= FSFE on AVM vs Cybits: A small computer is still a computer =
[Online under http://fsfe.org/news/2011/news-20110622-01.en.html ]
Berlin, 22. June 2011 - Yesterday in Berlin a court hearing took place
in a case that could set a crucial precedent for the embedded industry
(reported at [3]). In the lawsuit between AVM and Cybits, AVM maintained
that others should not be allowed to modify Free Software on computers
bought from AVM, such as the widely used Fritz!Box. At the heart of the
debate is the Linux kernel, distributed under the GNU GPL which
guarantees exactly this freedom to users. Free Software Foundation
Europe (FSFE) and gpl-violations.org today published a detailed report
about the hearing.
"Users have the right to decide for themselves which software they want
to run on their computers. If AVM, or any other company, does not want
to adhere to the GNU General Public License, they should not use
GPL-licensed software," says Matthias Kirschner, FSFE's Germany
coordinator.
"AVM wants to keep and extend its monopolistic power over those devices,
even after they have been sold. Not only does this conflict with the GNU
GPL license of the Linux kernel, it is also anti-competitive," says
Harald Welte, Linux kernel contributor and founder of gpl-violations.org
project.
The court made no decision during yesterday's hearing. The participants
may file further written pleadings. The court may then either rule
directly, or begin hearing evidence. FSFE and gpl-violations.org will
continue to monitor the case and defend the freedom of software users.
1. Detailed report about the hearing from June 21st
http://fsfe.org/projects/ftf/avm-gpl-violation.en.html#oh-20110621
2. Harald Welte's blog article concentrating on technical aspects
http://laforge.gnumonks.org/weblog/2011/06/21/#20110621-avm_cybits_court_he…
3. 2011-06-20: Press Release: "AVM violating license of the Linux
kernel" http://fsfe.org/news/2011/news-20110620-01.en.html
== Press contacts ==
Matthias Kirschner <mk at fsfe.org>, Free Software Foundation Europe
Linienstraße 141, 10115 Berlin
Phone: +49-30-275 95 290 Mobile: +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 the 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.
http://fsfe.org/
= AVM violating license of the Linux kernel =
[Read online: http://fsfe.org/news/2011/news-20110620-01.en.html ]
== Linux kernel at centre of battle for control of embedded devices ==
Berlin, 20th June - Tomorrow on June 21st a legal case will be heard
before the District Court of Berlin which may have enormous consequences
for the way that software is developed and distributed. The adversaries
in the case are the manufacturer and distributor of DSL routers AVM
Computersysteme Vertriebs GmbH (AVM), and Cybits AG (Cybits) which
produces children's web-filtering software. Both companies use the Linux
kernel, which is licensed under the GNU General Public License, version
2 (GNU GPL); a Free Software license permitting everyone to use, study,
share, and improve works which use it.
The case was brought to court by AVM with the aim of preventing Cybits
from changing any parts of the firmware used in AVM's routers, including
the Linux kernel. The Free Software Foundation Europe (FSFE) and gpl-
violations.org consider AVM's action as a broad attack against the
principles of Free Software, and thus against the thousands of
individuals and companies developinging, improving and distributing Free
Software.
"I decided to contribute my work to the Linux kernel under the GNU GPL,
and let others benefit from it. I'm happy if companies make a lot of
money with software written by me and thousands of others. But in
return, when they distribute our software I want them to give others the
same rights they received from me", said Harald Welte, founder of gpl-
violations.org and copyright holder of several parts of the Linux
kernel.
This is however exactly what AVM tried to avoid when in 2010 they filed
two actions against Cybits. AVM claimed that when their customers
install Cybits' filtering software on AVM routers it changes the
routers' firmware and consequently infringes on AVM's copyright. In the
opinion of AVM, even changing the Linux kernel components of the
firmware is not allowed. The Court of Appeals of Berlin rejected this
argument in its decision on the request for a preliminary injunction in
September 2010, after Mr. Welte intervened in the case. Now, the
District Court of Berlin will have to decide on the issue again, this
time in the main proceedings.
"This case has far reaching consequences for the future of Free Software
and the GNU GPL. The GNU GPL is a legal license set by the original
authors of the software. These terms are not optional" said Till Jaeger
from JBB Rechtsanwälte who represents Mr. Welte in this case.
If AVM succeeds in forbidding others from exercising the freedoms
explicitly granted by the GNU General Public License terms, it will
directly contravene the legal rights of the original authors of the
programs, who decided that software freedom and cooperation is more
important to them than directly receiving license fees. Moreover, there
are also significant economic and business implications. First, it will
give device manufacturers the chance to veto software from third parties
on their products, resulting in worse products for the user and them
being locked-in to purchasing future products from a particular vendor.
