= 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_hea...

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/