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The Courts Advertising

Adblock Plus Victorious Again In Court 321

New submitter Xochil writes: AdBlock Plus has successfully defended itself in court for the second time in five weeks. The Munich Regional Court ruled against media companies ProSiebenSat1 and IP Deutschland. The companies sued Eyeo, the company behind Adblock Plus, asking the court to ban the distribution of the free ad-blocking software, saying it hurts their ad-based business model. An Eyeo release says in part: "We are elated at the decision reached today by the Munich court, which is another win for every internet user. It confirms each individual’s right to block annoying ads, protect their privacy and, by extension, determine his or her own internet experience. This time it also confirms the legitimacy of our Acceptable Ads initiative as a compromise in the often contentious and rarely progressive world of online advertising."
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Adblock Plus Victorious Again In Court

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  • Love it (Score:5, Insightful)

    by JMJimmy ( 2036122 ) on Wednesday May 27, 2015 @02:31PM (#49785237)

    "Today is also a sad day for internet users, because AdBlock Plus jeopardizes the financing options for all free internet sites. We still feel it is inadmissible under copyright and antitrust laws, and it is an anti-competitive attack on media diversity and freedom of the press. Therefore, we will review the options for appeal and further legal action against Eyeo.”

    I don't think they understand that they are free to publish whatever they want... but we are also free to ignore/cut up/block the stuff we don't want. I call that a win. If it means a bunch of publishers go out of business and the internet gets less commercial, I'm fine with that too.

    • As this is the forth lawsuit, it may just be Eyeo that goes out of business due to the lawyer fees.

      • Re:Love it (Score:5, Informative)

        by Frobnicator ( 565869 ) on Wednesday May 27, 2015 @02:58PM (#49785479) Journal

        As this is the forth lawsuit, it may just be Eyeo that goes out of business due to the lawyer fees.

        Germany is one of several nations that adopted a "loser pays" civil litigation model. I think they recovered all legal costs in another case, but don't recall which one and don't feel like looking it up.

        The ruling likely specifies that ProSiebenSat1 and IP Deutschland are liable for all or nearly all of the costs in this case, and Eyeo is likely have only the cost of their time.

        • Thank you for the correction. How I wish that was the case in the US.

        • Problem is that it doesn't necessarily cover all your fee's just those the court finds reasonable. Also it doesn't compensate you for all the lost time preparing your case with your lawyers and worrying about it.
          • Yes it does. Litigants in person in the UK can claim £18 per hour for their time. If you hire legal representatives they can claim for their time

            Costs also depend on parties being reasonable; court should be a last resort, so even if you win if you are unreasonable you may not get any costs awarded, or a nominal amount.

        • Attorney's fees (Score:5, Informative)

          by triclipse ( 702209 ) <slashdot&combslaw,cc> on Wednesday May 27, 2015 @09:03PM (#49787685) Homepage
          I practice law in California in one of the few areas where the prevailing party as a practical matter is entitled to recover it's attorneys' fees and costs. It is the best possible method to discourage meritless litigation as people generally think very carefully before filing a lawsuit. This should absolutely be the norm for most civil cases.
          • Re:Attorney's fees (Score:4, Interesting)

            by lars_stefan_axelsson ( 236283 ) on Thursday May 28, 2015 @03:55AM (#49789081) Homepage

            This should absolutely be the norm for most civil cases.

            An interesting twist we have here in Sweden is that for purposes of determining who pays cost, even if you win the case but is awarded less than half of what you originally claimed, you're counted as the loser when it comes to paying cost of litigation.

            Keeps down frivolous claims quite nicely. However, I doubt this way of running civil cases would serve well if we didn't also have the system of ombudsmen, i.e. in any case where the little guy would face interests with big pockets (including government) there's an ombudsman to hear you case and litigate on your behalf, providing both the expertise and funds. (They can also fine directly.)

    • by s.petry ( 762400 ) on Wednesday May 27, 2015 @03:11PM (#49785607)

      What neither side pointed out in their statements was that there is a huge difference between companies creating ads and adblock. Primarily, that Adblock does not come to users by default. People have to find, download, and install Ad-block. It does not come pre-installed on anything I have ever seen.

      Now compare that to the ad companies complaining who give you ads without your consent, and where you can not block them without an application like Adblock. You have to see their crap until you can figure out how to block it.

