Update from 2.4.20: The online retailer Woog wants to defend himself against the injunction against the sale of used Fritz boxes. In a statement to GameStar, the company vehemently contradicts AVM's claim that the modified hardware poses a security risk.
Woog's managing director Carlo Faber described the reference to the security risk as a "purely tactical assertion" and further explains:
"(We) loaded the current original firmware from AVM for the Fritzbox 6490 (FritzOS 7.12) onto the cable routers, without changing them in any way. This current AVM firmware, which of course allows security updates (unlike AVM claims) , Editor's note, see below), we install it precisely so that the customer receives a functional and, above all, safe device.
(The) Unitymedia firmware, which was installed on the routers we bought, was already out of date at the end of 2019 when we received the routers. (…)
In our opinion, this (…) creates a considerable security risk for the use of used devices (…) because firmware updates by Unitymedia or AVM are denied to the purchaser and user of such a device. "
In summary, this means: The Fritz boxes used by Woog in their original state represent a security risk according to Faber. However, as AVM claims to the press, this is not the case with the current AVM firmware that Woog installs on the used devices.
Current original FritzOS a "security risk"?
So if Woog left the routers in their original state, did not install a firmware update and did not "change" the routers accordingly, buyers could use the hardware not safe to use.
For this reason, Woog cannot "be responsible for the sale of routers with such outdated firmware (…)". Therefore, the dealer "installed the current original FritzOS without any changes."
AVM's claim that "the firmware replacement is a product change" that worsens the condition of the goods within the meaning of Art. 15 EUTMR remains at least controversial.
By the way, Woog has appealed the injunction. The district court of Munich I will therefore deal with the legal subtleties of AVM's lawsuit against Woog on April 9, 2020 during an oral hearing.
As soon as a decision is made in the case, we will inform you accordingly.
Orignial announcement from 31.3.20: The router manufacturer AVM defends itself in court against the resale of used and previously refurbished Fritz boxes by the online retailer Woog. The reason: Because Woog exchanges the firmware of the devices, according to the AVM, there is an impermissible "product change" that also poses a security risk.
Therefore, in February 2020, AVM obtained an injunction against the sale of a total of 20,000 Fritz boxes by the German company before the district court of Munich I, as the c't reports. Woog had previously sold refurbished Fritz boxes for less than half the new price.
Resell used Fritz boxes? Only with original firmware!
How does AVM argue? AVM lawyers refer, among other things, to trademark law, according to which rightholders may prohibit the use of a trademark if "the condition of the goods has changed or deteriorated after being placed on the market" (Art. 15 EUTMR).
AVM is specifically about changing the state of the Fritz boxes by installing another firmware, in this case replacing the original firmware with firmware for freely tradable routers. The manufacturer also explains that there is a security risk because users of the used Fritz boxes may not be able to install relevant updates in the future.
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How does Woog defend himself? Woog, on the other hand, rejects AVM's argument that the general overhaul of the Fritz boxes affects the condition of the goods. On the subject of security, the online retailer says that the installed free firmware, contrary to AVM's accusation, ensures that the routers work safely and properly.
Why doesn't Woog sell the Fritzboxes with original firmware? Woog points out two reasons that exclude the resale of Fritz boxes with original firmware:
- The original firmware of the Fritz boxes is in some cases already five years old and poses its own security risk.
- Some providers prohibit the use of former rental devices or require a certain level of firmware. Used Fritz boxes with original firmware therefore do not work on every connection.
What consequences could a verdict in favor of AVM have? If AVM can obtain a final judgment against the resale of the Fritz boxes with new firmware by Woog in the long term, Woog would remain on a stock of 20,000 devices. AVM leaves open an answer to the question of what the dealer should do with the hardware. If in doubt, Woog will have to destroy the devices.