Ad blockers like AdBlock Plus don't violate law, rules top German court

In a major setback to German media giant Axel Springer, a court in the country has ruled that online adblockers like AdBlock Plus are completely lawful, and hence can be used freely. The decision by the Federal Court of Justice (BGH) was uploaded on the court’s website yesterday (see translated version here).

“We are excited that Germany’s highest court upheld the right every internet citizen possesses to block unwanted advertising online,” said Eyeo, the company behind AdBlock Plus.

Axel Springer had argued that the functionality AdBlock Plus provides makes the product anti-competitive. There’s a blacklist of websites, advertisements on which are automatically blocked by the software program.

Springer has been specifically miffed with the ‘white list’ feature of the adblocker which allows companies/publications to pay to get their website in that list, effectively making un-blocking ads a business model for Eyeo. In AdBlock’s terminology, such approved ads are “non-aggressive.”

The court, however, observed that since users have to actively search for products like these, they don’t pose a direct threat to publications, and hence can’t be ruled as anti-competitive or illegal.

While several German media organizations have taken Eyeo to court in the past over their online adblockers, none received a favorable judgment so far. Axel Springer’s has also failed in its attempt, but the company isn’t bowing down. They say they will now take the fight to Germany’s Constitutional Court.

“We are talking about an attack on the heart of the free media,” said Springer’s head of media law, Claas-Hendrick Söhring. “Only a select few publications can raise enough revenue via a paywall, she added, therefore making online advertising essential.”

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