cross-posted from: https://lemmy.ml/post/34873574

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[–] 247 points 1 year ago* (last edited 1 year ago) (6 children)

This is truly dystopian. A ruling in Springer's favor here could imply that modifying anything on a webpage, even without distribution, would constitute a copyright violation (EDIT: only for material in which the copyright holder does not grant permission for the modification; so not libre licensed projects). Screen readers for blind people could be illegal, accessibility extensions for high contrast for those visually impaired could become illegal, even just extensions that change all websites to dark mode like Dark Reader could become illegal. What constitutes modification? Would zooming in on a website become illegal? Would translating a website to a different language become illegal? Where does this end?

This needs to be shot down.

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  • [–] 69 points 1 year ago (1 child)

    Dystopian, yes

    Also Fascist

    Something we never want to see in German politics in particular

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  • [–] 41 points 1 year ago* (1 child)

    I don't see a reason to have a preference for a specific geographic region to not be influenced by fascism. Fascism should not be instituted anywhere, in any scenario. Unfortunately, it's on the rise globally, and I'd personally prefer it not be present anywhere at all, not just in an area in which it has had previous influence.

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  • [–] 35 points 1 year ago

    New ubo feature: if page does not grant permission to block ads then entire page is blocked.

    When I come across a paywall that is not circumvented by simple script blocking I don't even bother to try anymore and I remove these suggestions from my feed.

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  • [–] 16 points 1 year ago* (last edited 1 year ago) (1 child)

    Also, wouldn't this ban also potentially kill or at the very least cripple FOSS too? And what about browser forks like LibreWolf or Icecat?

    Because I could see this law overriding rights that basically all FOSS licenses grant to modify something as long as that modification, and the source code in general, is still freely available.

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  • [–] 15 points 1 year ago* (last edited 1 year ago) (2 children)

    No, copyright holders have the right to provide permission for modification and distribution of their copyrighted material. That includes providing conditions for that permission, such as requiring the derivative to hold the same license (like GPL). This is a case where the copyright holder is not explicitly providing those rights, so it is a completely different scenario.

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    [–] 133 points 1 year ago (2 children)

    EU please stop, you were suppose to save us from American Tech abuse not join them.

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  • [–] 53 points 1 year ago (1 child)

    It's a monkey's paw situation. Sure, the EU will protect us from American tech abuse... and implement the same policies internally.

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  • [–] 15 points 1 year ago (2 children)

    We need an African Tech revolution. Unless their tech follows the same path, then we run to an Australian tech revolution. Asian tech is already cooked and has been for a long time.

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  • [–] 12 points 1 year ago (2 children)

    What could be the reason this keeps happening everywhere???

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  • [–] 15 points 1 year ago (1 child)
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  • [–] 78 points 1 year ago

    Good thing my computer isn’t in Germany. I will stop using web browsers before I disable ad blockers.

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  • [–] 76 points 1 year ago (5 children)

    Axel Springer says that ad blockers threaten its revenue generation model and frames website execution inside web browsers as a copyright violation.

    This is grounded in the assertion that a website’s HTML/CSS is a protected computer program that an ad blocker intervenes in the in-memory execution structures (DOM, CSSOM, rendering tree), this constituting unlawful reproduction and modification.

    This is complete bullshit thought up by people who have no idea how computers work. It's basically the failed youtube-dl DMCA takedown all over again. The (final?) ruling basically said that website owners cannot tell people how to read their websites.

    BTW, Axel Springer products are the equivalent of FOX in America and they are often embroiled in lawsuits against them. Just saying.

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  • [–] 21 points 1 year ago* (2 children)

    Ad blockers do literally the reverse, they don't inject anything, they sit on the outside and prevent unwanted resources from loading.

    Also it's fully legal for the end user to modify stuff on their own end. And the information in the filter about the website structure is functional, not expressive - no copyright protection of function.

    To claim copyright infringement for not rendering a website as intended due to filters also means it would be infringement to not render the website correctly for any other reason - such as opening the website with an unsupported browser, or on hardware with limited support, or with a browser with limited capabilities - or why not because you're using accessibility software!

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    [–] 65 points 1 year ago* (last edited 1 year ago) (3 children)

    I speak German legalese (don't ask) so I went to the actual source and read up on the decision.

    The way I read it, the higher court simply stated that the Appeals court didn't consider the impact of source code to byte code transformation in their ruling, meaning they had not provided references justifying the fact they had ignored the transformation. Their contention is that there might be protected software in the byte code, and if the ad blocker modified the byte code (either directly or by modifying the source), then that would constitute a modification of code and hence run afoul of copyright protections as derivative work.

    Sounds more like, "Appeals court has to do their homework" than "ad blockers illegal."

    The ruling is a little painful to read, because as usual the courts are not particularly good at technical issues or controversies, so don't quote me on the exact details. In particular, they use the word Vervielfältigung a lot, which means (mass) copy, which is definitely not happening here. The way it reads, Springer simply made the case that a particular section of the ruling didn't have any reasoning or citations attached and demanded them, which I guess is fair. More billable hours for the lawyers!

    [Edit: added "The way I read it, coz I am not 100% sure, as explained later.]

