New York Times vs. Brave could make browser paywall blockers illegal: DMCA needs reform

Overview

Louis Rossmann examines The New York Times’ lawsuit against Brave. The Times alleges that Brave’s built-in paywall blocker circumvents copyright-protection measures in violation of the DMCA. It also alleges copyright infringement involving Brave’s search index and its provision of scraped material to AI companies through a paid API.

Rossmann’s Analysis

Rossmann argues that Brave’s paywall feature is better understood as browser-side filtering than as breaking into a protected service. He says the rules identified in the complaint block certain website requests or hide a page element; they do not bypass a login or defeat a server-side lock. In his view, users should be able to choose what code their own browsers load.

He compares the feature to ordinary browser tools, including ad and pop-up blockers, Safari’s Reader mode, and Chrome’s developer tools for hiding page elements. He warns that treating paywall filters as illegal could put similar tools—and users’ ability to control their devices—at risk.

Rossmann cites earlier cases involving printer cartridges, garage-door remotes, and commercial skipping to argue that courts have sometimes required a meaningful connection between bypassing a measure and infringing copyright. He also questions whether a site that makes some articles freely available, or allows limited access before asking users to subscribe, is protected by a “lock” in the relevant legal sense.

He points to what he sees as inconsistencies in the complaint’s description of Brave’s setting as both “default” and something users must activate. He also says the complaint appears to quote language about circumventing copy-protection measures while bringing claims concerning access controls.

Search and AI Allegations

Rossmann separates the paywall issue from the lawsuit’s broader allegations about Brave’s search and AI-related business. He says publishers may have legitimate objections if their work is copied and sold to AI companies without compensation, but argues that those concerns do not justify attacking browser filtering.

He says he supports paying for news while opposing efforts to restrict users’ control over what runs on their computers.

Contributors

• Presenter: Louis Rossmann
• Other contributors: None identified.