German Supreme Court Postpones Decision on Ad-Blockers
The German Federal Court of Justice (BGH) has postponed its decision on whether ad-blockers violate copyright law. The court was set to rule on the case on Wednesday, May 3, 2023, but has now pushed the decision back to an unspecified future date.
The case revolves around a lawsuit filed by German publishing house Axel Springer against ad-blocker developer Eyeo GmbH. Axel Springer, which owns publications such as Bild and Welt, argues that ad-blockers infringe on its copyright by blocking the display of its advertisements.
Eyeo, the company behind the popular ad-blocker Adblock Plus, counters that its software does not violate copyright law. Eyeo argues that ad-blockers are a legitimate tool for users to control their online experience and that they do not infringe on the copyright of publishers.
The BGH's decision has been highly anticipated by both sides of the debate. The court's ruling could have significant implications for the future of online advertising and the use of ad-blockers in Germany.
Here's a breakdown of the key arguments in the case:
- Axel Springer argues that ad-blockers interfere with the display of its advertisements, which are protected by copyright. The company argues that ad-blockers are essentially "stealing" its revenue by preventing users from seeing its ads.
- Eyeo argues that ad-blockers do not infringe on copyright because they do not copy or reproduce the content of the ads. The company argues that ad-blockers are simply tools that allow users to control their online experience and that they are no different from other tools that users use to manage their internet usage, such as firewalls or anti-virus software.
The postponement of the BGH's decision raises several questions:
- What factors are contributing to the delay? It is unclear what reasons led the court to postpone its decision. It is possible that the judges need more time to review the arguments presented by both sides.
- What impact will the delay have on the future of online advertising in Germany? The delay could create uncertainty for publishers and advertisers who are waiting for the court's ruling.
- Will the BGH ultimately rule in favor of Axel Springer or Eyeo? The court's decision will have significant implications for the future of ad-blockers in Germany.
The BGH's decision on ad-blockers is a significant legal case with potential implications for the entire online advertising industry. It remains to be seen when the court will issue its ruling and what impact it will have on the future of ad-blockers in Germany and beyond.