Second, it will give companies like AVM an unfair advantage over their
competitors who are in compliance with the Free Software licenses which
they use. Third, it will threaten the cooperative software development
model, which has been successfully used by many companies worldwide for
three decades.
"AVM is attacking the very foundations of Free Software: They want to
take away freedom from others. We have to act when a company sues others
for executing their right to modify Free Software. AVM's behaviour must
not be tolerated. If they are successful in court it will be disastrous
for the global market for embedded devices, which includes mobile
phones, network hardware, and other Linux based products" says Matthias
Kirschner, FSFE's German Coordinator.
"Ironically, by preventing others from enacting the rights granted by
the GNU GPL, AVM itself is in violation of the license terms. Therefore
they have no right to distribute the software" says Till Jaeger.
FSFE and gpl-violations.org are committed to encouraging the use of Free
Software by companies and developers by making licensing and compliance
as easy as possible. Generally it is considerably easier to comply with
Free Software licenses than with EULAs and other license agreements for
non-Free software. Often it is only necessary to add a copy of the GNU
GPL license text to documentation, and add an offer to provide the
software source code (see FSFE's compliance tips[1]).
1. http://fsfe.org/projects/ftf/useful-tips-for-vendors.en.html
- Link to Background Information[2]
- Court decision 2nd instance (pdf, German)[3]
- Intervention by Harald Welte (pdf, German)[4]
- FSFE's legal page[5]
- FSFE's legal team maintains a collection of documentation on Free
Software Legal and Licensing topics. It also produces guides and
handbooks.[6]
- Frequently Asked Questions about the GNU Licenses[7]
- GNU GPL version 2[8] and nofficial translations[9]
2. http://fsfe.org/projects/ftf/avm-gpl-violation.en.html
3. http://fsfe.org/projects/ftf/kg-avm-vs-cybits.pdf
4. http://fsfe.org/projects/ftf/avm-nebenintervention.pdf
5. http://fsfe.org/projects/ftf/ftf.en.html
6. http://fsfe.org/projects/ftf/documentation.en.html
7. http://www.gnu.org/licenses/gpl-faq.html
8. http://www.gnu.org/licenses/old-licenses/gpl-2.0.html
9. http://www.gnu.org/licenses/old-licenses/gpl-2.0-translations.html
== Press contacts ==
Matthias Kirschner <mk at fsfe.org>, Free Software Foundation Europe
Linienstraße 141, 10115 Berlin
Phone: +49-30-275 95 290 Mobile: +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 neccessary, 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 the 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.
http://fsfe.org/
= FSFE Newsletter - June 2011 =
[Read online: http://fsfe.org/news/nl/nl-201106.en.html ]
== The 899 Million question: Microsoft, European Commission, and Free
Software ==
What would you do with a monopolist, who uses his dominant position in
one area to create monopolies in other areas as well? The European
Commission has decided in 2004 that Microsoft has to provide competitors
with information how to connect a workgroup server with computers
running Microsoft Windows. Since the main competitor to Microsoft’s
workgroup server is the Free Software Samba project, the Commission made
it clear that Microsoft had to release interoperability information in a
way that is compatible with Free Software licenses like the GNU GPL. The
Commission's 2004 decision did not require Microsoft to publish
innovative information, it asked for simple information how Microsoft
computers talk to each other.
But Microsoft played for time, even when the Commission imposed a fine
of two million Euro for every day that Microsoft did not make the
required interoperability information and documentation available in a
way that the Samba team could make use of it. That gave Microsoft three
more years to gain profit from its monopoly position.
After losing an appeal in October 2007[1], Microsoft finally made the
required interoperability information available for a one-time fee of
EUR 10,000. This gives Free Software groups access to Microsoft’s
protocol specifications, but does not give them a license to the patents
that Microsoft holds in this area. Microsoft only offers patent licenses
under conditions that are fundamentally incompatible with the GNU GPL.
So the Samba team has a license to use Microsoft’s protocol
specifications, but not its patented technologies. At least those
patents are identified, and the Samba team can work around them with
considerable effort until we fix the problem of software patents as a
whole.
1. http://fsfe.org/projects/ms-vs-eu/timeline.en.html
Microsoft appealed the fine. On the 24th of May another hearing took
place. Like in the rest of the process, FSFE was again present, together
with the Samba team, giving crucial input to ensure that Free Software
can compete on market. Karsten Gerloff wrote about the hearing in his
blog article"Samba case hearing: How Microsoft’s gamble backfired"[2],
and you can also read Groklaw interview with Karsten Gerloff and Carlo
Piana[3]. A ruling on the Microsoft’s appeal is expected in the second
half of the year.
