77 lines
3.1 KiB
HTML
77 lines
3.1 KiB
HTML
<?xml version="1.0" encoding="UTF-8" ?>
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<!-- vim: set tw=80 formatoptions=tcqron ai: -->
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<html newsdate="2011-12-01">
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<version>1</version>
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<head>
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<title>Verdict in the case of AVM vs. Cybits confirmed the view of FSFE</title>
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</head>
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<body>
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<h1>Verdict in the case of AVM vs. Cybits confirmed the view of FSFE</h1>
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<p newsteaser="yes"> In the dispute between the companies AVM and Cybits the <a
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href="/activities/ftf/lg-urteil-20111118.pdf">written reasoning for the decision
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of the Regional Court of Berlin (PDF, German)</a> is now available. The court
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confirmed FSFE's view that users of GNU GPLed software are allowed to modify
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and install it even if it is shipped as a part of an embedded device's
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firmware. </p>
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<p>The court has particularly denied that Cybits has infringed AVM's copyright
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by distributing its <q>Surf-Sitter DSL</q> software. According to the judge the
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AVM DSL router's firmware is a collective work. The GNU General Public License
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(GNU GPL) clearly states that the GPL parts contained in the firmware can be
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lawfully modified and reproduced. Thus it is acceptable that these parts are
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downloaded from AVM and edited during the installation of the Surf-Sitter
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software. </p>
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<p>The trademark claims were also rejected. The fact that in the router's
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interface the trademark <q>Fritz!Box</q> is still visible after the
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installation of Surf-Sitter does not constitute an infringement. </p>
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<p>It also unfolds from the reasoning that a modification of the GNU GPLed
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parts of the firmware does not trigger any competition claims. The Regional
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Court therefore confirms that it is in general permissible to modify firmware
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parts under the GNU GPL and to newly install these modified versions. </p>
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<p>The granting part of the verdict which parallels last year's judgment of the
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Superior Court of Justice is mainly based on the idea that the customers impute
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wrongly displayed information about the internet connection and the status of
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the parental control to AVM. Cybits must remove this misinformation if they
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wish to sell their product. In contrast, modifications of the firmware as such
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are allowed. </p>
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<p>The verdict is not yet final. The parties can still appeal the decision.
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</p>
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<ul>
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<li><a href="/activities/ftf/avm-gpl-violation.html">Detailed background
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information</a></li>
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<li>Previous news on this case:</li>
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<ul>
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<li>2011-06-20 - <a href="/news/2011/news-20110620-01.html">AVM violating
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license of the Linux kernel</a></li>
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<li>2011-06-22 - <a href="/news/2011/news-20110622-01.html">FSFE on AVM vs
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Cybits: A small computer is still a computer</a></li>
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</ul>
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<li><a href="https://lwn.net/Articles/465070/">LWN article: "ELCE11: Till Jaeger on AVM vs. Cybits"</a></li>
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<li>2011-11-10 - <a href="/news/2011/news-20111110-01.html">Court rejects
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AVM's claims opposing third party modifications of GPL software</a></li>
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</ul>
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</body>
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<tags>
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<tag>front-page</tag>
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<tag>gpl</tag>
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<tag>de</tag>
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<tag>AVM</tag><tag>Compliance</tag><tag>Ruling</tag><tag>de</tag>
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</tags>
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<translator>Martin Gollowitzer and Philipp Kammerer</translator>
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</html>
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