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Adblock Plus Victorious Again In Court

New submitter Xochil writes: AdBlock Plus has successfully defended itself in court for the second time in five weeks. The Munich Regional Court ruled against media companies ProSiebenSat1 and IP Deutschland. The companies sued Eyeo, the company behind Adblock Plus, asking the court to ban the distribution of the free ad-blocking software, saying it hurts their ad-based business model. An Eyeo release says in part: "We are elated at the decision reached today by the Munich court, which is another win for every internet user. It confirms each individual’s right to block annoying ads, protect their privacy and, by extension, determine his or her own internet experience. This time it also confirms the legitimacy of our Acceptable Ads initiative as a compromise in the often contentious and rarely progressive world of online advertising."

35 of 321 comments (clear)

  1. Love it by JMJimmy · · Score: 5, Insightful

    "Today is also a sad day for internet users, because AdBlock Plus jeopardizes the financing options for all free internet sites. We still feel it is inadmissible under copyright and antitrust laws, and it is an anti-competitive attack on media diversity and freedom of the press. Therefore, we will review the options for appeal and further legal action against Eyeo.”

    I don't think they understand that they are free to publish whatever they want... but we are also free to ignore/cut up/block the stuff we don't want. I call that a win. If it means a bunch of publishers go out of business and the internet gets less commercial, I'm fine with that too.

    1. Re:Love it by danbob999 · · Score: 3, Informative

      Blocking is still better because you save download time and resources (RAM, CPU)

    2. Re:Love it by Frobnicator · · Score: 5, Informative

      As this is the forth lawsuit, it may just be Eyeo that goes out of business due to the lawyer fees.

      Germany is one of several nations that adopted a "loser pays" civil litigation model. I think they recovered all legal costs in another case, but don't recall which one and don't feel like looking it up.

      The ruling likely specifies that ProSiebenSat1 and IP Deutschland are liable for all or nearly all of the costs in this case, and Eyeo is likely have only the cost of their time.

      --
      //TODO: Think of witty sig statement
    3. Re:Love it by Anonymous Coward · · Score: 3, Insightful

      And malware gets blocked.

    4. Re:Love it by pr0fessor · · Score: 3, Insightful

      You forgot that if they detect that the ads are being blocked they don't have to supply the service there are already sites that do this. If their services are good enough they may be able to provide a paid ad free experience and just not provide ad supported services to those with adblockers.

    5. Re:Love it by JimSadler · · Score: 4, Insightful

      The internet was not established to allow or promote businesses. Capitalism is like a cancer that oozes its way into places that it should not touch. Perhaps we could set up a special suffix that any business looking to sell or recruit anyone for any purpose would be open fopr such purposes. I wonder how many eyeballs would be on such a channel. I suspect very few.

  2. Re:"Annoying ads" by Ostrich25 · · Score: 5, Informative

    Not true. You can block all ads. https://adblockplus.org/accept...

  3. Boo hoo for your business model ... by gstoddart · · Score: 5, Funny

    Why the hell do corporations think their business model is a guaranteed right, or that it confers any obligations on anybody else?

    My business model involves being given millions of dollars to engage in acts of debauchery with college girls.

    So far I've been having a hard time coming up with the millions of dollars. Or the college girls. Or the acts of debauchery. Most of them seem awfully complicated and there's stuff on TV.

    Who do I sue about that? (No, really, I need to know this. ;-)

    I should be given my millions of dollars to commit debauchery with college girls ... because ... business model!!

    --
    Lost at C:>. Found at C.
  4. Re:Out of curiosity by Anonymous Coward · · Score: 5, Insightful

    1: Stop using them to track users, you want to show a text ad, fine Ill deal with it, but if you're going to track me across multiple sites then I block you.
    2: Make them text based, or at least no flashing colors etc..
    3: Stop using Flash, which is another attack vector
    4: Stop selling our personal information to every single spammer that offers you money for our info
    5: Make the site more than 75% content to 25% ads
    6: Secure your servers so we aren't being attacked from letting your ads through

    When you accomplish those simple things you may see a difference in the amount of people letting ads through, till then, go to hell.

  5. Re:Out of curiosity by Holi · · Score: 4, Insightful

    You post a sign on the side of the highway do not think others owe you anything to read it.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  6. Duh by PvtVoid · · Score: 4, Interesting

    Why would anyone, ever, think that me not looking at their ad should be illegal? I mean, are we that far gone that it's even conceivable to have the courts forcing me to view ads?

    I look forward to the day when somebody makes augmented reality glasses that block meatspace advertising like billboards, TVs in airports and bars, logos on clothes, all it. I'll be the first in line.

