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Adblocking Does Not Constitute Copyright Infringement, Court Rules

jagdtigger
By jagdtigger
in Tech News
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Summary

 

A district court in Hamburg dismissed a case filed by Axel Springer against Eyeo GmbH claiming AdBlock Plus “changed the programming code of websites thus directly accessing the legally protected offer of publishers.”, thus breaking copyright law. The case got dismissed because ABP does not alter any code. Sadly Axel Springer is planning to appeal...

 

Quotes

TF:

Quote

After its defeat in the earlier action, in 2019 Axel Springer filed a new lawsuit on new grounds. This time around the publisher claimed that AdBlock Plus “changed the programming code of websites thus directly accessing the legally protected offer of publishers.” In other words, AdBlock Plus breaches copyright law. Eyeo immediately dismissed the allegations as “almost absurd”, noting that its browser-side tool does not attempt to modify anything on Springer’s servers.

Quote

n its lawsuit, Axel Springer cited a 2012 court ruling which found that software for Sony’s Playstation Portable console that changed code in memory to facilitate cheating was infringing. In that case the court found that the temporary modification of the software constituted a revision of the software, something which requires permission from rightsholders.

In this case, there were no claims that AdBlock Plus changed or manipulated any copyrighted works. Instead, Springer claimed that the software interferes with how copyrighted content is displayed in a browser. According to a judgment handed down by the Hamburg Regional Court, that in itself is not enough to determine copyright infringement by AdBlock Plus, or its users.

Quote

According to the Court, the HTML files and other elements are loaded into the user’s main memory when Axel Springer-controlled web pages are accessed, but that takes place with the publisher’s consent. Users who access those pages and also use AdBlock Plus are also entitled to store those files since when the files are transferred, there is an implied agreement for the user to do so.

Furthermore, while AdBlock Plus changes the structure of how websites are presented in a browser, the tool does not change any code, only how that code flows.

(only tok quotes from TF because those summed up the case in short, also linking a yahoo finance article with a bit more detail)

My thoughts

Well this is good news, despite all the negative voices claiming otherwise. Big media companies already have an obscene amount of control over things they shouldnt have.... Lets hope the appeals court leaves this ruling in place.

 

Sources

https://torrentfreak.com/adblocking-does-not-constitute-copyright-infringement-court-rules-220118/

https://finance.yahoo.com/news/eyeo-wins-landmark-copyright-court-111500991.html

 

https://eyeo.com/eyeo-wins-copyright-court-case/ 

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Get shit on Springer. A cat and mouse game no party will ever win, simply held in a state or loop.

▓ƆԀ▓ S▓₱▓Ɇ▓c▓s▓: i7 6ʇɥפᴉƎ00K (4.4ghz), Asus DeLuxe X99A II, GT҉X҉1҉0҉8҉0 Zotac Amp ExTrꍟꎭe),Si6F4Gb D???????r PlatinUm, EVGA G2 Sǝʌǝᘉ5ᙣᙍᖇᓎᙎᗅᖶt, Phanteks Enthoo Primo, 3TB WD Black, 500gb 850 Evo, H100iGeeTeeX, Windows 10, K70 R̸̢̡̭͍͕̱̭̟̩̀̀̃́̃͒̈́̈́͑̑́̆͘͜ͅG̶̦̬͊́B̸͈̝̖͗̈́, G502, HyperX Cloud 2s, Asus MX34. פN∩SW∀S 960 EVO

Just keeping this here as a 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So by this logic, any high school kid who has been bored and messed around with the Google Chrome DOM inspector tool to edit the text on websites as a joke has infringed copyright? Give me a break.

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pythonmegapixel

into tech, public transport and architecture // amateur programmer // youtuber // beginner photographer

Thanks for reading all this by the way!

By the way, my desktop is a docked laptop. Get over it, No seriously, I have an exterrnal monitor, keyboard, mouse, headset, ethernet and cooling fans all connected. Using it feels no different to a desktop, it works for several hours if the power goes out, and disconnecting just a few cables gives me something I can take on the go. There's enough power for all games I play and it even copes with basic (and some not-so-basic) video editing. Give it a go - you might just love it.

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Old media always trying to fight new tech.

There's plenty of ways for them to block off adblocking extensions on their website if they are so afraid of losing ad revenue. Good that they lost that one. Here's hoping they lose the appeal as well.

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Just now, pythonmegapixel said:

So by this logic, any high school kid who has been bored and messed around with the DOM inspector tool to edit the text on websites as a joke has infringed copyright? Give me a break.

