Internet - Federal Court of Justice examines copyright infringement lawsuit against ad-blocker
The Federal Court of Justice (BGH) is reviewing a claim by media company Axel Springer against an ad blocker. The publisher argues that the ad blocker infringes upon its copyright through an unauthorized modification of the programming of its websites. The main question, according to the BGH during the oral hearing in Karlsruhe, is: Does an intervention in the computer's protected programs occur? The highest German civil judges will only speak on this matter after an expected decision of the European Court of Justice (ECJ) on a similar case in October.
The case currently being heard at the BGH (AZ: I ZR 131/23) did not succeed in the lower courts. According to the Hamburg Regional Court, the influence on the program flow by the ad blocker is not a modification of the program. It remains open whether the files transmitted to the user upon a website call are protected as computer programs and whether the publisher has exclusive usage rights.
Axel Springer has been trying for years to stop the ad blocker Adblock Plus legally. In 2018, the publisher lost with an antitrust complaint. The BGH saw no unfair competition and no unlawful aggressive business practice in the company Eyeo's offer from Cologne. The decision on the use of the ad blocker lies with the user of the websites and not with the defendant company, according to the BGH at that time (AZ: I ZR 154/16 - Judgment of 19.4. 2018).
- Despite the ongoing review by the Federal Court of Justice in Germany, the European Union's highest court, the ECJ, is expected to deliver a decision on a similar case in October.
- The media company Axel Springer, known for its aggressive stance against ad blockers, has previously failed in its attempts to stop Adblock Plus in German courts.
- The case currently being heard at the Federal Court of Justice (BGH) involves a claim against an ad blocker that Axel Springer argues alters the programming of its websites without permission, potentially infringing upon its copyright.
- The dispute over ad blockers and the rights of media companies to display advertising on their websites is set to continue, with significant implications for the digital advertising industry in Karlsruhe and beyond.
