FriendOfDeSoto

No. This is how the legal system works. When you appeal to a higher court, they can make a call themselves when massive mistakes were made at the lower level or they can say the lower court overlooked something and then make them redo their work. It’s a convenient choice for the higher judges not to have to do more work themselves. But it’s part of the process.

Loosely defined legal terms. A “computer program” can be copyrighted. You can write your own that does the same thing but you cannot copy the other code and slap your label on it. With a lot of imagination and bending the words of the shitty outdated law, you could say a website is also a “computer program.” You cannot just go into the code and change it, e.g. by blocking ads. The lower court ruling didn’t take this possible interpretation into account and now has to rule again with this in mind. Nothing’s been decided yet. We’re running a little hot in this thread on misleading headlines.

You would be building it on pretty much the same legal foundations. So it will just be history repeating.

Let’s take a deep breath and consider what’s happened. The Federal Court of Justice has sent the case back to the lower court. They have not ruled on anything. They have not said ad blocking is piracy. They have essentially said: lower court, you had 25 boxes to tick but you only ticked 24 in your ruling. Go back and do one that ticks all of them.

It’s entirely possible that the lower court will change its ruling based on the intricacies of German copyright law, which is shit. But it’s not very likely if you ask me. Regardless, whoever loses will appeal it again. This rodeo is far from over. And when it’s eventually over the technology will have moved on, with any luck the law along with it, and the only beneficiaries will have been the lawyers.

So the headline should read more like “German court does not rule out that ad blocking could be a copyright infringement.”

The argument that Axel Springer is just doing it for their love of democracy is also comical. Media pluralism is important, I agree with them that far, but they are stuck in an outdated mindset. They launched a silly tabloid Fox News wannabe TV channel and failed. They are trying to force eyeballs on their content like you are at a news agent. Meanwhile, news is happening on TikTok and so-called AI is going to reduce their page views to dust. By the time we get a final ruling they will have pivoted strategy 10 times to keep the c-suite in caviar while the established media business that made them successful is rotting away under their assess.