One for the lawyers - copyright, ad blockers, and paywalls

[dps]

Hm, in this case it's an ad-blocker that many people use, and video/forum tutorials on how to set them up to avoid such blocks of ad-blocking. The procedure can be done by lay persons within a few minutes without special tools or advanced technical knowledge by following a step by step instruction. (And at least in the beginning it was possible to get around the adblock-block by disabling javascript in Firefox.)

Sounds ineffective to me.

You don't need any special tools or any technical knowledge at all to break into most houses, and most people could do it in a few seconds if they were so inclined. 

[Syt]

We're not talking about burglary, though. Bild is arguing that their block is an effective protection in the sense of German copyright law. One criterium for that is how easily or not it can be circumvented. I'm questioning if this is the case if a layperson without specialized tools or hardware can add a few lines to their adblocker to get around it.

I'm not saying that people using such tricks are in the right. If Bild wants to show its content only to subscribers or people viewing ads, then that's ok, and people knowingly going around it are acting in bad faith. I'm mostly not sure if Bild's using the copyright law and its rules against circumventing copy protection is the best way for them to defend against tresspassers.

[dps]

We're not talking about burglary, though. Bild is arguing that their block is an effective protection in the sense of German copyright law. One criterium for that is how easily or not it can be circumvented. I'm questioning if this is the case if a layperson without specialized tools or hardware can add a few lines to their adblocker to get around it.

I suppose that then it boils down to just how many people know how to add those lines to their adblocker.  I'd guess it would be a minority, but I have absolutely no idea what the percentage would be.

[The Brain]

For the record, in most legal systems, breaking and entering does require that the access inside is gained through use of special tools or actions (as opposed to simply walking into someone's open home which can also be a crime but usually one carrying a much more lenient penalty). But even if someone uses a shitty door lock that can be opened with a credit card, doing so would be breaking and entering. The key here is that the owner put an actual (visible) protection against entry and you are intentionally circumventing it.

I'm not convinced that using a different legal situation as an analogy is helpful. Do you want the law to be changed?

[Zanza]

If I watch TV and go to the toilet or switch to another channel while they show their ads, do I circumvent their "effective" way to deliver ads and thus don't pay the proper price for their content? What if I use one of those (AFAIK legal) devices that cuts out the ads and watch the show later?

You are not breaking and entering anything - that would be hacking their server. You are merely using "glasses" to view their content as it is delivered to you.

By the way, Bild can and should build a paywall if they think that's the right way to monetize their content. But suggesting that using an adblocker is circumventing an "effective" copy protection is silly.

[Syt]

By the way, Bild can and should build a paywall if they think that's the right way to monetize their content. But suggesting that using an adblocker is circumventing an "effective" copy protection is silly.

Absolutely agreed. But as they said in a court the other day, selling ads is their primary business concern, not journalism, so ...

[crazy canuck]

Unfortunately Marti is using the wrong analogy - Shocker.

It is a copyright case because copyright includes, it is alleged by the corporation, not to have one's code interfered with.  This is a position being forcefully taken in a number of sectors and it will become an even more prevalent issue as the internet of things becomes the norm.  The real issue is to what extent can a user change or manipulate code of a product they use to suite their own purposes.  If it is left to litigation it seems certain of what the outcome will be because most people making these changes on an individual level cannot afford to fight the ensuing litigation.  I think some legislative action is going to be required.  But the problem there is educating the politicians to understand this area of tech and why it is important to have the legislative reform.

[Razgovory]

I'm not even certain what Marty is talking about with "skeleton key".  A skeleton key is just a master key.  They aren't made for one specific lock.

[The Brain]

Can't the sites have a user agreement, and then bring breach of contract civil suits? The state doesn't necessarily have to get more involved than this.

[crazy canuck]

Can't the sites have a user agreement, and then bring breach of contract civil suits? The state doesn't necessarily have to get more involved than this.

Sure, but the user agreements are essentially contracts of adhesion.  The state has always played a role in regulating those sorts of one sided commercial relationships.