Court Again Sides With Ad Blockers Over Publishers

No inherent obligation on internet users to receive ads

The Landesgericht in Hamburg has again ruled against an online publisher, finding that AdBlock Plus (AP) is a legitimate privacy tool that allows consumers to protect themselves from unwanted tracking and harmful programs. Spiegel argued the ‘whitelist’ built into the AP tool gave certain advertisers an unfair advantage (the majority of users leave the AP ‘whitelist’ enabled by default), and advertisers must pay to be included in the Whitelist.

The court found that there was no inherent obligation on internet users to receive advertisements. Where an internet user initiated blocking and had full control over what was blocked, any default settings were irrelevant – even if a user chose not to change them.

Additionally, AP did not charge all ‘whitelist’ entities. Small and medium-sized websites – about 90% of the whitelist entities – were not charged. Only operators of larger websites were required to pay. The court felt that was no impediment to Speigel. Moreover, any injuries were self-inflicted by Speigel if it chose to prevent AP users from accessing its websites altogether.
http://www.online-und-recht.de/urteile/Spiegel-Online-hat-keinen-Unterlassungsanspruch-gegen-AdBlock-Plus-Hamburg-Landgericht-20161125/
jbho: an interesting an evolving topic. This decision is consistent with a previous challenge by BILD .

Also of interest: after the BILD decision, a letter supposedly from the European Commission indicted websites that detect ad-blockers to stop their users from reading webpages could be illegal under European law. http://www.theregister.co.uk/2016/04/23/anti_ad_blockers_face_legal_challenges

The saga continues.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: