Legal assessment of ad-blocker software in the context of copyright law
The tension between the interests of website operators and the developers and users of ad-blocker software has reached a new dimension. With its recent decision of August 1, 2025 (BGH, Case No. I ZR 131/23), the Federal Court of Justice (BGH) has clarified that the use of ad blockers can indeed intersect with copyright law and that this technology could, in individual cases, constitute an infringement of rights. The reasoning behind the decision raises far-reaching questions regarding the scope of copyright protection, digital access controls, and technical protective measures.
Technical background: How ad blockers work
Ad blockers are computer programs or browser extensions designed to specifically suppress advertisements when loading a webpage. This is usually achieved by identifying certain scripts, images, or frames on websites—based on lists, filters, or artificial intelligence—and preventing them from loading. As a result, the end user perceives the webpage without the intended advertising content.
Website operators often finance high-quality digital content through the inclusion of advertising. In many cases, a significant portion of operating expenses is covered by advertising revenue. Consequently, many operators see the use of ad blockers as a threat to their economic and business foundation.
BGH decision: Criteria for copyright infringement
In the judgment mentioned, the Federal Court of Justice deals intensively with the question of under what circumstances the use of ad blockers can constitute a legally relevant impairment under copyright law.
Protection of digital works and circumvention of technical protection measures
At the heart of the matter, according to the court, lies the copyright protection of digital content pursuant to Section 95a of the German Copyright Act (UrhG). The decisive factor is whether the ad blocker is used to deliberately circumvent explicitly implemented technical protection measures that are intended to allow full access to content only when advertisements are displayed. According to the BGH, this is assumed if the website is clearly programmed to grant access to digital content exclusively in conjunction with advertising.
No general ban—case-by-case assessment is crucial
At the same time, the BGH emphasizes that not every use of ad blockers constitutes copyright infringement. The specific technological configuration and the intention of website operators to prevent the circumvention of advertising displays through certain protective mechanisms must each be thoroughly examined. A blanket ban on ad blockers has therefore not been established by this case law. Instead, a differentiated case-by-case assessment is required to distinguish between permitted use and infringements of positions protected by copyright.
Impacts on various market participants
Operators of digital services
The decision strengthens the position of operators whose business models substantially rely on advertising. It enables them, based on specific technical measures, to protect their economic interests and, under certain conditions, to invoke copyright protection.
Providers and users of ad blockers
For developers of ad-blocker software, it is necessary to carefully consider the technical requirements of potentially protected content offerings and thoroughly review any circumvention mechanisms. Likewise, users of ad blockers cannot simply presume that their use is always lawful, as in individual cases, they may be involved in circumventing digital protection measures.
Future prospects and unresolved legal questions
Current case law provides guidance for the ongoing differentiation of copyright assessments regarding ad-blocker technologies. In particular, the continued development of technical protective measures and their circumvention will remain at the center of legal and economic disputes. Whether and how the lower courts and legislators will respond remains to be seen.
It should also be expressly noted that further legal clarification will likely be required in the future regarding the nature and extent of specific protection measures, their effectiveness, and their impact on the permissibility of ad blockers.
Source reference: BGH, Judgment of 01.08.2025 – I ZR 131/23 (Status: ongoing copyright proceedings).
For companies, investors, and private individuals, this case law can give rise to complex questions regarding the use or defense against ad-blocker technologies. The Rechtsanwalt of MTR Legal assist clients with all challenges in the fields of intellectual property law and IT law.
