Legal Action Sought for Ad-Blocking Software in BGH's View
In a significant development in 2025, the Federal Court of Justice (Bundesgerichtshof, BGH) in Germany has partially ruled in favour of media conglomerate Axel Springer, returning a long-standing legal dispute with ad blocker provider Adblock Plus back to a lower court for a retrial on the question of the admissibility of adblockers under copyright law.
The dispute, which has a history dating back to 2018, centres around whether Adblock Plus' manipulation of website programming is impermissible and infringes upon the copyright of the publisher. Axel Springer alleges copyright infringement by Adblock Plus, claiming that the adblocker interferes with the display and monetization of their online content.
However, the BGH did not settle the core copyright issue but recognized that the legal admissibility and consequences of using adblockers require further examination at a lower court level. This means that while Axel Springer has achieved a partial success, a final, definitive ruling on the copyright claim is yet to be made.
In the meantime, Axel Springer has taken proactive measures by banning users who employ adblockers from accessing its Bild online newspaper platform, indicating a stricter stance as the legal process continues.
The current case (Az. I ZR 131/23) is a continuation of the legal dispute between Axel Springer and Adblock Plus provider Eyeo. In the previous attempt, Axel Springer was unsuccessful in the lower courts. However, the BGH's ruling did not find unfair competition or illegal aggressive business practices in Eyeo's offer, as was claimed in the 2018 case.
The BGH's decision allows Axel Springer to continue its legal pursuit against Adblock Plus. The court ruled that an interference with the copyright protection of a computer program could not be denied based on the findings made in the OLG's (Higher Regional Court in Hamburg) judgment. The findings on whether the underlying code was interfered with were unclear and inconsistent, according to presiding judge Thomas Koch.
This ongoing dispute illustrates the complex balance between copyright enforcement and consumer use of adblock technology, with the highest German court playing a key role in interpreting the law but deferring the final judgement to lower courts. As the legal battle continues, both parties will be closely watching the lower court's retrial for a final resolution on the admissibility of adblockers under copyright law.
References: 1. Bild.de 2. Reuters
- The ongoing legal battle between Axel Springer and Adblock Plus provider Eyeo, centered around the use of adblockers and copyright law, highlights the intersection of finance, business, and technology.
- As the court case continues, the final ruling on the admissibility of adblockers under copyright law could have significant implications for the finance and technology sectors, particularly for online publishing businesses.
