faucet makers for making a device that restricts flow of billable water, or the electric company suing light switch manufacturers.

    --
    Scruting the inscrutable for over 50 years.
    1. Re:Legal Opinion, Please? by gman003 · · Score: 3, Insightful

      I think they're claiming it's extortion, since you can pay to be removed from the block list. That might actually work (depending on how French law is), but might also be a good thing since it would mean adblockers just block everything (which would still presumably be legal).

  4. Ads can stay, as long as they behave by allquixotic · · Score: 5, Insightful

    There's really no other rational choice than to block most/all ads, in a world where ads can do just about anything they want. The annoyance and performance slowdown are trivial issues compared to the real problems. The same openness that allows Web-based ads to track you using cookies, launch plugins and pop-up windows, and prevent you from viewing content until you watch a video or wait some time, also (fortunately) allows users to fight back as a natural defense mechanism against these predatory tactics. For the advertisers to abuse this openness for their own personal monetary gain, while presuming to control what *I* run on *my* computer, while being appalled at my choice of doing the same, is ridiculous and contradictory.

    Far and away the gravest problem with ads today is that the vast majority of them pose *serious* security and/or privacy issues. Most ad networks do very little to prevent bad actors from embedding malicious content that tries to exploit browser zero-days, steal cookies, track your behavior, or trick you into visiting malicious websites. Until website owners and ad networks decide to completely purge all the security and privacy risks, advertising is essentially synonymous with an opportunistic attack on each user who visits an ad-infested site.

    On the open web, the only way advertisers are going to get any revenue is through earning the trust and goodwill of their customers. And we ARE customers -- customers who are currently being treated like shit. How would you like it if a car salesman walked up to you and started giving you a tattoo on the arm with the manufacturer's logo, seconds after you get out of your car and step foot on the lot? That kind of intrusive behavior should not be tolerated. And it isn't: users are doing exactly what the advertisers should expect them to do, given how they are being treated.

    Ad networks should start by having a manual screening process for each entity that wants to submit ads through their network. The integrity, ownership, and status of each entity should be scrutinized to ensure that they are a legitimate business and are registered with the proper authorities. Additionally, the network should perform constant random sampling of their current ads being run, and employ experienced security auditors or penetration testers to examine the source code and other dynamic behavior of the advertisement payload on various popular browsers, to determine if it is tracking the user or malicious in any way. If it is, all further business with that partner should be stopped immediately, and the advertisement removed from the network. Website owners and users should not be the ones having to push the ad networks to remove these abusers.

    The open Web is not going away. Users are in control of what displays in the web browser. Advertisers must either learn to work within a system of reasonable rules that do not attack users' systems or try to compromise their privacy, OR just keep fighting until their revenue stream is slowly strangled to death by their own despicable policies.

  5. Cry me a river, advertisers and marketers! by King_TJ · · Score: 4, Insightful

    Seriously, I *work* for a communications marketing company, and still, I think the whining and gnashing of teeth over plug-ins like ABP is misplaced!

    You can't realistically expect to stop people from blocking your ads with software any more than you can stop people from pressing "mute", channel change buttons, or just the "on/off" switch on the television when commercials come on!

    The truth is, ad banners, pop-ups, pop-unders, animated page overlays and the rest of it are just distractions. If you create one that's minimal enough so most people can't be bothered to actively use a tool like ABP to filter it? Then you've probably just made an ineffective advertisement that people aren't even paying attention to in the first place. Advertisers who "get" this and have worked hard to build more effective ads are prompting people to "fight back" with these blocking tools. The takeaway we probably all SHOULD be getting from this is that this form of marketing isn't a very good one.

    The fact that many site operators out there can barely make enough revenue to cover their costs of hosting means there's a strong interest in keeping the current business model in place and pretending it works. But truthfully, I think things would work out far better if marketers would agree to sponsor web sites likely to have an audience interested in one of their products. Just flat out pay their hosting for them, in exchange for the site making it clear your company is doing that for them. THEN you'd win the respect of the userbase and generate good P.R. and sales.

  6. Re: can't you just get working on something else by Anonymous Coward · · Score: 2, Insightful

    I like how APK is spamming us to promote his adblocking solution. Buying his solution is in effect supporting spam!

  7. Re:Well thankfully it's a French lawsuit... by cayenne8 · · Score: 4, Insightful
    What gets me is, they somehow think the internet, particularly the web portion of it, was set up primarily for their business needs.

