For The Fifth Time Now, German Court Says Adblocking Is Legal

from the wanna-go-for-six? dept

A few months back we noted that various German publishers, including publishing giant Axel Springer kept suing adblockers, claiming they were illegal... and they kept losing. AdBlock Plus notes that German publishers are now 0 for 5 as yet another legal challenge to ad blocking has been rejected:

We received news late last week that we’d won our fifth straight lawsuit in Germany. This time it was brought by one Germany’s top newspapers, the Süddeutsche Zeitung (think a German version of the New York Times), and it follows victories over Axel Springer, RTL Interactive, ProSieben/Sat1 and Zeit/Handelsblatt. (That’s a veritable who’s who of old guard German publishing btw.)

The setting was Munich this time round, but the outcome was the same as the four times previous: it is indeed legal for users to block ads and our Acceptable Ads initiative is not a detriment for publishers but rather a potential benefit to them.

The judge clearly recognized the issues, noting that there's no contract between users and a site that requires them to view ads, no matter how much publishers may want to pretend that what they refer to as a "social contract" is somehow a legal contract. The court also, rightly, noted that the law is not designed to pump up a business model that is failing, and that it's up to the publishers themselves to create better business models.

Even though we're a publisher who relies on ads for some of our revenue, we've never been shy about recognizing that ad blockers are an essential form of freedom for users, to control what goes into their computers, and an important security tool as well. Would our own lives be easier if ad blockers didn't exist? Perhaps. But, as always, the onus needs to be on us to build business models that work, and not rely on forcing people into doing things they're not comfortable doing.

The sooner more publications realize this, the sooner we can get past the broken system we have of online advertising today.

Filed Under: ad blocking, germany


Reader Comments

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  1. icon
    JBDragon (profile), 6 Apr 2016 @ 9:43am

    Re:

    Netflix doesn't have Ad's!!! I have Ad-Blockers running and Netflix doesn't tell me to disable them. The only thing Netflix is now allowing any more is VPN's Trying to access content in the U.S.Netflix you can't get in your own country Netflix for whatever reason. Netflix has been putting a stop to that and the content providers have been bitching.

    There's NO ad's on Netflix Site that I'm aware of, and there's no commercial's in any of their content. I'm looking now to make sure.

    Yep, Main login Page, the only thing Ghostery is showing is (Signal) which is a beacons/tag manager. I'm blocking that. After signing in, It's still only that 1 item!!! It's about the cleanest site I've been to.

    I'm not sure what is going on. Let alone if Netflix in Australia is really any different. There would be no need to have any 3rd party ad's on their site. They make their money from the Subscription fee you pay every month.

    That leave me to believe you're trying to use a VPN and that's failing.

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