    1. Re:Duh by tomhath · · Score: 3, Interesting

      Why would anyone, ever, think that me not looking at their ad should be illegal?

      That wasn't their argument. Their claim was that the web page should not be altered before it is rendered in the browser. Sort of like saying your TV remote control shouldn't have the capability to mute the sound during a commercial.

    2. Re:Duh by PRMan · · Score: 3, Informative

      Or like the courts would say that Hollywood could stop Christian groups from editing their movies down to a more acceptable level...

      Oh wait, that actually happened... https://en.wikipedia.org/wiki/...

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    3. Re:Duh by Opportunist · · Score: 4, Funny

      Sooo... our browsers will honor the ADS_NOT_TO_BE_REMOVED flag as much as they honor our browser's DO_NOT_TRACK flag and we call it even?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  7. Re:Out of curiosity by OzPeter · · Score: 4, Insightful

    Those of you who block ads but still consume the services of sites that run them without paying into any subscription fee, why do you freeload?

    Leaving aside the technical issues for blocking ads (EG taking up *my* bandwidth for things I have no interest in, nefarious tracking schemes and their ilk, etc), your argument seems to be predicated on an RIAA lost revenue model.

    If I "freeload" now in order to view content a website, I severely doubt that I would buy a subscription to view content on that website if it became closed. Therefore if the website can't survive without monetizing all 100% of their viewers, why do you think it can survive with monetizing 100% of a smaller pool of viewers? IE I am not a "lost" sale - I was never a potential "sale" in the first place.

    --
    I am Slashdot. Are you Slashdot as well?
  8. Re:Out of curiosity by Coren22 · · Score: 4, Insightful

    7. No more video ads
    8. Quite autoplaying
    9. No audio ads overwhelming me when I am trying to read a text website

    --
    APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  9. Re:Out of curiosity by Falos · · Score: 3, Insightful

    Put your services behind the subscription fee, then.

    Deliberately giving it to public access then whining when it's accessed is bullshit.

  10. Re:Out of curiosity by easyTree · · Score: 5, Insightful

    10. No more "32 top reasons to click through 32 pages of eights ads" - type BS; thank you so much in advance.

  11. Re:Out of curiosity by easyTree · · Score: 5, Informative

    Here in Manchester (UK), there are an increasing number of HUGE eye-searingly bright digital displays on buildings, roadsides, on the sides of bridges under which the road passes... They are generally the slightly more upmarket version of the flash ads begging you to click - irritatingly distracting. I find it interesting that whoever grants these licenses would so casually prioritize ad revenue over driver safety. It's almost as if they don't actually care.

  12. Re:Out of curiosity by easyTree · · Score: 5, Funny

    I am not a "lost" sale - I was never a potential "sale" in the first place.

    Omg, communist! By using AdBlock you have robbed the advertising ghouls of the opportunity to perform a non-customer to customer conversion against your will, using their superior ad-fu. It's just not something that should happen in a free and democratic police state. Shame on you =S

  13. The missing difference by s.petry · · Score: 4, Insightful

    What neither side pointed out in their statements was that there is a huge difference between companies creating ads and adblock. Primarily, that Adblock does not come to users by default. People have to find, download, and install Ad-block. It does not come pre-installed on anything I have ever seen.

    Now compare that to the ad companies complaining who give you ads without your consent, and where you can not block them without an application like Adblock. You have to see their crap until you can figure out how to block it.

    I have nearly the same amount of respect for these "advert" companies as I do for spammers. I think there is a spec on the bottom of my shoe someplace... er wait, what did I step in??

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

  14. Re:Out of curiosity by RavenLrD20k · · Score: 3, Interesting

    When I've run my sites in the past, I've never put a single banner on that page that wasn't my own... except for a single page that was specifically built just to allow access for my users to make use of my affiliate programs. That one page had one affiliate block each for Amazon, DigiKey, NewEgg, and TigerDirect. The rest of the page was banner links to friends' pages where they were selling their own products or services. I made dick on running that entire ad page (maybe 60 cents over the course of that 2 year run), and I never expected to make any money off of it. It was only there as a side service to customers that were already cruising the rest my site for my products/information. My direct revenue at that time was only ever from whatever product or service I was using that site to sell, not advertisements from 3rd party sources. If I was running a blog on a page of the site, I wasn't making money off of it. That was just a way to put my own opinions out there. If you went there, read through it, maybe left a comment... great. Not once on that page were you going to be subjected to any kind of advertising. The #1 compliment that my customers and site visitors gave me on the site design? It was a refreshing break from the rest of what they had to deal with on the web. Simple, sleek, great use of colors, and the fastest loading pages that they've ever seen since the inception of the commercialized web.

