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Seems like their argument would also apply to:

1. using antivirus software to infringe on copyright of viruses

2. using any bookmarklet

3. scratching out typos in a book you're reading

4. game mods

Quarrels about copyrights is one of the most favorite entertainment of Germans. Don't make mistake of engaging into this hopeless endeavour, and of course don't let them influence your local regulations.
If users are compelled to view ads than websites should be liable if those ads violate privacy laws or distribute malware.
This URL used to host an FBI recommendation to use ad blockers for personal security.

https://www.ic3.gov/Media/Y2022/PSA221221?=8324278624

It's gone now. I wonder if that's a policy choice.

Edit: It just moved to https://www.ic3.gov/PSA/2022/PSA221221

  The FBI recommends individuals take the following precautions...

  Use an ad blocking extension when performing internet searches. Most internet browsers allow a user to add extensions, including extensions that block advertisements. These ad blockers can be turned on and off within a browser to permit advertisements on certain websites while blocking advertisements on others.
> The decision notes that this is not just about “changing variable data in the memory of a computer, but rather changing code created by the bytecode of the website ‘computer program’ as a form of expression of the website programming itself.”

Everyone who actually writes software, meanwhile, and understands that code IS data, is collectively facepalming right now. I felt the tremors. Nevermind that almost since its inception, JavaScript has always been an optional component of the web, and my browser very well lets me turn that off. The ability to do so is critical to my security posture. That it also happens to remove distracting visual noise is a nice side bonus.

Firmly, without reservation: if you deliver to me content A, I am under NO OBLIGATION to actually consume content B, merely because you included it in the same package.

A little bit tangential but: I hated while living in Germany that some movies were legally available ONLY with german dubs. While making the only alternative, piracy... risky.
Wait, that means that whenever I'm looking at a billboard, somebody is getting money from me.

Sounds like stealing by just obstructing my view.

How do I get these filthy hands out of my pocket?

So if someone attempts to run malware when I visit their page, I am legally obliged to let them run it? Absurd and absolutely non-enforceable.
> For German publisher Axel Springer, ad blocking solutions are mechanisms that fundamentally undermine the company’s ability to generate revenue.

So they want to change the law so that they can impose their business model on people?

That's absurd.

> Axel Springer’s argument is that when Adblock Plus blocks or manipulates its website code (‘computer program’) present in the user’s browser, that amounts to a violation of its exclusive right of modification available under § 69c (2) and its reproduction right under § 69c (1).

A direct analogy here would seem to be a newspaper publisher arguing that if a reader chooses to fold up the newspaper into an origami duck, then the publisher's copyright has been infringed.

What’s next, a dark mode browser plugin is an illegal modification too?

Fuck off Axel Springer. Their “Bildzeitung” helped the rapid Verblödung (dumbification?) and radicalization especially against foreigners of the German population. Similar to what Fox News is doing in the US.

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When considering law, it's always worth noting that the specific particulars are arbitrary and path-dependent. I think it'll be hard to draw any kinds of conclusions on this ruling (which doesn't find against ABP, merely kicks the issue down to the lower court for reconsideration, not unlike Oracle v. Google with regards to API copyrightability) without reading the whole thing.

(One piece in particular I'm personally naive on is what German legal precedent says about consumer's right to modify consumed material. In the US, an author's copyright doesn't stop me, the reader of a copy I bought, from highlighting the book up, or crossing out passages I don't like, or tearing pages out, or turning the thing into a delightful booksafe. Naively, I'd believe ABP should be considered in that category of thing: an accessibility tool people use to modify the material they consume to better fit their needs. It doesn't modify the author's original work and it doesn't grant the reader the right to transmit the modified work to someone else, so I'm unclear on how copyright protection should be thought to enter in here, and I bet the text of the ruling clarifies).

If they ban ads then they must force companies to provide ad free options with realistic pricing. Ads are a hard line that I will not cross. Forced propaganda consumption is immoral.
What does the ad-free internet look like?

People hate ads, they are annoying and provide virtually no value to the end user.

People hate subscriptions, they cost money, are annoying to track, and gravitate towards being impossible to cancel.

Donations are feel good, but no one donates. Conversion rates tend to be <5% of users.

This topic always draws tons of outrage and anger over ads, but no one ever provides a solution besides "Users are entitled to everything on the internet and don't owe anyone anything. If you put content online, you are dumb to expect compensation, but I really love your work!"

Europe is absolutely cooked with it comes to Tech. No wonder they fall further and further behind on the world stage.
Many adblockers work by blocking dns resolution, which does not alter code. It's like putting on glasses which block out certain words of a book you're reading. No alteration of the source material or host.
> This affects all cloud-based applications such as computer games, standard software, SAP, etc.

Court overreach

Wouldn't their complaint be solved if ad blockers actually loaded the image (thus generating an 'impression') but didn't actually display it? Or displayed it with 0 opacity, or what-have-you?

Then everyone wins except the advertiser / ad network.

What bothers me the most is that these websites do not even know what advertisements they are publishing. It is not like a newspaper where they would have some editorial control.

Maybe I would not have a problem with this law if the websites were held responsible for the ads that contain malware.

Ok so what if I run the website in a VM allowing full execution of ad/tracking code, and then stream the video to a "browser" that blocks out the adverts?
Are ads "blocked" if, instead of being presented to a human, they're redirected and read by an AI?

Ad Reading As a Service.

> Axel Springer’s argument is that when Adblock Plus blocks or manipulates its website code (‘computer program’) present in the user’s browser, that amounts to a violation of its exclusive right of modification available under § 69c (2) and its reproduction right under § 69c (1).

It's really interesting, because the addition of Ads is not wanted nor in any way beneficial to the consumer in this transaction, it just happens to be part of the business model of the seller that he now seeks to protect.

Would the same apply if I buy a printer and modify it to use 3rd party cartridges?

How about a company that could remove the addictive elements of cigarettes?

If you want me to provide additional revenue on top of the transaction, then enter a contract with me. Just because you made it "free" doesn't mean you must be legally allowed to force me into some other consumption...

Would an ad-blocker that put a black square over the screen where ads were placed, instead of rewriting the HTML, then bypass these laws?