diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 45edf2d0e00ad87b1ad1934be4ba6e96a46a4d39..3ba9609b72472c0ee77f9e0e5f5b251136f4b113 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -1882,16 +1882,19 @@ with respect to the licensed software. For example, if Company \compA{} has a patent on advanced Web browsing, but also licenses a Web browsing software program under the GPLv2, then it -cannot assert the patent against any party that takes a license to its -program under the GPLv2. However, if a party uses that program without -complying with the GPLv2, then Company \compA{} can assert, not just copyright -infringement claims against the non-GPLv2-compliant party, but also +cannot assert the patent against any party based on that party's use of +Company \compA{}'s GPL'ed Web browsing software program, or on that party's +creation and use of derivative works of that GPL'ed program. However, if a +party uses that program without +complying with the GPLv2, then Company \compA{} can assert both copyright +infringement claims against the non-GPLv2-compliant party and infringement of the patent, because the implied patent license only extends to use of the software in accordance with the GPLv2. Further, if -Company \compB{} distributes a competitive advanced Web browsing program, -Company \compA{} is free to assert its patent against any user or +Company \compB{} distributes a competitive advanced Web browsing program +that is not a derivative work of Company \compA{}'s GPL'ed Web browsing software +program, Company \compA{} is free to assert its patent against any user or distributor of that product. It is irrelevant whether Company \compB's -program is distributed under the GPLv2, as Company \compB{} can not grant +program is also distributed under the GPLv2, as Company \compB{} can not grant implied licenses to Company \compA's patent. This result also reassures companies that they need not fear losing their