      I have nearly the same amount of respect for these "advert" companies as I do for spammers. I think there is a spec on the bottom of my shoe someplace... er wait, what did I step in??

      • Yup. Android & the "Adblock Plus Browser" is about the only example I can think of that is sort of pre-installed... in the browser anyway.

        • by s.petry ( 762400 )
          I don't have an Android, so correct me if I'm wrong.. The 'AdBlock Plus Browser' does not come pre-installed does it?
          • I don't have an Android, so correct me if I'm wrong.. The 'AdBlock Plus Browser' does not come pre-installed does it?

            It was on the front page last week... http://news.slashdot.org/story... [slashdot.org]

            • by s.petry ( 762400 )
              According to that article, it does not come pre-installed. It still requires a user do something to get the ability to block ads.
              • According to that article, it does not come pre-installed. It still requires a user do something to get the ability to block ads.

                I re-read the article and I'm not seeing what you're seeing (unless you're referring to the browser itself not being pre-installed?)

                What I am seeing is:

                Adblock Plus says its app is the first mobile browser to offer users ad blocking as an integrated, out-of-the-box feature. More people are using ad blockers, according to the company, and so moving to the mobile space automatic ad blocking at the browser level is a natural extension.

                • by s.petry ( 762400 )

                  (unless you're referring to the browser itself not being pre-installed?)

                  Obviously, I don't believe this requires a large leap on logic. I said users need to intervene to stop ads, you pointed to a browser which meets the exact criteria I gave.. that a user must intervene to stop ads. The browser only changes what a user needs to install to intervene and block ads.

      • by Tom ( 822 )

        I have nearly the same amount of respect for these "advert" companies as I do for spammers.

        Nearly? You mean that there is a difference between them? I'd be curious to find out what that is, because I really don't see any difference whatsoever.

    • by TheCarp ( 96830 )

      Very much so. Just because their business model requires people to make bad decisions, doesn't mean they have a right to enforce bad decisions.

      The web browsing they want is like, if you walked into a reseraunt to meet a group of 10 people, 1 of whom you know, and are told in this circle, we greet eachother with unprotected anal sex....at which point, everyone at the table stands up to "greet you".

    • by Lumpy ( 12016 )

      90% of those publishers either publish tripe, or rip it off from elsewhere. in fact a LOT of those sites simply rip off other people's work and pass it off as their own. LiveLeak for example steals stuff from Vimeo and youtube.

    • Re:Love it (Score:4, Insightful)

      by pr0fessor ( 1940368 ) on Wednesday May 27, 2015 @04:05PM (#49786053)

      You forgot that if they detect that the ads are being blocked they don't have to supply the service there are already sites that do this. If their services are good enough they may be able to provide a paid ad free experience and just not provide ad supported services to those with adblockers.

    • Re:Love it (Score:5, Insightful)

      by Jim Sadler ( 3430529 ) on Wednesday May 27, 2015 @04:40PM (#49786307)
      The internet was not established to allow or promote businesses. Capitalism is like a cancer that oozes its way into places that it should not touch. Perhaps we could set up a special suffix that any business looking to sell or recruit anyone for any purpose would be open fopr such purposes. I wonder how many eyeballs would be on such a channel. I suspect very few.
  • Over the last few weeks I have started to notice messages from various websites along the line of "It looks like you are using ad blocking software. Do you want to contribute to this site in another way?" Meaning do I want to give cash directly to the site.

    At the moment I am a bit divided over this issue. I understand their desire to collect revenue to fund a site. But I do need to balance that against the opening up of my system to all sorts of tracking. And at the moment my privacy trumps the websites

    • Over the last few weeks I have started to notice messages from various websites along the line of "It looks like you are using ad blocking software.

      I also see those messages, but I don't use any ad blocking software. Java is disabled, plug-ins are disabled, javascript is enabled and cookies are limited to the same domain. Whoever wrote those "ad blocking detection" functions is an idiot.

      • by OzPeter ( 195038 )

        Over the last few weeks I have started to notice messages from various websites along the line of "It looks like you are using ad blocking software.

        I also see those messages, but I don't use any ad blocking software. Java is disabled, plug-ins are disabled, javascript is enabled and cookies are limited to the same domain. Whoever wrote those "ad blocking detection" functions is an idiot.

        Or are very smart .. because I assumed that they actually worked.

