You're the one who introduced obligation as a premise. Copyright law is not fictional.
Websites are copyrighted works of art, and you are not obligated to use them copyright free. If the copyright holder intends for their content to be consumed with ads, that means you are obligated to consume it with ads.
>If the copyright holder intends for their content to be consumed with ads, that means you are obligated to consume it with ads.
Citation needed, because I think the caselaw disagrees with you. See the ruling in Lewis Galoob Toys, Inc. v. Nintendo of America, Inc. or ClearPlay's exemption in the summary judgement in Huntsman v. Soderbergh.
In short, so long as you're not making a permanent derivative work out of the material, but instead changing the way by which you view it, then it's not copyright infringement.
Those cases you cited don't apply for specific reasons:
- For Lewis Galoob Toys, Inc. v. Nintendo of America, Inc., it was premised with consumers having already paid for their game, giving Nintendo a fair return for the copyrighted content. This was clearly stipulated by the judge in her ruling. With websites, you haven't paid a fair return for the content you're consuming so the case isn't relevant.
- Clearplay was only exempt in Huntsman v. Soderbergh because they were purchasing a 1:1 copy of every DVD that they were modifying. This isn't relevant because, for example, Adblockers are not paying publishers for every piece of content that they filter on.
Was not copyright law intended to protect publishers from unauthorised redistribution of their work? How blocking an advertisement can be a redistribution? That is just restricting the rights of a consumer that has paid for content (either with money or with time).
Using AdBlock is more like turning off a TV on commercials break. But I won't be surprised if copyright and ad companies would push some kind of law against it after they have adopted DMCA. Unlike consumers they have money and lobbyists.
> With websites, you haven't paid a fair return for the content you're consuming so the case isn't relevant.
One pays with his attention: he could spend time browsing any other of millions of websites. If the publisher doesn't like users with adblock he might not serve pages to them. Or require a payment. Or he might not use the Web at all.
First of all, I disagree with your assessment of these cases, especially Clearplay in Huntsman. The reason why they were excluded was not because they were purchasing copies of DVDs 1:1, Clear View required this as well. The difference between Clear View and Clearplay was that Clear View created new DVD-Rs as an output product and thus was creating derivative works without permission, as did nearly all other named defendants. Clearplay did not produce any derivative works by it's operation, which was entirely in memory in the player as an edit list. This is why it was specifically dismissed as a defendant.
The Clearplay technology was almost identical in function, implementation, and spirit to an ad-blocker. The same could be said in less specificity to the Game Genie in Lewis Galoob.
Now I understand the underlying frustration expressed in what you are saying, but you are assuming that there is some sort of contract (explicit via TOS or implicit) between the content consumer and the content provider that stipulates that you are receiving the content for free in exchange for also viewing it with advertisements inline.
I have not seen such TOS before and I don't think they are enforceable. At least it hasn't been tested in court in the states.
This is complicated by the fact that most websites do not host ads but merely provide a mechanism by which 3rd party networks' content alongside, and the only concrete business relationship exists between the website and the ad network, where the profitability of it is reflected in the ad network's perception of performance.
It is the responsibility of the ad networks and the content providers to use psychology, technology, tricks, etc. to increase the performance of the placed ads; the consumer has no obligation here. The ability for a consumer to ignore or block an ad must be factored into the numbers or the strategy.
One method that can bypass all of this is to use ad-block detectors that annoy or block viewers not seeing ads, or to self-host adnetwork content and adjust TOS accordingly. This is not popular, more complicated, and reduces overall impressions, but I think it's the right way to go if you want to lean on an interpretation of copyright law.
I still don't think people are violating copyright law if they choose to use technological mechanisms to try to suppress what they don't want to see, but it's a lot harder to implement in that case since you can quite easily change it in ways to increase impression rates.
how is blocking a part of a copyrighted work (ad blocking) *copying" it ? It's still their IP, I'm just only interested in a particular fraction of it.
That is completely incorrect; copyright has nothing to do with payment.
Copyright is about distribution and nothing else. It allows a copyright holder to decide if, when, and how his/her work is distributed (which might be payment-free!). It does not govern what you do with the work once you've obtained it, as long as you do not try to redistribute.
Copyright governs distribution. Once you have something in your possession, you may do whatever you want with it as long as you don't distribute the result.
The DMCA and similar laws attempt to get around that allowance by making it a crime to distribute tools for circumventing copyright protections. It's telling that no one has succeeded in a DMCA complaint against ad blocking software.
You're the one who introduced obligation as a premise. Copyright law is not fictional.
Websites are copyrighted works of art, and you are not obligated to use them copyright free. If the copyright holder intends for their content to be consumed with ads, that means you are obligated to consume it with ads.