Part II of the AdBlock Plus trilogy - Munich court says no infringement
Copyright and antitrust claims were also dismissed by the Munich court. The mere browsing of a website, while using an adblocker, does not amount to an act relevant to copyright, the judges said. And Eyeo does not - yet - hold a dominant market position. The court defined the relevant market segment according to Eyeo’s definition, covering all internet users. On this broadly defined market, Eyeo’s AdBlockPlus only holds a share of some 3 percent. In contrast, the claimants had based their calculations on that part of the population using an adblocking software. Among these users, Eyeo holds a share of more than 30 percent, the claimants contend.
When they proclaimed the judgment yesterday, the judges only elaborated briefly on the grounds on which their decision rests. Should the fully reasoned judgment eventually be published - which is not a matter of course in Germany - we may gain further insights into the judges' deliberations. We can also expect the exchange of arguments to continue at the appeal stage. Furthermore, another stage is set in Cologne, where the District Court yet has to render judgment in the action brought by Axel Springer.