Yeah. I mean, I can edit movies at home all day. So long as I don't publish my work, how on earth would anyone ever claim I'm infringing on their copyright. The same rules should apply to a web page. If I'm doing local modifications (with ad block), how does that infringe on their copyright (as long as I'm not putting the result back online again)?

Remember to either quote or @mention others, so they are notified of your reply

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8 minutes ago, Eigenvektor said:

If I'm doing local modifications (with ad block), how does that infringe on their copyright (as long as I'm not putting the result back online again)?

Yeah, and it doesn't even have to be with adblock. If changing the way the content is displayed constitutes copyright infringement then the suggestion is that we must never do anything like zoom in or out of web pages. What about a colourblind person who uses software to adjust colours on the page so they can distinguish them, is that copyright infringement? 

 

It is monumentally important that this appeal fails. If it doesn't then it will be a huge step backwards in user freedom.

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pythonmegapixel

into tech, public transport and architecture // amateur programmer // youtuber // beginner photographer

Thanks for reading all this by the way!

By the way, my desktop is a docked laptop. Get over it, No seriously, I have an exterrnal monitor, keyboard, mouse, headset, ethernet and cooling fans all connected. Using it feels no different to a desktop, it works for several hours if the power goes out, and disconnecting just a few cables gives me something I can take on the go. There's enough power for all games I play and it even copes with basic (and some not-so-basic) video editing. Give it a go - you might just love it.

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7 minutes ago, pythonmegapixel said:

Yeah, and it doesn't even have to be with adblock. If changing the way the content is displayed constitutes copyright infringement then the suggestion is that we must never do anything like zoom in or out of web pages. What about a colourblind person who uses software to adjust colours on the page so they can distinguish them, is that copyright infringement? 

 

It is monumentally important that this appeal fails. If it doesn't then it will be a huge step backwards in user freedom.

Even using a browser other than the one used by the developer might constitute copyright infringement in this case. Different rendering engines (or installed fonts) might change in the way the page is displayed, after all 😄

Remember to either quote or @mention others, so they are notified of your reply

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10 minutes ago, Eigenvektor said:

Yeah. I mean, I can edit movies at home all day. So long as I don't publish my work, how on earth would anyone ever claim I'm infringing on their copyright. The same rules should apply to a web page. If I'm doing local modifications (with ad block), how does that infringe on their copyright (as long as I'm not putting the result back online again)?

I view it more like a breach of contract instead of breach of copyright.  With that said, ABP effectively is like the Mafia (Google paying ABP, to allow the ads).

 

I can sort of get where the copyright claim is coming from though it's really the "where do you draw the line" kind of argument.  Companies like ABP are effectively providing tools to the consumer, so while from the consumer side the consumer's PC is the one modifying it does the tool being specific made to effectively do that constitute ABP as violating copyright (because to an extent they are effectively distributing it to the customer).  Their profit as well is being made by charging companies to not filter the ads as well.

 

An example of this would be this.  When ISP's inspect webtraffic and insert in things [it happened back in the day].  Does that constitute copyright infringement?  It's a real grey area to be honest.

 

On the consumer side of things though, definitely no copyright.  Contract breach maybe (implied contract that by accessing a free website you would be served ads).  The issue because is a company like ABP sort of redistributing it by modifying it before the consumer sees it.  [Which it appears the court ruled it wasn't]

 

Another similar kind of example though would be if someone released a webpage with random words; and released a physical cypher (blocking words) at a cost.   If someone digitizes it and provides it to consumers is it a violation of copyright?  The lines are blurry.

3735928559 - Beware of the dead beef

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Ah yes, the time tested legal tactic of putting willful ignorance of technology against assumed ignorance of technology and hoping you win through dumb luck.

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21 minutes ago, Eigenvektor said:

Even using a browser other than the one used by the developer might constitute copyright infringement in this case. Different rendering engines (or installed fonts) might change in the way the page is displayed, after all 😄

Oh yes. I don't want popups like "This site has been optimised for Microsoft Edge for Windows 10 or the Samsung Browser for Android. F*ck you if you want to use anything else!"

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pythonmegapixel

into tech, public transport and architecture // amateur programmer // youtuber // beginner photographer

Thanks for reading all this by the way!

By the way, my desktop is a docked laptop. Get over it, No seriously, I have an exterrnal monitor, keyboard, mouse, headset, ethernet and cooling fans all connected. Using it feels no different to a desktop, it works for several hours if the power goes out, and disconnecting just a few cables gives me something I can take on the go. There's enough power for all games I play and it even copes with basic (and some not-so-basic) video editing. Give it a go - you might just love it.