    If you are a large syndicated news site, charge a subscription fee. That's fine with me. If I like a sampling of your articles, I'll probably pay for a subscription. If enough people feel you're worth the subscription fee...great, you get to live. If you're Joe Sixpack running a personal blog and putting your opinions out there with a ton of clickbait ads all over your page... Guess what; opinions are like assholes: Everyone has one and every single one stinks. You want to support yourself by putting yet another source of near useless information out there and rely on that for your only bit of income? You deserve to flounder when no one clicks your ads, blocks the ads, or just doesn't visit your site after the first go. If you're not truly insightful, you're offering nothing for society. If you were truly insightful, you'd be able to put your money where your mouth is and make something of all those wonderful ideas you have, and use that to make your money on...instead of bombarding me with garbage ads for enlarging my dick or what ever one neat trick pony they put up on your piece of shit site.

    Basically it comes down to this: do something useful that I'm willing to buy into? I'll go to your site and buy all day. Use your blog to bullshit me like a damn street hawker and then flash all kinds of ads in my face? Fuck you, goodbye. I listen to enough bullshit all day, I don't need yours too.

  15. Re:Out of curiosity by Darinbob · · Score: 4, Insightful

    Adblock is used as a self defense mechanism. If we keep getting punched in the face then we're going to start wearing head protection, no matter how much someone whines that they make their living by punching me in the face.

    If your livelihood depends upon annoying your customers, or even harming them, then you need a better job. If it's just a hobby then stop demanding that we pay for it.

    Seriously, who is the freeloader, me for protecting my computer and my bandwidth, or the advertisers who use my bandwidth without permission and sites who offer up any ads without testing for malware first? Try living for a month on dialup only or pay per megabyte, then see how much you learn to hate advertisers.

    - Treat your viewers and customers with respect
    - Be responsible
    - Stop tracking viewers
    - Stop stealing their bandwidth.
    - Provide the ads from your own server, not from a third party provider that you have no control over.
    - Stop annoying users with ugly crap, stupid animations, pop ups, pop unders, blaring sound, etc.
    - No videos!
    - Provide relevant ads
    - Stop sending out malware - if you do not vet your ads then you are at fault if malware gets through.

    If you have an advertisement that you feel is appropriate, then submit it to adblock and see if it gets on their whitelist.

  16. Re:"Annoying ads" by Firethorn · · Score: 5, Interesting

    Personally, I allow the adblock allowed ads. Not many sites use them.

    Sites I frequent that give me the 'Please disable your adblocker' I tend to respond with(and yes, I've used their forum/webmaster address to do this) 'Then use adblocker approved ads'.

    After about the 3rd time the ad sites tried to serve me malware it became more about protecting my computer than anything else. The fact that many sites are unusable to the point that I wonder if their web-admin is even testing the sites without an ad blocker doesn't help.

    --
    I don't read AC A human right
  17. Re:Wonder if by Lumpy · · Score: 3, Informative

    Depends on how much the US judge would have been paid off.

    --
    Do not look at laser with remaining good eye.
  18. Re:Websites are slowly catching on by Darinbob · · Score: 3, Interesting

    This reminds me of the giant blow up over paid mods to Skyrim. The player community went nuts. But the modding community also went nuts and split a bit, some still wanting to treat their modding as just a hobby same as any other open source, but others who stopped modding altogether because "we deserve to be paid", "no one ever voluntarily donates", "you're a bunch of freeloaders". Ugliest mess you ever saw.

    All because it was a system that worked well for a very long time, and then one day money entered the picture.

  19. Re:Out of curiosity by Anonymous Coward · · Score: 3, Insightful

    Well I ask you "6 Ways to Burn Your Belly Fat Fast", do you like visi"Work at home mom makes $8,795 month working part time"ting sites that be"CR7 Driven to Perfection Thanks to Herbalife"come unusa"Napoleon Games Play When Feeling Lucky"ble because of al"McDonals I'm + Lovin' + It"l the unrela"15 Downloads That Will Block Annoying Ads and Pop-Ups"ted advertentions? Do yo"The “Ordinary” Mom’s Discovery That’s Making Botox Doctors Furious!"u? Do you re"KFC It's Finger Lickin' Good!"ally like these 'free' ser"Can you hear me now?" vices?

  20. Banksy On Advertising by houghi · · Score: 5, Interesting

    âoePeople are taking the piss out of you everyday. They butt into your life, take a cheap shot at you and then disappear. They leer at you from tall buildings and make you feel small. They make flippant comments from the buses that imply youâ(TM)re not sexy enough and that all the fun is happening somewhere else. They are on TV making your girlfriend feel inadequate. They have access to the most sophisticated technology the world has ever seen and they bully you with it. They are The Advertisers and they are laughing at you.

