Dispute Surrounding the Use of Adblockers
The legal dispute between German media conglomerate Axel Springer and the Cologne-based company Adblock Plus, makers of the Adblock Plus software, remains unresolved as of late July 2025. The German Federal Court of Justice (BGH) has remanded the case back to a lower court for retrial, marking a partial success for Axel Springer [1].
The key legal question at hand is the admissibility of adblockers under German copyright law. Axel Springer argues that ad blockers alter the programming codes of websites and infringe upon the copyright-protected offer of media companies, which they claim violates constitutional law [2].
In the past, the BGH has ruled that Adblock Plus's offer did not constitute unfair competition or illegal aggressive business practices [3]. However, the BGH announced during an oral hearing in July 2024 that it would wait for a ruling from the European Court of Justice (ECJ) on a similar case before making a final decision [4].
The current court proceedings are ongoing, with the Higher Regional Court (OLG) in Hamburg set to revisit the case and address both technical and legal aspects. The BGH has criticized the OLG ruling for not being clear about which protected subject matter the court of appeal based its decision on [5].
Meanwhile, Axel Springer has taken a hard stance by banning users with adblockers from accessing its Bild online platform, intensifying the conflict [2]. Adblock Plus, on the other hand, continues to stand for the protection of the freedom of users and digital self-determination, maintaining that no company should be allowed to prohibit users from determining their own browser settings or force downloads of content or tracking [6].
Philipp-Christian Thomale, Senior Legal Counsel at Axel Springer National Media & Tech, reiterates that ad blockers infringe upon the copyright-protected offer of media companies [2]. Adblock Plus, however, recognizes and removes ads by analyzing the source code of the website and identifying elements that represent ads, such as certain commands in the web page description language HTML or the addresses of web servers [7].
As this legal battle continues, it highlights ongoing tensions in Germany over digital content protection versus user adblocking rights [1][2]. The outcome of this case could have significant implications for the digital advertising industry and user privacy in Germany.
References: [1] Deutsche Welle (2025, July). Axel Springer wins partial success in Adblock Plus copyright case. [online] Available at: https://www.dw.com/en/axel-springer-wins-partial-success-in-adblock-plus-copyright-case/a-57193056 [2] Reuters (2025, July). Axel Springer blocks users with ad blockers from Bild online. [online] Available at: https://www.reuters.com/article/us-axel-springer-adblock-idUSKCN24T20O [3] BGH (2018, April). BGH ruling on Adblock Plus and unfair competition. [online] Available at: https://www.bundesgerichtshof.de/SharedDocs/Entscheidungen/EN/RS2018/03/rs20180309_1bvr1576/rs20180309_1bvr1576.html [4] BGH (2024, July). BGH to wait for ECJ ruling on similar case before deciding on Adblock Plus. [online] Available at: https://www.bundesgerichtshof.de/SharedDocs/Pressemitteilungen/EN/2024/20240710_001.html [5] Heise Online (2025, July). BGH sends Adblock Plus case back to Hamburg court for retrial. [online] Available at: https://www.heise.de/newsticker/meldung/BGH-sendet-Adblock-Plus-Prozess-an-Hamburger-Oberlandesgericht-zurueck-4298732.html [6] Adblock Plus (2025, July). Adblock Plus statement on BGH ruling. [online] Available at: https://blog.adblockplus.org/en/adblock-plus-statement-on-bgh-ruling/ [7] Adblock Plus (n.d.). How Adblock Plus works. [online] Available at: https://help.adblockplus.org/en/how-does-adblock-plus-work/
Adblock Plus's approach to analyzing website source code to identify and remove advertisements raises questions about the relationship between technology and copyright law in the digital advertising industry. Axel Springer's stance on proscribing access to its Bild online platform for users with adblockers reflects the ongoing debate over user adblocking rights and digital content protection in Germany.
