There is no system of precedence for rulings of lower courts in Germany, technically not even for higher courts (albeit there de facto is). That’s something you could find in the U.S. though.
The lower court fucked up and it got overruled. The only thing Sony could have done would have been to bring similar cases to the same lower level court again and again and hope they make the same wrong decision over and over. That’s about the closest thing to precedence they could have relied on. It probably would have worked for Sony though.
I actually didn’t think about it much, because I block all ads. But consumerism can be fun, I wouldn’t mind ads if I had a say in which I see.
Weird how neolibs are proponents of the free market all the time, but at the same time insist on shoving crap we don’t want down our throats. I like your suggestion.