    I remember not that long back...early to mid 90's when you rarely ever saw an advertisement.

    People need to be reminded that the internet is supposed to basically be a large network, where anyone can connect and set up a peer computer/server and trade information. I wasn't set up for making $$. While business is extremely valid on the internet, that is not the primary reason for its creation, and hopefully...not for its continuance nor regulation.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  8. Re:Have the Germans threaten to invade by Anonymous Coward · · Score: 2, Insightful

    France. A country that used to matter.

  9. Re:Have the Germans threaten to invade by halivar · · Score: 4, Insightful

    A whole 45 days? 350,000 casualties?

    Such effort.

    The Soviet Union fought the Germans for more than four fucking years, suffering somewhere between 20 and 40 million casualties.

    The Soviets were very proud of the fact that, having executed all of their competent commanders, they relied on brute-force meat-grinding in place of actual strategy. Make no mistake, it wasn't the Germans that killed all those Soviets; it was their generals and kommissars, sending them into needless suicide. And at the end of the day, they ended up killing as many Jews and enslaving half of Europe in place of the Nazi's.

    Fuck the Soviets. It's their own fault. Next time don't trade oil for land to Nazis.

  10. Re:Have the Germans threaten to invade by xevioso · · Score: 2, Insightful

    I don't hate the french; I just find them amusing. I find the antics of De Gaulle during WWII absolutely hilarious, as in, Monty Python-esque funny. He would march down the Champs Elysees when he did virtually nothing in the immediate aftermath of D-Day to help liberate his own country. Even Montgomery, who himself was insufferable, found De Gualle insufferable.

  11. The anti-French jokes are on you by Tenebrousedge · · Score: 4, Insightful

    The Anti-French sentiment stems from lingering inadequacy on the part of the Americans. France did not give the US the Statue of Liberty just because they thought the US was a bunch of really nice guys.

    The American Revolution was a proxy war, by France against Britain. It was very similar in many respects to the Soviet-Afghan War, where the United States funneled arms and billions of dollars to the Afghanis. The French involvement in the American war was of a vastly greater scale.

    The French supplied almost all of the gunpowder used through at least the first half of the war, almost all the cannon used throughout the war, tens of thousands of muskets, an army about the size of the Continental Army, military advisors, and vast amounts of money. In total they spent about a billion livres and increased their national debt by a third. The ante-climactic battle of the war involved a massive fleet engagement of French and British vessels and forced Gen. Cornwallis' surrender to the American forces. The Americans had no naval force worth mentioning (the description of a sixth-rate frigate as being "rough equivalent of half of a 64-gun ship of the line" is hilarious), and it is difficult to overstate either the power of a massed group of warships or their impact on warfare. Considered from an objective perspective, the American Revolution was an important but not decisive campaign in what should be known as the Second Hundred Years' War.

    Why did Americans turn against the French after the war? It's simple: they wanted to promote their own heroes, and the idea that they had won the war all by themselves. It's really embarrassing to have to teach your children that your country wouldn't exist except that it happened to be a bone of contention in someone else's scheme. Similarly, I spent quite a bit of time down in Panama this last year, and I met very few people who had any idea of the US involvement in the creation of that country. They make anti-gringo jokes pretty often too, and they're funny for the same reason that anti-French jokes are in the US, but in both cases the joke is on the one telling it.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  12. Re:Have the Germans threaten to invade by jklovanc · · Score: 3, Insightful

    There was another huge contributor to The Fall of France. The french doctrine relied heavily of fortifications in the form of the Maginot Line. It was an impressive installation and would have stopped the German army except for one major flaw; The main fortifications stopped at the Luxembourg border. The French Government did not want to isolate Luxembourg and Belgium. The German forces easily out flanked the static heavy defences.

  13. Re: Have the Germans threaten to invade by Anonymous Coward · · Score: 3, Insightful

    - Contrary to what you seem to think, as far as we're concerned you didn't really have to come save us, the war was already won by the Russians. (Although I do thank you for protecting us from them).
    - Historically, French military fares rather well. I'm not even proud of it, it's just a fact.
    - A lot could be said about the reasons for the rapidity of the German invasion in WWII, but cowardness of the soldiers wasn't such an important factor.
    - This page should be about the future of ad-blocking, using it to express your negative feelings about the French people is stupid and childish.