2.
http://blogs.fsfe.org/gerloff/2011/05/27/samba-case-hearing-how-microsofts-…
3. http://www.groklaw.net/article.php?story=20110530202005299
== Antifeatures + DRM ==
How many times have you been forced to watch those copyright notices at
the beginning of a DVD, without the chance to fast-forward? Or would you
miss it, if no mobile phone would have a SIM lock?
On the 4th of May our American sister organisation organised the "Day
Against DRM". There were several articles, events, and radio shows about
this topic[4]. Your editor was interviewed by Dradio Wissen on the
subject of Antifeatures, which also includes digitial restriction
management (DRM).
4. http://www.defectivebydesign.org/highlights-2011-day-against-drm
An antifeature is a feature, which is implemented by the developer on
purpose, but which user does not want. So, it is not about bugs or
missing functionality, but about functions which the vendor added
intentionally to restrict the user.
Your editor's interview and corresponding article[5] explain some
examples, like how printer vendors prevent others from producing
printers' cartridges, the sim lock in mobile phones, the option to get
rid of additional software commercials on laptops, or the copyright
notices and the region code for DVDs.
5. http://blogs.fsfe.org/mk/?p=797
With Free Software adding antifeatures simply isn't lucrative. Every
user has the freedom to change the software and to share those changes
with others. So when one person removes an antifeature, all other users
will benefit from this work. In Free Software new features are
implemented either if someone pays for them, or if someone is convinced
that this is an important feature and s/he has spent spare time on it.
Therewith Free Software is more honest and more transparent towards
users.
Benjamin Mako Hill wrote more about antifeatures[6] and also gave
several talks about it, e.g. at Linux Conf Australia 2010 (Ogg-
Theora)[7], or FrosCon (Ogg-Theora)[8].
6. http://www.fsf.org/bulletin/2007/fall/antifeatures/
7. http://projects.mako.cc/media/revealing_errors_lca2010.ogv
8.
http://ftp.stw-bonn.de/froscon/2010/hs12/theora/hs12_-_2010-08-22_12:45_-_e…
== Something completely different ==
- As British Telecom plan to roll out new music subscription service to
their 5.5 million broadband customers, our UK Team has asked BT to
make user freedom one of the product's key features.[9]
- The German Foreign Office is turning away from Free Software, and the
German Government is entangling itself in contradictions. The
assessment of our German team is,[10] that the reaction of the
Government to an inquiry by "Bündnis 90/Grüne" shows that the
government either does not understand important aspects of Free
Software or is deliberately offending Free Software in general as well
as Free Software companies in particular. We set up a public comment
plattform[11], and ask you to participate.
- The Free Software in Education update is out for March/April 2011[12].
Besides, there is an education survey in the UK.[13]
- The German team commented the replies to our question to the political
parties in Bremen.[14]
- From the planet aggregation[15]:
- This month's Fellowship interview with Florian Effenberger[16], is
out. He was the previous Marketing Project Lead for OpenOffice.org and
now founding member and part of the Steering Committee at The Document
Foundation.
- There are again new issues of Free Software and law related links for
30.4.-6.5.[17] 7.5.-22.5.[18], and 23.5.-29.5.[19].
- Fellow Jan-Christoph Borchardt wrote about Free(ing) web games.[20]
9. http://fsfe.org/projects/os/bt-open-letter.en.html
10. http://fsfe.org/news/2011/news-20110511-01.en.html
11. http://etherpad.fsfe.org/1TyQlboVdF
12.
http://blogs.fsfe.org/guido/2011/04/free-software-in-education-marchapril-2…
13.
http://blogs.fsfe.org/guido/2011/05/free-software-in-education-survey-in-uk/
14. http://fsfe.org/news/2011/news-20110520-01.en.html
15. http://planet.fsfe.org
16. http://blogs.fsfe.org/fellowship-interviews/?p=308
17. http://matija.suklje.name/?q=node/245
18. http://matija.suklje.name/?q=node/246
19. http://matija.suklje.name/?q=node/247
20. https://jancborchardt.wordpress.com/2011/05/19/freeing-web-games/
== Get active: Translate our Ask your Candidates page ==
In the coming month we will do more in our"Ask Your Candidates"[21]
activity. You can already help us by translating this page into your
native language. Like on all pages click on the source code link[22] at
the buttom of the page. Translate the page and then send it to
translators fsfeurope.org. If you are interested to help us more
regularly with translations, please take a look at our translator
page[23].
21. http://fsfe.org/campaigns/askyourcandidates/askyourcandidates.en.html
22.
http://fsfe.org/source/campaigns/askyourcandidates/askyourcandidates.xhtml
23. http://fsfe.org/contribute/translators/translators.en.html
Regards,
Matthias Kirschner- FSFE
--
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