Ciao a tutti! Oggi c'è una buona notizia!
Patrick -------- Original-Nachricht -------- Betreff: [Discussioni] Court rejects AVM´s claims opposing third party modifications of GPL software Datum: Thu, 10 Nov 2011 12:09:13 +0100 Von: Francesco Potortì <p...@potorti.it> Antwort an: Discussioni sul software libero. <discussi...@softwarelibero.it> An: Discussioni sul software libero <discussi...@softwarelibero.it> ------- Start of forwarded message ------- Date: Thu, 10 Nov 2011 09:25:44 +0100 From: Free Software Foundation Europe <pr...@fsfeurope.org> Subject: [FSFE PR][EN] Court rejects AVM´s claims opposing third party modifications of GPL software = Court rejects AVM´s claims opposing third party modifications of GPL software = On November 8th the Regional Court of Berlin issued its decision in the previously reported case AVM Computersysteme Vertriebs GmbH (AVM) v. Cybits AG (Cybits). In this case, AVM was essentially trying to stop Cybits from modifying GNU GPL licensed Free Software inside of their AVM Fritz!Box products. Yesterday, the court dismissed this principal claim. Thus, it also confirmed that users of embedded devices with pre-installed Free Software have the legal freedom to make, install, run and distribute modifications to this Free Software. The Free Software Foundation Europe (FSFE) and gpl-violations.org, both welcome this decision. Although the written reasoning of the decision is not available yet, it is clear that the court rejected AVM's claims according to which no third party shall be permitted to alter their products' firmware, even if the GNU GPL components are concerned. Thus, Cybits or anyone else may perform such modifications. Furthermore, under the judgement, Cybits is not prohibited from distributing its software that assists users in making and installing modifications to GNU GPL licensed software (Linux kernel used in the Fritz!Box device). "I am extremely pleased that the court turned down any request by AVM to control any modification to the GNU GPL licensed components of the Fritz!Box firmware. Enabling and encouraging everyone to innovate based on existing software and products is a key aspect of the Free Software movement.", says Harald Welte, founder of gpl-violations.org and third party intervener on behalf of Cybits in the dispute. On the other hand, the court upheld an auxiliary claim raised by AVM. In its ruling, it enjoins Cybits from distributing the software only in case it causes the web interface to display a wrong status of the internet connection and web filtering software. "But this is a side issue, the important part is: Free Software gives everybody the right to use, study, share, and improve it. Nobody should be allowed to prevent others from executing those rights", says Matthias Kirschner, FSFE's German coordinator. The decision can be appealed by either party within one month. 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 https://fsfe.org/projects/ftf/useful-tips-for-vendors.en.html ). - - Detailed background information http://fsfe.org/projects/ftf/avm-gpl-violation.en.html - - Previous news on 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 article: "ELCE11: Till Jaeger on AVM vs. Cybits https://lwn.net/Articles/465070/ == 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/ _______________________________________________ Press-release mailing list press-rele...@fsfeurope.org https://mail.fsfeurope.org/mailman/listinfo/press-release ------- End of forwarded message ------- _______________________________________________ http://lists.softwarelibero.it/mailman/listinfo/discussioni Totale iscritti: 368 al 06/11/2010 Questa è una lista di discussione pubblica aperta a tutti. I messaggi di questa lista non rispecchiano necessariamente le posizioni dell'Associazione per il Software Libero.
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