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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.

16 of 286 comments (clear)

  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. 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.
  3. 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...
  4. 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.

  5. 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...
  6. 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

  7. 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...
  8. 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.

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

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

  10. 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.
  11. 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.
  12. 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.

  13. 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.
  14. 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
  15. 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
  16. 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.