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German Court Rules Adblock Plus Is Legal

An anonymous reader writes: Following a four-month trial, a German court in Hamburg has ruled that the practice of blocking advertising is perfectly legitimate. Germany-based Eyeo, the company that owns Adblock Plus, has won a case against German publishers Zeit Online and Handelsblatt. These companies operate Zeit.de, Handelsblatt.com, and Wiwo.de. Their lawsuit, filed on December 3, charged that Adblock Plus should not be allowed to block ads on their websites. While the decision is undoubtedly a big win for users today, it could also set a precedent for future lawsuits against Adblock Plus and any other tool that offers similar functions. The German court has essentially declared that users are legally allowed to control what happens on their screens and on their computers while they browse the Web.

34 of 286 comments (clear)

  1. They needed a freakin lawsuite ! by invictusvoyd · · Score: 3, Insightful

    To understand that !

    1. Re:They needed a freakin lawsuite ! by Anonymous Coward · · Score: 5, Insightful

      Yup, that's how the law works. Science also doesn't go by, "It's obvious so we don't need to test it," and we're better off for it.

      The only problem is - at least in the US - the cost of such actions to the smaller party. In this case it doesn't matter so much as you have one bunch of scrounging old media cunts in one corner and a bunch of dishonest pricks who take money from Google to whitelist their ads in the other. But the judgment is valuable nevertheless.

    2. Re:They needed a freakin lawsuite ! by MPBoulton · · Score: 3, Interesting

      Yup, that's how the law works. Science also doesn't go by, "It's obvious so we don't need to test it," and we're better off for it.

      The only problem is - at least in the US - the cost of such actions to the smaller party. In this case it doesn't matter so much as you have one bunch of scrounging old media cunts in one corner and a bunch of dishonest pricks who take money from Google to whitelist their ads in the other. But the judgment is valuable nevertheless.

      I have only recently become aware of the risks advertising poses through injected malware etc. and so am a very new user of Ad Block Plus, but you can just turn off their white listed adverts as well can't you? (or did I misunderstand that option when I installed?).

      Do you object that the default is to allow these whitelisted Google adverts?

    3. Re:They needed a freakin lawsuite ! by gweihir · · Score: 3, Insightful

      Indeed. It is fascinating how incapable of dealing with reality and how generally devoid of common sense the law has gotten. For example, if this had been declared not legal, would any user browsing with a text-only browser like Lynx have done something illegal? Or would what I do for the worst offenders (dedicated firewall rule) have been illegal?

      These are my pixels on my screen and I can damn well put into the screen frame-buffer what I like!

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  2. Common sense by ledow · · Score: 3

    If the software is running on the user's computer, at their express request, to do something - at the user's express request, then I can't see how you could rule any other way.

    If we were talking about an online-only service that "proxies" the web for you and removes ads, then you may have more of a case, however.

    And spyware that does it against or without user's consent (replacing other's adverts with your own, eh, Lenovo?) then that's a huge other matter entirely.

    But it's like ruling that if the user WANTS to look at a plain-text version of a particular webpage then that's up to them. So long as the viewer is the one choosing to change the content and knows that, why would you ever think differently.

    The alternative just doesn't bear thinking about. Websites DEMANDING that nothing interferes in the process of displaying their page as they intended. Unskippable ads, etc. like on DVD's. DRM for the web, effectively. No thanks.

    1. Re:Common sense by JaredOfEuropa · · Score: 5, Insightful

      Websites DEMANDING that nothing interferes in the process of displaying their page as they intended.

      It's those ads that most often interfere with "displaying the page as intended" in the first place. If a page doesn't load or hangs or whatever, it's usually due to a failed ad script.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
  3. Summary, TFA, concept wrong by Sooner+Boomer · · Score: 5, Insightful
    ABP does not block advertisement on your web site. It blocks advertisements coming FROM your web site onto a computer I own. I own the computer, not the web site. I have the freedom (so far!) to control what I see on my computer when I decide to visit* a web site.

    *People misuse the term "log-in" to a web site when they actually mean "visit the URL", but that's another rant...

    --
    Chaos maximizes locally around me.
  4. Do not avert your eyes.... by Needs2BeSaid · · Score: 4, Insightful

    Ad companies would love to make it illegal for you to get up and go to the bathroom while commercials play. The technology is already here that will tell our televisions when we look away. Just think of the possibilities for advertisers if they could get that data.

    --
    Some things need to be said...
  5. ads by beefoot · · Score: 3, Interesting

    Pictures ad or text ad on website usually host on different servers than the content provider. If I use my old fashion telnet to get the content, I would have to make an extra effort to download these ads. What I am saying is one would argue ads are not part of the "content" from the content provider.

