German Publishing Giant Claims Blocking Ads Is Copyright Infringement, In Yet Another Lawsuit Against The Industry Leader

from the actually,-no,-it-doesn't dept

For over a decade, some Web sites have been moaning about adblockers. The German publishing giant Axel Springer hates them. It has been pursuing Eyeo, the company behind Adblock Plus, through the courts in Germany for years, accusing it of unfair competition. Here's how that turned out for the publisher, as reported by Eyeo on its blog:

Axel Springer publishing house has been trying to get ad blocking declared illegal. We beat them in the regional courts, we beat them in the appeals court, so they took us to the supreme court in Germany to try their luck a third time.

A year ago, Axel Springer lost at Germany's supreme court.

Of course, big publishers don't let little things like losing court cases at every level of the legal system stop them from pursuing their attack. As the Heise Online site explains (original in German), Axel Springer is suing Eyeo yet again, this time for alleged copyright infringement (via Google Translate):

"Advertising blockers change the programming code of websites and thus directly access the legally protected offerings of publishers," explains Claas-Hendrik Soehring, Head of Media Law at Axel Springer. "In the long run, they will not only damage a central financing basis for digital journalism but will also jeopardize open access to opinion-forming information on the Internet "

As Eyeo's company spokesperson pointed out to Heise Online, this claim is ridiculous. Adblocking software operates within a person's browser; it simply changes what appears on the screen by omitting the ads. It's no different from resizing a browser window, or modifying a Web page's appearance using one of the hundreds of other browser plugins that are available. It's completely under the control of the user, and doesn't touch anything on the server side. The fact that Axel Springer is making such a technically illiterate argument shows that it is now desperately scraping the barrel of legal arguments. Maybe it's time for the German publisher to accept that users have the right to format the Web pages they view in any way they like -- and that adblocking software is perfectly legal.

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Filed Under: ad blocking, adblock, copyright, germany
Companies: adblock, axel springer, eyeo

Bad Move: Google Removes AdBlock Plus From Google Play Store

from the not-doing-its-reputation-any-good dept

Another day in which Google makes a move that leaves me scratching my head about what it's thinking. It has decided to remove Adblock Plus from the Google Play store arguing that it interferes "with another service or product in an unauthorized manner." Obviously, some will argue that of course Google is doing this to protect its own ad revenue, but it still surprises me. Google's entire premise was built on the idea of building advertising that was non-intrusive and non-annoying such that it created value for people. The whole reason that Adblock exists is to fight back against bad advertising. On top of that, Adblock is a very popular tool, in part because it helps stop annoying advertising. If anything Adblock represents a useful way of exposing information about when and why people find advertising annoying.

As we've argued before, even though things like Adblock directly mean less revenue for us, we don't begrudge anyone for choosing to use it. To us, it's just a sign that we're not doing a good enough job delivering what our community wants in a manner they want it. That's useful. It sometimes puts us in a difficult position, because we have to deal with advertisers who only seem to want banner ads that our audience doesn't like. But we should never take that out on our community, but rather the responsibility is on us to seek out ways to convince advertisers and sponsors to work with us in ways that benefit everyone, rather than intrude or annoy our audience. On that front, we've always found Adblock to be a useful tool.

While Google may not view it totally that way, in the past, Google has generally taken the position that what's best for the user is something that it will support, even if it's not directly the most beneficial thing for Google. Instead, it took the longer term view that doing what's right for the consumer would mean that consumers would stick with them and trust them. But blocking AdBlock goes against that very concept. It's a short term move and one that the EFF (with whom we agree) sees as simply a bad move for Google.

Part of the appeal of the Google Play store is the lack of Apple iOS style walls and gates. Putting up those gates in a way that goes against user's own interests just seems like a bad long term decision.

Filed Under: adblock, adblock plus, advertising, business model challenges, censorship, google play
Companies: adblock, google