      • by tlhIngan ( 30335 )

        I also see those messages, but I don't use any ad blocking software. Java is disabled, plug-ins are disabled, javascript is enabled and cookies are limited to the same domain. Whoever wrote those "ad blocking detection" functions is an idiot.

        it's most likely using the JavaScript detection - if you don't run the ad javascript, then you're most likely blocking it (are there any modern browsers that don't support javascript?).

        Of course, it's a basic check - there are more advanced checks that could be done. Bu

      • If they are the kind of scum that go for this approach, do I want to give them money? Hell, no!

        I am a pickpocket, but you outwitted me, so do you want to give me money so I can afford to pick someone else's pocket?

        Surely these are the kind of people law enforcement should be dealing with.

    • "Do I want to contribute to this site in another way?"
      No
      "But I've designed and made this content for you to enjoy, should I not be paid?"
      No
      "Okay, don't use my site then"
      Okay

      The sites that I want to use I donate to if given the option. They tend to not be overfilled with ads, but I will always look for the least annoying while most useful alternative to your content. If this makes you sad, that's fine with me.

      "What about the quality, it'll go down if there are no incentives."
      No, it won't.
      • by Darinbob ( 1142669 ) on Wednesday May 27, 2015 @03:56PM (#49785985)

        This reminds me of the giant blow up over paid mods to Skyrim. The player community went nuts. But the modding community also went nuts and split a bit, some still wanting to treat their modding as just a hobby same as any other open source, but others who stopped modding altogether because "we deserve to be paid", "no one ever voluntarily donates", "you're a bunch of freeloaders". Ugliest mess you ever saw.

        All because it was a system that worked well for a very long time, and then one day money entered the picture.

    • by Falos ( 2905315 )
      > the opening up of my system up of my system to all sorts of tracking
      This is a thorn in my side beyond the PaypalDonate? pleading out there.

      Time and again I'm quite willing to spare a dollar or ten on a product or service, or even simply hand it out, but I don't have a means. I'm not signing up for $stupidshit or supporting $IoTcloudshit service or announcing the details of my private transaction to every fucking ear that wants to harvest it for a penny.

      I'll probably resort to cash-bought prepai
    • And then you get sites like Slashdot, which have this wonderful checkbox that says because I am such a good user, that they will disable advertising for me if I want. Which even if I do, I still get ads served up to me - hence another reason for ad blocking software.

      Yeah.. I noticed that.. Rightt now, here on Slashdot, where I'm such a good user, I get to have ads turned off, uBlock is reporting 2 ad networks are *still* trying to put their shit on my system.. Good job, Dice.. Good thing I use Linux instead of Windows...

  • by gstoddart ( 321705 ) on Wednesday May 27, 2015 @02:38PM (#49785299) Homepage

    Why the hell do corporations think their business model is a guaranteed right, or that it confers any obligations on anybody else?

    My business model involves being given millions of dollars to engage in acts of debauchery with college girls.

    So far I've been having a hard time coming up with the millions of dollars. Or the college girls. Or the acts of debauchery. Most of them seem awfully complicated and there's stuff on TV.

    Who do I sue about that? (No, really, I need to know this. ;-)

    I should be given my millions of dollars to commit debauchery with college girls ... because ... business model!!

    • Can I come work for your company? I suggest we start by sending our bills to ProSiebenSat1 and IP Deutschland, they after all feel it is other's responsibilities to support a business model, therefore they should be more than willing to cut a check.
       

    • Patents & copyrights are some of the most idiotic guarantees of our time.

    • You are greedy. I, on the other hand, do not need nor covet millions of dollars. Just send the college girls over.

  • Duh (Score:5, Interesting)

    by PvtVoid ( 1252388 ) on Wednesday May 27, 2015 @02:46PM (#49785383)

    Why would anyone, ever, think that me not looking at their ad should be illegal? I mean, are we that far gone that it's even conceivable to have the courts forcing me to view ads?

    I look forward to the day when somebody makes augmented reality glasses that block meatspace advertising like billboards, TVs in airports and bars, logos on clothes, all it. I'll be the first in line.

    • Re:Duh (Score:4, Interesting)

      by tomhath ( 637240 ) on Wednesday May 27, 2015 @02:55PM (#49785455)

      Why would anyone, ever, think that me not looking at their ad should be illegal?