  6. Re:And when capped internet comes then people will by Trepidity · · Score: 3, Informative

    Caps are getting more common in the US. One of the biggest national ISPs, Comcast, has been rolling them out city by city. So far still not in most of the country, but they've been rolled out as a "trial" in Atlanta, Memphis, Tucson, etc., and will probably be extended nationally. Here's their FAQ about it.

  7. Re:And the vendor response will be... by Binky+The+Oracle · · Score: 5, Insightful

    I suspect the vendor response will be more along the lines of, "We've detected Ad Block on your computer. You will be unable to view content on this site while this is active." The legal decision is, IMO, the correct one. We're not in Oceania (yet) and we're still allowed to turn off our TVs or change the channel. That doesn't mean, though, that the provider of the content is required to show it to us if we choose not to pay for it in some way. Ad Block is probably going to have to get a little craftier about running in stealth mode in the future.

    --

    Slashdot comments... splitting hairs since 1997.

  8. If you want me to see ads by MeNeXT · · Score: 5, Insightful

    Serve them form your own domain. With your own cookies. Do not make them offensive in any way (Pop under, Popup, loud, require click through or interaction, ...) and most of all take responsibility when they contain malware and pay for the damage to my computer and my time.

    I understand you need to make money that doesn't mean you have to treat me like dirt.

    --
    DRM? No thanks, I'll just get it somewhere else...
  9. Re:Blocking AdBlock by Kardos · · Score: 3, Insightful

    > This is further compounded by some websites sticking up a dialog box telling me to register or "Like" them on Facebook if I want to continue browsing their content.

    No loss there. It's a safe bet that it's not content of any quality if users have to be coerced into announcing that they "like" it before they see it.

  10. Re:And the vendor response will be... by bmo · · Score: 5, Insightful

    I suspect the vendor response will be more along the lines of, "We've detected Ad Block on your computer. You will be unable to view content on this site while this is active."

    Some already do this.

    My response is always "fuck you, I'll go elsewhere then."

    And the "elsewhere" where they don't do that is typically better.

    I also run the EFF's Privacy Badger.

    --
    BMO

  11. There is no free lunch by Trachman · · Score: 5, Interesting

    Ad money is how many of the websites finance themselves, pay their bills. From that point of view the AdBlock hating sites only want to show you the contents ONLY if you see the advertisements.

    Expect further development of Ad pushing technologies, because the websites will need to get paid or they will go out of business.

    I think industry should consider the example of Netflix: for a cost of one movie one can watch dozens a movies at the convenience of their homes. Last time I have heard Netflix is not a loss making company.

    1. Re:There is no free lunch by BVis · · Score: 3, Insightful

      Ad money is how many of the websites finance themselves, pay their bills.

      Tough shit. The user has indicated that they do not want to see ads. Give the user what they want or go out of business. Find a different business model.

      From that point of view the AdBlock hating sites only want to show you the contents ONLY if you see the advertisements.

      Tough shit. I don't care what they want. If they don't give me what I want, I go somewhere else. That's the free market.

      Expect further development of Ad pushing technologies, because the websites will need to get paid or they will go out of business.

      Tough shit. Expect further development of ad blocking technologies to keep up. Eventually the arms race will lead to the abandonment of ad revenue as a source of support. The advertisers and site owners did this to themselves by ratcheting up the obnoxiousness of their ads to the point where people start blocking them or staying away from their site. No sympathy.

      Advertising is a blight on society. I can hardly go anywhere without someone trying to sell me car insurance, or legal assistance, or boner pills, or something else I don't want or already have. What the advertisers need to understand is that they do not have an inalienable right to shove ads in my eyeballs. If I want to ignore or block advertising, I have the right to do that. If that drives people out of business, that's fine, because other businesses that don't employ such an obnoxious business model will take up their business.

      I hate advertising in all its forms. Don't like that? Go fuck yourself, I don't care what you think.

      --
      Never underestimate the power of stupid people in large groups.
    2. Re:There is no free lunch by simplypeachy · · Score: 3, Insightful

      There's a place for obscenities and your reply was exactly that place. To reply appropriately: Fuckin' A!

  12. Re:And the vendor response will be... by beelsebob · · Score: 5, Informative

    My response is right-click -> inspect element -> backspace.

  13. Re:I don't even mind ads by Anne+Thwacks · · Score: 3, Informative
    Being older than you, when an advert appears instead of the content I requested, I assume it is the wrong URL, and try again. When that does not work, I try another URL.

    I do not go there to watch ads, and I do not want to watch ads. If I wanted to buy stuff, I would search for stuff. If they do not want their content to be viewed for free, let them put it behind a paywall where I don't have to see it at all.

    There is a precedent: If I don't pay to go to the cinema, I dont get to see the movie. I am happy with that. If they put it on the Internet where it can be seen, then it is supposed to be free - like it is on your front garden/window.

