>I believe a case needs to be made that content B is not part of the original work provided.

>Not easy though...

IANAL, and definitely not eine Rechtsanwalt.

That said, assuming that digital ads work the same way in Germany as they do elsewhere, such ads are tacked on to the site after an auction that takes place moments before that ad is displayed.

Given that the "copyright holder" of the site doesn't even know what ad will be displayed and, in point of fact, will likely never know which ads will be displayed to which individuals viewing their website, how is their "expression" being thwarted?

Given that simple truth, the only "expressive" claim that the copyright holder could make would be that "there should be an ad of some sort here."

If that's actually the case, just having a box where the ad would be that says "this is a space for advertisements" should be enough to satisfy "violations" of the copyright owner's "expression."

> Given that simple truth, the only "expressive" claim that the copyright holder could make would be that "there should be an ad of some sort here."

Or he steers away from that and states "my program places an Ad here, removing this operation modifies my work", making not the Ad itself part of the work but the process (and outcome?) of an Ad being placed there...

I do hope there's a better legal conclusion the court can take here. If I am legally required to execute arbitrary code on my machine as part of some openly accessible content, I expect a clear contract to be agreed upon...