I guess that is a bit of a misunderstanding of the separation of powers. This court is the highest civil/criminal court which only decides precisely on the text of the law. It has IMHO less interpretation freedom than Germanys supreme Court. Also as far I understand it only sends back the decision to the next lower court because it did not weight the argument that HTML might be code. Copyright on software in Germany is btw strangely different from artistic copyright in many parts. I can imagine that police or the the BSI would share the FBI's opinion. However, I doubt that even if this goes through, politicians will see a need to chance the law or make it more precise in this case. Actually much worse is Germany's hacker law, which endangers pretty much every security research. Although many people acknowledge the problem and there were ridiculous legal cases, there has been so little movement to abandon it.