The Heated Debate Surrounding Ad-Blocking Technology
The ongoing legal battle between Adblock Plus (Eyeo) and German media giant Axel Springer has taken a new turn, with the Federal Court of Justice (BGH) in Germany returning the dispute back to the Higher Regional Court (OLG) in Hamburg for retrial.
In a partial victory for Axel Springer, the BGH has overturned the OLG's initial ruling, citing unclear and contradictory findings on the question of whether the underlying code was interfered with. However, the BGH has not yet issued a final binding decision on the matter.
The case revolves around the admissibility of adblockers under copyright law. In the first attempt, Axel Springer tried to stop Adblock Plus with an antitrust lawsuit but was unsuccessful. In the new attempt, Springer is relying on copyright as a basis for their argument.
Adblock Plus, developed by Eyeo, blocks ads on websites by analyzing the source code of the website and identifying elements that represent ads. Springer, on the other hand, argues that Adblock Plus infringes upon the copyright-protected offer of media companies by altering the programming codes of websites.
Eyeo continues to maintain that no company should be allowed to prohibit users from determining their own browser settings or force downloads of content or tracking. The BGH's ruling does not play a role in a similar case concerning the copyright permissibility of distributing software that enables users to manipulate a console game program.
The financial damages to media offerings, reportedly in the millions, according to earlier statements by Springer's lawyer, are yet to be fully assessed. Springer's spokesperson considers the ruling a major success for the protection of online journalism.
The BGH announced during the oral hearing that it would wait for a ruling from the European Court of Justice on a similar case before making a final decision. As of late July 2025, no recent developments indicating a final resolution or a definitive ban or allowance of adblockers in relation to Axel Springer's copyright claims were reported.
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