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  • [–] 21 points 1 year ago* (2 children)

    I wouldn't call it fair, this is a clear cut case of copyright law abuse and they shouldn't be able to make dumb stuff up and waste everyones time. This shouldn't even be a case.

    The company is also shady: https://en.m.wikipedia.org/wiki/Axel_Springer_SE

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  • [–] 18 points 1 year ago (6 children)

    Honestly, a lot of modern copyright law is very shady. You can get in major trouble for ripping a CD or DVD? That sounds insane. And what about not being allowed to repair your own tractor? Do you remember the baby dancing to some music, that was then DMCA-ed away?

    My favorite is still the absolutely bonkers almost 100 years on copyrights. That has absolutely nothing to do with "the Progress of Science and useful Arts," everything with lining the pockets of copyright holders.

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    [–] 49 points 1 year ago (9 children)

    So much for Europe being more progressive. They’re shilling for corporate on par with the states.

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    [–] 46 points 1 year ago* (last edited 1 year ago) (1 child)

    This is grounded in the assertion that a website’s HTML/CSS is a protected computer program that an ad blocker intervenes in the in-memory execution structures (DOM, CSSOM, rendering tree), this constituting unlawful reproduction and modification.

    Dumbest fucking thing I've ever heard of.

    Will they make Reader Mode in browsers illegal, too?

    What about "dark mode" or "resize font" when the website doesn't offer those accessibility features?

    Will they make the "mute" function on browser tabs illegal, since it modifies the website author's intention to play audio upon page load?

    I will continue to block ads, spyware, trackers, unwanted elements, popups, and social media links, "illegal" or not.

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    [–] 42 points 1 year ago

    I buy a newspaper and black out all the advertisements. Now the government is banning black felt-tip pens?

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  • [–] 39 points 1 year ago

    The copy of the web browser is mine, the data I've downloaded is mine, I can do what I want with it.

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  • [–] 37 points 1 year ago (2 children)

    Next they'll say that avoiding ads by abandoning the internet on the whole is illegal and that you are legally required to watch ads x times, or for y minutes, per day.

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    [–] 36 points 1 year ago (3 children)

    What a shit website and article. At least post the one from Mozilla themselves.

    The case is not just blocking adblockers: the issue is that Adblock Plus specifically charges companies to let their ads go through. That is one of the main concerns.

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    [–] 29 points 1 year ago (11 children)

    How can it be illegal? Makes no sense whatsoever.

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    [–] 27 points 1 year ago*

    The "owners" of our world want us to be passengers, not drivers. They own the carusel, and we rent our rides.

    They say we have no skin in the game. Truth is, SKIN is ALL we have in this game. We must have assets in the game as a birthright to make it worth playing in good faith. If most are landless and assetless, sorry, the game sucks. That means untill we get the rules that protect all of our interests, as opposed to protecting massive wealth accumulations at everyone's expense, we will ignore the rules, the norms, decorum, civility, etc.

    If the hoarders break the social contract repeatedly, like they have since 2008, it takes people some time to internalize and digest the fact of what it means for none of us to be bound by a social contract. Once people catch on, there will be hell to pay.

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  • [–] 26 points 1 year ago (2 children)

    You can make ad blockers illegal, but you can't actually enforce it unless you have a dystopian totalitarian government with a secret police to track down anyone using one. Does Germany have that?

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  • [–] 24 points 1 year ago*

    Dumbest argument I have ever heard, this is the equivalent of someone gifting me a book and I am not allowed to annotate, redact, highlight, or rip pages of it because of copyright. That makes zero sense, how did it even go to court?

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  • [–] 24 points 1 year ago*

    So basically its "we get to decide how data is processed on your hardware when we send it down the pipe". Somebody should explain server/client roles to these clowns.

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  • [–] 21 points 1 year ago (9 children)

    Time to switch back to text-only browsers.

    I don't live in Germany though, so I don't have to worry about this legislation or do anything about it 😂

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    [–] 18 points 1 year ago (5 children)

    I bet Google probably lobbied to revive this somehow.

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    [–] 17 points 1 year ago

    I guess we shut off the fucking Internet to Germany then. 🖕🏻

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  • [–] 14 points 1 year ago (2 children)

    I don't know why but I feel relaxed about it. It's hardly enforceable and I don't even think Springer will win this. It's just a feeling from experience with those things in Germany.

    They're also referring to browser based ad blocking which leaves blockers like pi hole or ad guard to be legal options.

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  • [–] 11 points 1 year ago* (last edited 1 year ago)

    I just went through the comments ... people are losing their shit. And as always whenever Germany is mentioned, Godwin's Law is in full effect.
    Apparently nobody remembers the very American and very similar youtube-dl takedown which ended in youtube-dl's favor. tl;dr: website owners cannot tell people how to read their websites.

    DON'T PANIC nothing has happened, and it won't for years.

    (edit: slight correction)

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    [–] 13 points 1 year ago* (2 children)

    So what happens if the ad blocker is built into the browser?

    And what happens if a user modifies the Dom by hand using dev tools?

    What about DNS blocks?

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    [–] 12 points 1 year ago (1 child)

    In that case, make sure the judge gets to watch 4x 10 minute ads for every 30 minutes of watching anything in 720p after having paid in full for the highest tier 4K subscription plan.

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    [–] 10 points 1 year ago

    We are all criminals on this blessed day.

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