    You, however, are forbidden to touch them. Trademarks, intellectual property rights and copyright law mean advertisers can say what they like wherever they like with total impunity.

    Fuck that. Any advert in a public space that gives you no choice whether you see it or not is yours. Itâ(TM)s yours to take, re-arrange and re-use. You can do whatever you like with it. Asking for permission is like asking to keep a rock someone just threw at your head.

    You owe the companies nothing. Less than nothing, you especially donâ(TM)t owe them any courtesy. They owe you. They have re-arranged the world to put themselves in front of you. They never asked for your permission, donâ(TM)t even start asking for theirs."

    â" Banksy

    --
    Don't fight for your country, if your country does not fight for you.
  21. Re:Ahh by Opportunist · · Score: 4, Interesting

    Why? Since when is it a court's business to protect some business model that doesn't work out?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  22. The intertubes by Snufu · · Score: 3

    is a public communication network, like a phone network. It was developed by public research dollars. I pay for my own bandwidth. I have ZERO obligation to tolerate your ads polluting my communication network.

    If you don't want people downloading your 'content' for free, put up a paywall.

    P.S.: F off and dye.

  23. Re:"Annoying ads" by hairyfeet · · Score: 5, Insightful

    Actually their acceptable ads (which you can turn off with a single checkbox and they even offer the option on first install) is exactly what I've been saying for years should be the only ads allowed due to security concerns,

    1.- Static only (no Flash or Java, but they go one further and put no animations like GIFs), 2.- No "pop up/ under" ads blocking content (which is more likely to cause the user to click to try to move it, thus making it a good target for a malware link) but again they go farther with actual size requirements, 3.- Ads have to be clearly labeled as ads (so no fake security dialog boxes or images the user might click on concealing ad links) and yet again they go farther than I came up with by rules for borders and a bunch of rules for hyperlinks.

    So as long as advertisers follow these rules? The odds of an ad based malware attack drops right off the chart. All your usual threats, third party flash, fake links, etc are removed from the equation. Most of us have no problem with the sites we use having a few adverts to stay afloat but what we DO very much have a problem with is putting users at risk for the profit of website owners. the ABP acceptable ads rules seems to address this concern and goes above and beyond so ATM I can really find no fault with the system.

    --
    ACs don't waste your time replying, your posts are never seen by me.
  24. Attorney's fees by triclipse · · Score: 4, Informative

    I practice law in California in one of the few areas where the prevailing party as a practical matter is entitled to recover it's attorneys' fees and costs. It is the best possible method to discourage meritless litigation as people generally think very carefully before filing a lawsuit. This should absolutely be the norm for most civil cases.

    --
    No Inflation Taxation without Representation
    1. Re:Attorney's fees by lars_stefan_axelsson · · Score: 3, Interesting

      This should absolutely be the norm for most civil cases.

      An interesting twist we have here in Sweden is that for purposes of determining who pays cost, even if you win the case but is awarded less than half of what you originally claimed, you're counted as the loser when it comes to paying cost of litigation.

      Keeps down frivolous claims quite nicely. However, I doubt this way of running civil cases would serve well if we didn't also have the system of ombudsmen, i.e. in any case where the little guy would face interests with big pockets (including government) there's an ombudsman to hear you case and litigate on your behalf, providing both the expertise and funds. (They can also fine directly.)

      --
      Stefan Axelsson
  25. Re:That's the good news... by XxtraLarGe · · Score: 3

    The fact that this happened, and with the right result, is a good thing as it confirms that the system is working.

    No it isn't. This would be like a malware company going after Norton or Kaspersky because it hurt their distribution model, or if ammunition manufacturers sued bullet-proof vest manufacturers because it makes their product less effective. Yeah, the good guys win, but they ended up having to spend a lot of money to defend themselves unnecessarily.

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  26. Re:"Annoying ads" by Tom · · Score: 3, Interesting

    Actually their acceptable ads

    The real kicker (and why I switched to AdBlock Edge a long time ago) is that they ask for 30% revenue share on those acceptable ads, and with that they got too much into bed with the advertisement industry.

    Especially given that AdBlock now belongs to a group of advertisement companies, and they whitelist all the ads from their network by default.

    They sold out, simple as that, and they fight in court not for the good cause (though that is a side-effect and a very good one) but to protect their revenue stream.

    --
    Assorted stuff I do sometimes: Lemuria.org