- Germany’s top court has revived a legal case that could lead to a ban on ad blockers over copyright violations
- The case originates from a lawsuit brought by a major German publisher against the firm behind Adblock Plus
- If this comes to pass, Germany will be the second country in the world, after China, to ban ad blockers
The German Federal Supreme Court (BGH) has put into question the very legitimacy of ad blockers. The court is now investigating whether these programs – which, by default, block certain elements of a website – can be qualified as copyright infringement.
The case originates from a lawsuit brought by Axel Springer, a major German publisher, against Eyeo GmbH. Eyeo is the company behind Adblock Plus, which is one of the best ad blockers according to TechRadar’s reviewers.
If ad blockers get banned in Germany, the consequences could be far wider than they seem at first glance. It’s not just ad blockers that could be in danger, warns Mozilla, as “such a precedent could embolden legal challenges against other extensions that protect privacy, enhance accessibility, or improve security.”
The legal battle between publishers and ad blockers is heating up
Axel Springer SE, which is one of the biggest media publishers in Europe, has been locked in a decade-long legal battle against Eyeo GmbH, meaning Adblock Plus. The publisher argues that ad blockers interfere with its right to control how its copyrighted content is rendered and displayed, potentially violating German copyright law – CyberInsider reported.
For a long time, Adblock Plus has seemingly emerged victorious from these legal battles, but that might not be the case this time around. Germany’s Federal Court of Justice has overturned parts of a 2023 decision by a Hamburg appeals court, stating that further fact-checking was needed.
The question comes down to whether ad blockers truly break copyright laws. The BGH is exploring the interaction between ad blockers and various structures of a website, including the browser’s Document Object Model (DOM) and CSS Object Model (CSSOM). The DOM is responsible for all the content to include on a page, and the CSSOM determines what it looks like.
The key legal question here is: Does modifying how a website displays through browser-side tools like ad blockers count as breaking the law? If the German courts rule that yes, it is copyright infringement, Germany could be the second country in the world to ban ad blockers, second only to China.
Why this matters for ad blockers — and beyond
Ad blockers are one thing. Many of us use them, and they help us get rid of pesky ads on a daily basis. However, if the German courts decide that any kind of browser-side alterations is copyright infringement, many similar browser extensions or tools may end up being banned too.
For instance, some of the best VPN software also comes with ad-blocking capabilities. There are also extensions or browser features that improve accessibility or offer additional privacy and security protection, like against phishing. All of those tools could potentially be banned right alongside ad blockers.
Given the potential danger, it’s no wonder that Mozilla, the developer behind Firefox, took a strong stance on the matter.
In a blog post published earlier this month, Mozilla’s Senior IP & Product Counsel, Daniel Nazier, notes that user freedom, privacy, and security are at risk if this court ruling comes to pass and Germany indeed bans ad blockers.
“We sincerely hope that Germany does not become the second jurisdiction (after China) to ban ad blockers. This will significantly limit users’ ability to control their online environment and potentially open the door to similar restrictions elsewhere,” wrote Nazier.
The case will now be reviewed by the court in Hamburg, which might take a year or two. Until then, the future of ad blockers in Germany will remain uncertain, as will data privacy in the country and throughout Europe. If other countries decide to take a page out of Germany’s playbook, we could have a bigger legal battle on our hands.
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