= Verdict in the case of AVM vs. Cybits confirmed the view of FSFE =
[Read Online: http://fsfe.org/news/2011/news-20111201-02.html ]
In the dispute between the companies AVM and Cybits the written reasoning for the decision of the Regional Court of Berlin is now available. The court confirmed FSFE's view that users of GNU GPLed software are allowed to modify and install it even if it is shipped as a part of an embedded device's firmware.
The court has particularly denied that Cybits has infringed AVM's copyright by distributing its "Surf-Sitter DSL" software. According to the judge the AVM DSL router's firmware is a collective work. The GNU General Public License (GNU GPL) clearly states that the GPL parts contained in the firmware can be lawfully modified and reproduced. Thus it is acceptable that these parts are downloaded from AVM and edited during the installation of the Surf-Sitter software.
The trademark claims were also rejected. The fact that in the router's interface the trademark "Fritz!Box" is still visible after the installation of Surf-Sitter does not constitute an infringement.
It also unfolds from the reasoning that a modification of the GNU GPLed parts of the firmware does not trigger any competition claims. The Regional Court therefore confirms that it is in general permissible to modify firmware parts under the GNU GPL and to newly install these modified versions.
The granting part of the verdict which parallels last year's judgment of the Superior Court of Justice is mainly based on the idea that the customers impute wrongly displayed information about the internet connection and the status of the parental control to AVM. Cybits must remove this misinformation if they wish to sell their product. In contrast, modifications of the firmware as such are allowed.
The verdict is not yet final. The parties can still appeal the decision.
- Written reasoning (DE): http://fsfe.org/projects/ftf/lg-urteil-20111118.pdf
- Detailed background information of the case http://fsfe.org/projects/ftf/avm-gpl-violation.en.html
- Previous news in this case: - 2011-06-20 - AVM violating license of the Linux kernel http://fsfe.org/news/2011/news-20110620-01.en.html - 2011-06-22 - FSFE on AVM vs Cybits: A small computer is still a computer http://fsfe.org/news/2011/news-20110622-01.en.html - LWN Artikel: "ELCE11: Till Jaeger on AVM vs. Cybits" (EN) https://lwn.net/Articles/465070/ - 2011-11-10 - Court rejects AVM´s claims opposing third party modifications of GPL software http://fsfe.org/news/2011/news-20111110-01.en.html
== Press contact ==
Matthias Kirschner <press at fsfeurope.org>, Free Software Foundation Europe Linienstraße 141, 10115 Berlin Telefon: +49-30-275 95 290 Mobil: +49-1577-178 000 3
== gpl-violations.org ==
The gpl-violations.org project is taking legal and other means to make sure commercial users of Free Software are adhering to the GNU General Public License. gpl-violations.org has enforced the GNU GPL in hundreds of cases, most of them amicably and out of court. However, if necessary, legal means such as warning notices, preliminary injunctions and civil copyright lawsuits are used in order to ensure companies are following-up with their obligations under the GNU GPL. gpl-violations.org was started by Free Software developer Harald Welte, who has received multiple awards in recognition of his legal efforts on enforcing the GNU GPL.
== About Free Software Foundation Europe ==
The Free Software Foundation Europe (FSFE) is a non-profit non-governmental organisation active in many European countries and involved in many global activities. Access to software determines participation in a digital society. To secure equal participation in the information age, as well as freedom of competition, the Free Software Foundation Europe (FSFE) pursues and is dedicated to the furthering of Free Software, defined by the freedoms to use, study, modify and copy. Founded in 2001, creating awareness for these issues, securing Free Software politically and legally, and giving people Freedom by supporting development of Free Software are central issues of the FSFE.