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FSFE on AVM v. Cybits

FSFE on AVM v. Cybits

Posted Jun 21, 2011 5:40 UTC (Tue) by devkev (subscriber, #74096)
In reply to: FSFE on AVM v. Cybits by dskoll
Parent article: FSFE on AVM v. Cybits

Well, not quite, but close enough. If they "win", then they'll be in breach of their license to use Linux and any other GPL software. So they can distribute their routers, but not with those components. This is mentioned in the FSFE press release:

'"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 [from JBB Rechtsanwälte who represents Mr. Welte in this case].'

I'm sure Harald Welte is well aware that if this suit is upheld, he can use it as the basis for a counter-suit against AVM for violating his copyright on his portions of the kernel.


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Sticky

Posted Jun 21, 2011 6:17 UTC (Tue) by ncm (subscriber, #165) [Link]

Not only that... once they violate the terms, they have lost the right to distribute the work, forever. It doesn't matter if they start complying; if they ever want to ship again they have to get a new license from the copyright holders, e.g. Harald. Technically, anybody who has code in the core kernel, or in the drivers they use, can make them stop shipping, any time, for any reason, or for no reason. Lacking approval, the violators may be able to sell their assets to somebody else (or back to themselves, under a different corporate shell) and start over.

Given the curmudgeonliness of some kernel coders, it's remarkable that this doesn't happen frequently. I attribute that to curmudgeonly coders' distaste for the courts exceeding their annoyance at software freeloaders.

Sticky

Posted Jun 21, 2011 12:21 UTC (Tue) by sce (subscriber, #65433) [Link]

Given the curmudgeonliness of some kernel coders, it's remarkable that this doesn't happen frequently.

Sounds to me if someone actually did this it would create more FUD than its worth.


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