German dsl-router vendor AVM seeks to remove the GPLs freedoms

Today, there has been a joint press release of and the Free Software Foundation Europe on a legal battle that has been ongoing for quite some time:

The German maker of popular dsl-routers (AVM) is using legal means to try to halt a third party company (Cybits) from modifying the GPL licensed components (like the Linux kernel) of AVM-branded routers. Furthermore, it seeks to ask courts to halt Cybits from distributing software by which end users can modify that GPL licensed software.

This is outrageous! AVM does not own the copyright to that GPL-licensed software. How can they seek to prevent anyone from exercising their right to modify the code and run modified versions of it? This is one of the most fundamental freedoms that Free Software grants its users.

In the last lawsuits (preliminary proceedings) that AVM has brought about, I have intervened on behalf of Cybits. At that time, the court was impressed and has restricted a previously-granted preliminary injunction against Cybits to not include any claims regarding the Free Software portions of the product.

But meanwhile, AVM has filed for the main/regular proceedings. Tomorrow (June 21st, 11am), there will be the first hearing at the district court (Landgericht Berlin, Room 2709, Littenstr. 12-17, Berlin).

I have applied to be a side intervener in those main proceedings, too. Given that the previous court accepted this, I assume it will be accepted in the district court, too.

Normally I wouldn't care much if two companies are taking it to court. But this case is not about Cybits or AVM. This case is about the fundamental question of whether a device maker using Linux and other GPL licensed software has the right to use legal means to prevent third parties from exercising their fundamental rights granted under the GPL.

For more information about the case and background information, please check out this background page at FSFE.