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6 minutes ago, wanderingfool2 said:

An example of this would be this.  When ISP's inspect webtraffic and insert in things [it happened back in the day].  Does that constitute copyright infringement?  It's a real grey area to be honest.

If you modify a physical newspaper before it lands in my mailbox (without my knowledge or consent), I would go so far as to classify this as document falsification. Same for a webpage. Copyright infringement would be the lesser evil in this case.

 

If I modify the newspaper myself (e.g. by drawing on it) then I see nothing wrong with it. The person selling me the tools I use to alter "my" copy of the newspaper also isn't doing anything wrong. If the ads are always in the same position and a company offers me some cardboard cutout to cover those, nothing wrong with it. Of course technology in a browser is a bit more advanced than this, but same general principle.

 

Unless the newspaper provides their own browser, they will never have perfect control over how the content is rendered. Are they going to sue Mozilla next, because content doesn't look exactly the same as in Chrome?

 

I agree that an ad blocker that is playing both side is morally questionable, but I also understand that they, like anyone else, are trying to earn money. And yeah, I get that this is somewhat ironic.

 

20 minutes ago, wanderingfool2 said:

Companies like ABP are effectively providing tools to the consumer, so while from the consumer side the consumer's PC is the one modifying it does the tool being specific made to effectively do that constitute ABP as violating copyright (because to an extent they are effectively distributing it to the customer).

As you said, they are distributing a tool that can be used to make modifications. They are not distributing modified content. As such I don't really see the copyright violation on their part. The modifications are also not hard coded into the tool nor do they apply to specific content, but rather just a set of rules to apply when modifying any type of content.

Remember to either quote or @mention others, so they are notified of your reply

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9 minutes ago, Eigenvektor said:

-snip-

Well this case though is regarding Ad Block Plus, so it's not really the discussion at the consumer level.  If it was a consumer level lawsuit, then I don't have any issue about this (as it's clearly not copyright infringement).

 

Since this is regarding ABP though, I do think it lies in the grey area of copyright (or some sort of theft).  Consider the days when analog stations were determined by a filter installed by the cable company (at your location).  If someone was coming around saying you could buy a device that would circumvent the filter it's undoubtedly breaking the law.

 

I get the concept of "have to make money somehow", but given that they are blocking the ads and then telling companies like Google to pay them to unblock them...that to me doesn't feel right and should I think be illegal in some way (even if there aren't laws currently making it illegal).  To an extent it's like extortion.

3735928559 - Beware of the dead beef

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1 hour ago, pythonmegapixel said:

So by this logic, any high school kid who has been bored and messed around with the Google Chrome DOM inspector tool to edit the text on websites as a joke has infringed copyright? Give me a break.

It depends.

 

It's copyright infringement if you release those modifications to others, which is what Adblock and related tech does, it's the core function. However trying to claim that Adblock is responsible for the copyright infringement is a bit disingenuous. Just because you leave the door unlocked, doesn't mean the next person is entitled to everything that was behind the locked door.

 

There are worse programs out there that just wholesale rip the content behind a paywall, and it's impossible for any company to do anything about these sites. The only way you keep your paywall content from being illegally accessed is by curating your audience, which nobody wants to do.

 

Like it is absurd when a book publisher or a newspaper publisher cries about loss of ad revenue, when it's themselves who are making people block the ads on the site by allowing trash-tier ads that do the exact same DOM manipulation adblock does on their sites. Curate your ads, or expect everyone to block the third party ads.

 

As a general rule:

1. ads should take up no more than 20% of the screen real estate.

2. you should not harass the reader with GDPR, Cookie, Subscription, or other interstitial popups. If I can't read the site within 2 seconds of loading the page, I'm within my right to block the trash you've left littered on your site.

 

If you want subscriptions, take the ads off entirely, because it's that double-dipping that makes people feel entitled to your content for free. If you're rather be ad supported, then the only stuff that should be behind a paywall is stuff that is not the same content. 

 

Webcomics have figured this out, traditional comics haven't. Youtube has figured this out (though youtubers haven't), Twitch hasn't. You can get people to support your efforts, but you must give them either an ad-free experience to get them to pay for the subs. It's an absolute guarantee that front-loading ads on a video or web page, just sends people away from the site without ever looking at your content.

 

There are plugins for chrome that behave similar to adblock and cut the sponsored portions out of videos on youtube. Then there are tools that not only download the youtube video, but cut the sponsorships out as well, and then repackage them onto piracy sites. 