      That wasn't their argument. Their claim was that the web page should not be altered before it is rendered in the browser. Sort of like saying your TV remote control shouldn't have the capability to mute the sound during a commercial.

      • Re:Duh (Score:4, Informative)

        by PRMan ( 959735 ) on Wednesday May 27, 2015 @03:04PM (#49785543)

        Or like the courts would say that Hollywood could stop Christian groups from editing their movies down to a more acceptable level...

        Oh wait, that actually happened... https://en.wikipedia.org/wiki/... [wikipedia.org]

        • by tomhath ( 637240 )

          Or like the courts would say that Hollywood could stop Christian groups from editing their movies

          Nobody can edit a movie and redistribute it without the copyright holder's permission, that's an entirely different scenario. That's not the same as editing your own personal copy before letting your kids watch it.

        • I really liked the idea of dynamic edits, even if the methods this group had in mind sucked.. We could have had The Phantom Edit much sooner. It would be awesome to have the whole original *The Phantom Menace* file and then add a text file that says only play The Phantom Edit, or any other fan edit without actually spicing and re-rendering the whole thing.
        • You mean that's different from TV networks cutting movies left and right to make NC17 movies suitable for broadcast or "trimming" them down so they can squeeze in another ad break? Oddly, this seems to be a-ok with the studios.

      • Problem with that argument is the site's code is shipped pristine to your browser which is on your machine. Once inside your domain, you are free to make footnotes, comment out, etc. Then the browser interprets what *you've* done. No infringement involved.

        You can do exactly the same thing with a book or movie you have acquired legally. You just can't redistribute, which the browser does not.

        Taken to it's logical conclusion, their view would prohibit you from using ctrl-scroll to enlarge the text for

    • That'd be a pretty impressive piece of kit, I'd definitely buy that app for my set of AR goggles.

      We just need the virtual retinal display tech for AR to take off...staring at a tiny screen, regardless of lensing, is bad news.

      http://en.wikipedia.org/wiki/V... [wikipedia.org]

    • Why would anyone, ever, think that me not looking at their ad should be illegal?

      It goes a lot deeper than that. I am running software on a device I own. That software requests a resource from a remote service. After receiving it, the same software manipulates that resource in ways I have specifically asked it to in order to meet my needs.

      The plaintiff's case is that they have a legal right to tell me how to view a resource once it's on a machine I own. Copyright etc. isn't involved; I'm consuming a properly licensed copy of the resource that they sent to me. I'm not distributing it, ei

  • "protect their privacy and, by extension, determine his or her own internet experience. "

    I see what they did there!

  • people would not use adblock if advertising did not suck up so much bandwidth.
    • I don't mind the bandwidth. What I do mind, though, is that they don't even bother checking who's advertising with them and whether they use this vehicle to spread malware. As long as they pay, who gives a shit about the visitors of their pages?

      Showing ads to me is a privilege. Earn it!

    • I use Adblock Plus to block plenty of things that are not ads for this very reason. For example, CNN has autoplay news videos... or at least I presume they still do. Their ads I do't mind.

  • The bad news is that they had to defend themselves in the first place.
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Wednesday May 27, 2015 @04:18PM (#49786143)
    Comment removed based on user account deletion
  • Courts are not here to protect your failing business model. But it sure shows a certain kind of feeling of entitlement that you think they are.

  • by Chas ( 5144 ) on Wednesday May 27, 2015 @04:25PM (#49786195) Homepage Journal

    Blocking of ad content on the internet is a problem that the internet advertising community brought upon itself.

    Huge, messy, obnoxious high bandwidth, sometimes even dangerous ads.

    If the entire playing field of internet advertising wasn't as toxic as it is, we'd see a wider array of people running without adblockers.

  • by Snufu ( 1049644 ) on Wednesday May 27, 2015 @04:43PM (#49786349)

    is a public communication network, like a phone network. It was developed by public research dollars. I pay for my own bandwidth. I have ZERO obligation to tolerate your ads polluting my communication network.

    If you don't want people downloading your 'content' for free, put up a paywall.

    P.S.: F off and dye.

  • by Hohlraum ( 135212 ) on Wednesday May 27, 2015 @04:45PM (#49786363) Homepage

    Taboola is on that list. The kings of click-bait. They use about 4 million different domains to avoid being blocked outright as well. BS. The crappy part is I actually value Googles Ads but if you disable all acceptable ads you disable all sites.

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