this post was submitted on 12 Dec 2023
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Could you provide more info? On what grounds?
IIRC it was one lower court case in Germany... That's so many asterisk attached as to be meaningless, even if that judgement isn't struck down or amended (unlikely), that still only applies to Germany (or was it one state within Germany?).
The way the EU works is that it mandates each sovereign country to implement the mandate into their national laws, so jurisprudence in Germany doesn't mean anything at all anywhere else.
To discern if an add blocker is in use you are processing information not essential to your service.
You could, eg. Not start the stream until the add is over if it wasn't blocked without violating this. In the end whether or not the user uses an add blocker is not relevant to your ability to stream a video.
Basically the stuff they need to detect whether ads are actually shown needs information of the device state that are generally not available according to Article 5(3) ePR.
The e-privacy directive is not a thing yet.