BGH orders legal action against ad blockers
The long-standing legal dispute between media conglomerate Axel Springer and ad blocker provider Adblock Plus has taken a new turn, as the Federal Court of Justice (BGH) in Germany has sent the case back to the Higher Regional Court (OLG) in Hamburg for retrial regarding the admissibility of ad blockers under copyright law.
This decision represents a partial success for Axel Springer, indicating that the BGH did not conclusively rule against the use of ad blockers but requires a more detailed examination at the lower court level.
The dispute centres around whether Adblock Plus unlawfully modifies the programming of websites and infringes upon the copyright of the publisher. In 2018, Germany's largest publisher, Axel Springer, lost a competition lawsuit regarding Adblock Plus. However, the company is now relying on copyright law in its second attempt with the legal dispute.
The BGH's decision to refer the case back to the OLG follows its ruling that the OLG's findings on the question of whether the underlying code was interfered with were unclear and contradictory. The presiding judge, Thomas Koch, also noted these inconsistencies in the OLG's ruling.
The OLG did not sufficiently address Axel Springer's statements about the particularities of a browser in the current case, according to the BGH. The court also deemed the OLG's ruling partly contradictory.
The legal dispute between Axel Springer and Adblock Plus has a history, with the companies previously engaging in a competition lawsuit in 2018. In that case, the BGH did not find unfair competition or illegal aggressive business practices in Adblock Plus's offer.
For users of Adblock Plus, the current status of the legal dispute means that the question of whether ad blockers infringe copyright remains unresolved and subject to further litigation following the BGH’s referral. Axel Springer continues to ban users of ad blockers from accessing sites like Bild online, maintaining its position against the use of such software.
As the legal proceedings continue at the regional court, a final ruling or settlement has not yet been reported. The dispute remains active, with ongoing judicial proceedings at the OLG in Hamburg following the BGH’s referral.
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- In the ongoing dispute between Axel Springer and Adblock Plus, the question of whether ad blocker usage conflicts with copyright law in the context of business and technology remains unanswered, as the Federal Court of Justice in Germany has referred the case back to the Higher Regional Court in Hamburg for retrial.
- Despite the BGH's decision not conclusively ruling against the use of ad blockers, financial implications for both Axel Springer and Adblock Plus could be significant, as the case revolves around the potential infringement of copyright law in the business sector, particularly in relation to digital content and technology.