 

Like people are so petty about stealing things, even things that are free.

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Posted

What's next, McDonald's tries to sue people from removing the pickles on their burgers?

 

Good on the court for siding with ABP. Hell, the entire lawsuit was based on a false idea. Adblockers do not modify code. They just don't. They instruct the browser to skip loading some code. It "modifies" the code in the same way changing channel on a TV during an ad break "modifies the program schedule". The ads are still there. It's just that you who changed the channel, or installed an adblocker, aren't viewing them.

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Posted

Coming up at 11; is copying and pasting snippets from news articles onto online tech forums a breach of copyright? 

🌲🌲🌲

 

 

 

◒ ◒ 

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4 minutes ago, Arika S said:

Coming up at 11; is copying and pasting snippets from news articles onto online tech forums a breach of copyright? 

Fun fact, the way that the majority of people here are copy and pasting text is actually a breach of copyright.  Like it or not, copying the heart of an article and posting it as a snippet wouldn't be protected under fair use (as a lot of the time people here tend to post so much of the snippets that people don't click on the article).

 

44 minutes ago, leadeater said:

Remember when DVR's and skipping ads was tried to be made illegal, seems they wanted to go for a round 2 on it

haha, I remember those times.  I really enjoyed when they made firewire access a mandatory thing (used my PC as the DVR instead of paying a ton for an actual DVR).

 

With that said, I do understand some of the issues with this.  Like the ability for ABP to effectively control the ad market space to the point that they charge other companies to allow ads.  It's be different if ABP made their money in different ways but really it seems like strong arming.

3735928559 - Beware of the dead beef

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Posted
45 minutes ago, leadeater said:

Remember when DVR's and skipping ads was tried to be made illegal, seems they wanted to go for a round 2 on it

Oh yes I do.........
And the one and only reason it wasn't made into law was because the question of "How would we enforce it" came up and no one had an answer as to "How" that was gonna work.
But hey; That was then, this is now and the enforcement tech has improved by leaps and bounds.... So lets try it again!

Whoever came up with that at the time I guess expected the cops to patrol and follow home every person that walked away from a Red Box to make damn sure you were going to watch your ads - All of them.

"If you ever need anything please don't hesitate to ask someone else first"..... Nirvana
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Speaking of things being "All Inclusive", Hell itself is too.
 

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Posted

If y'all don't want me to AdBlock then stop doing shit like this

Spoiler

Screenshot_20220119-062509.thumb.png.1e9164dd25e2d820e51479622dfd4fe7.png

Literally blocking half the screen and it follows you until you tap the small 'x'

-sigh- feeling like I'm being too negative lately

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1 hour ago, PeachGr said:

So it could be illegal to NOT watch ads. What world is this? 😄

Well if you block ads, you are quite literately stealing the content, because you're consuming it without paying for it. The ads are what's paying for your free content.

 

Like, theoretical scenario. Let's say Sponsorblock+Adblock became very mainstream (they aren't, with adblocking mostly being a thing nerds do out of curiosity or spite. Your average computer user can not be arsed to bother.)  Would LinusTechTips be harmed? Absolutely. Would people care? Absolutely not. They get their content without ads, for the same reason they want the dislike button. They would rather spite the creator, or the creators platform, and still consume the content.

 

I keep saying it, but ads are done. We're about to see the next great pushback on ads since x10 popups drove browsers to block popups (now they just popunder. yuck.)

 

https://www.theverge.com/2022/1/18/22889903/democrats-targeted-advertising-facebook-google-surveillance

Quote

The Banning Surveillance Advertising Act – sponsored by Reps. Anna Eshoo (D-CA), Jan Schakowsky (D-IL), and Sen. Cory Booker (D-NJ) – prohibits digital advertisers from targeting any ads to users. It makes some small exceptions, like allowing for “broad” location-based targeting. Contextual advertising, like ads that are specifically matched to online content, would be allowed.

 

“The ‘surveillance advertising’ business model is premised on the unseemly collection and hoarding of personal data to enable ad targeting,” Eshoo, the bill’s lead sponsor, said in a Tuesday statement. “This pernicious practice allows online platforms to chase user engagement at great cost to our society, and it fuels disinformation, discrimination, voter suppression, privacy abuses, and so many other harms. The surveillance advertising business model is broken.”

 

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well thats good to hear.

I was done after 2020 elections so I put a adblocker since then I never looked back.(never knew what one was until then)

Everyone, Creator - 初音ミク Hatsune Miku Google commercial.

 

 

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