    --
    Sent from my ASR33 using ASCII
  14. Re:And the vendor response will be... by gstoddart · · Score: 4, Informative

    I suspect the vendor response will be more along the lines of, "We've detected Ad Block on your computer. You will be unable to view content on this site while this is active."

    Fine. And the last thing they'll see of me is the back button.

    Companies have two choices ... paywall the heck out of it, or accept that some fraction of people will block your ads. If you want to reach a broader audience, go with the latter. Otherwise, go with the former.

    But don't expect us to go all "boo hoo" because you think we should be participating in your ads. I'll continue to block anything which isn't the actual site I visited -- everything else is just parasites.

    --
    Lost at C:>. Found at C.
  15. Re: question by Anonymous Coward · · Score: 3, Funny

    A lot of things are forbidden in Europe and we're better off for it. One day you stupid americans will learn that civilization is defined but what we forbid and not by what we allow. The more bans, the more civilized a country is. It's as simple as that.

  16. Re:As it should be by Registered+Coward+v2 · · Score: 4, Interesting

    Even if we ignore the main use of Adblock Plus, which is blocking advertisements, and looking at the broader functionality of "users are legally allowed to control what happens on their screens and on their computers while they browse the Web", then it would be quite detrimental if users were force to render content on web pages. I personally don't use Adblock Plus, as I like to support the sites I visit, and most of the sites I frequent have only a moderate number of ads. However I do use stuff like Flashblock to stop things like autoplaying movies and animations. I also don't like running Flash by default as there are a lot of exploits. Not allowing users to run what they want, and being required by law to run whatever script the webpage sends at them is a recipe for disaster.

    What we are seeing is a fundamental collision between the old and new concepts of control. It used to be we could not control ads, such as on TV, all we could do is use them to as a break to do something else. Then came the VCR with timeshiftimg and fast forward and control switched from the content provider to the end user; which set off a fight over that ability. We are seeing that in the online world now as technology allows users more control over how content is presented and delivered; and the content providers are seeking ways, either via technology or courts, to limit the transfer of control. Some try to use the old model digitally, such as magazines that provide an online edition via a "reader" that flips pages and shows add pages just as you would with the print edition. I suspect we'll see new ways of delivering adds, especially as the box in our home gets more adept at recognizing who, and how many, are in the room and paying attention. Content providers will move from the, in the US at least, model of Intro, Add, Title, add, 8 minutes of action, ad, etc. to a way to more fluidly place commercials. Who knows, maybe part of the show will have a blue screen so adds could be individually tailored during the show, much as MLB does with ads behind home plate.

    --
    I'm a consultant - I convert gibberish into cash-flow.
  17. AdBlock Edge. uBlock. AdBlock Latitude. by Futurepower(R) · · Score: 4, Interesting

    "dishonest *** who take money from Google to whitelist their ads"

    CEOs should accept that I use an ad blocker. If I didn't have an ad blocker, I would be more aware of their ads and would probably be successful in getting some of the CEOs fired for dishonesty and incompetence.

    Adblock Edge is a fork of the Adblock Plus(R) version 2.1.2 extension for blocking advertisements on the web. Adblock Edge was primarily branched off from Adblock Plus(R) 2.1.2 source code package "https://adblockplus.org/downloads/adblockplus-2.1.2-source.tgz" created by Wladimir Palant.

    Adblock Edge will be discontinued in June 2015 in favor of uBlock , a general purpose blocker that not only outperforms Adblock Edge but is also available on other browsers and, of course, without "Acceptable Ads Whitelist".***

    Pale Moon x64 is Firefox with adult supervision. With Pale Moon, use AdBlock Latitude.

    Firefox is becoming less and less stable. It's so unstable that it often doesn't report crashes, so the crash reports aren't reliable, they show far fewer crashes than actually occurred. The underlying problem is that Mozilla Foundation needs better management. At present, Mozilla Foundation management is sometimes excellent and sometimes very unreliable.

    1. Re:AdBlock Edge. uBlock. AdBlock Latitude. by Grishnakh · · Score: 3, Insightful

      Firefox is becoming less and less stable.

      What the hell are you talking about? Firefox has become more stable; I abandoned FF several years ago because it crashed so often, and switched to Chromium; in the last year, I've switched back because Chromium is such a memory hog and crashes so much, and Firefox isn't and doesn't. FF is better with memory, and rarely crashes (esp. compared to Chromium). It's not perfect by any means, but it's a lot better than it used to be.

      When was the last time you used Firefox?

      That said, I also switched from AdBlock Plus to uBlock, and that's helped a lot too. ABP is a hog. (But I switched back to FF well before I dumped ABP.)

