In a very important decision, a regional court in Berlin has denied AVM’s request to prevent users from modifying their device firmware under the GPL.

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 and gpl-violations.org, both welcome this decision.

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.

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In a very important decision, a regional court in Berlin has denied AVM's request to prevent users from modifying their device firmware under the GPL. 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 ...