    2. Re:AdBlock Edge. uBlock. AdBlock Latitude. by Coren22 · · Score: 3, Funny

      APK, did you finally create an account?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  18. Re:And when capped internet comes then people will by PopeRatzo · · Score: 5, Funny

    My kids were eating up a ton of bandwidth watching YouTube videos on their iPods.

    I know, right? With their long hair and hippy-hop music. They don't know what it was like in our day, when we had 1 baud modems. We'd start downloading a topless picture of Adrienne Barbeau in April, and if you were really lucky, maybe you got to the nipples by October.

    Playing Pong Online was like playing chess by mail. I tell ya, kids just don't know how good they got it.

    --
    You are welcome on my lawn.
  19. Re: question by xenobyte · · Score: 3, Insightful

    A lot of things are forbidden in Europe and we're better off for it. One day you stupid americans will learn that civilization is defined but what we forbid and not by what we allow. The more bans, the more civilized a country is. It's as simple as that.

    You're kidding, right? Irony?

    In my opinion we would be better off with absolutely no limits on free speech.

    --
    "For every complex problem, there is a solution that is simple, neat, and wrong." -- H.L. Mencken (1880-1956) --
  20. Why not a background process requesting ads? by nightfire-unique · · Score: 5, Insightful

    One thing I never understood is why no one's come up with an ad blocker that still requests ads in the background, but doesn't display them (as an option).

    Quite literally, everyone wins in that scenario. Advertisers get to feel like they're changing the world. Web sites are funded. We don't have to deal with advertisements.

    And manufacturers/service providers are less likely to deal with the wrath of people like me who go out of our way to avoid products with offensive advertising. We won't know any better.

    --
    A government is a body of people notably ungoverned - AC
  21. Re:Good ... by AmiMoJo · · Score: 5, Interesting

    don't bloody act like I am required to see your ads.

    That wasn't their argument. Their argument was that a commercial company, the one that makes ABP, was altering their content and providing it to their users for profit, thus violating their copyright. Their argument was that it was akin to them taking a (free) magazine, cutting out all the adverts and then giving it to users, while accepting fees from advertisers to avoid being cut.

    The court didn't buy it, which is good, but don't mis-characterise their position just to make the look foolish. Their case has a strong basis in law, which is why it took so long to resolve.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  22. Re: question by Xiaran · · Score: 3, Insightful

    So it's cool if I go around telling people you are a pedophile?

  23. Re: question by Jason+Levine · · Score: 5, Insightful

    I wouldn't go that far. Even in the US, we have limits on free speech. However, I'd say that our limits are pretty sane. You can't spread lies about someone and expect to be able to claim "free speech" when you are sued. You can't threaten to hurt/kill people, claim "free speech", and expect to get off scot-free.

    However, if you say something bad about someone ("X is a crook") and you can back it up with evidence/facts ("here's a photo of X taking a bribe"), then you can't be successfully sued for libel/slander. You can also express a wide range of political opinions so long as you stop short of advocating killing fellow citizens. (You would be fine to say "Those LIBERALS/CONSERVATIVES/DEMOCRATS/REPUBLICANS/CHRISTIANS/ATHEISTS/PASTAFARIANS [pick one or more] are ruining America. We would be better off without them." You just can't continue with "... and that's why I want to round them all up and shoot them to death.")

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  24. Re:Always consider the opposite perspective... by twocows · · Score: 3, Insightful

    Then offer a solution where I can donate $5 to permanently disable ads. Unless your web service is something where I'm going to be downloading or uploading a whole lot of data, I'll never be using more than $5 of your resources and $5 is a hell of a lot more than you'd ever make off ads from one person over the course of a lifetime anyway. Some sites already offer this kind of thing and I commonly take advantage of it on sites I like. Other sites just get hit by Adblock. And no, I'm not going to pay a monthly subscription fee to disable ads on your site, either.

  25. Re: question by Xiaran · · Score: 3, Insightful

    Yes. Those things are limits on free speech. The OP want's "absolutely no limits" on it.

  26. Plus, uMatrix, RequestPolicy by CrashNBrn · · Score: 3

    Unfortunately, I haven't seen the other fork, uMatrix for FireFox. While RequestPolicy (continued) is good, I don't think enough people are involved in its development which has slowed down quite significantly, since the few months after it's fork from Request Policy 0.5.x. The management of RP rules is a complete mess, and RequestPolicy doesn't give anywhere near the level of control nor information that uMatrix (or uBlock) do. uMatrix is potentially more efficient (less resources; faster) than uBlock.

    As much as I hate FF for its Memory issues (refusing to release RAM when tabs and windows are closed). It certainly doesn't crash with any regularity, and FF Nightly (x64, Windows) is the browser I use 75%+ of the time.