From 59dda6ad9091f9b6f88e85deba7d396fb2017f74 2015-02-02 14:52:39 From: Richard Fontana Date: 2015-02-02 14:52:39 Subject: [PATCH] Uncommented material on implied patent licenses and GPLv3 sec. 11 definition of "patent license", with added sentence noting final paragraph of sec. 11. --- diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index 075d8c8bcc9995ca69250beb01a3f690aebe5de3..194654114600b698fd27c7552104413e21bc1cc7 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -3832,12 +3832,12 @@ agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement)'' -% FIXME-LATER: I want to ask Fontana about this before adding it. - -% The definition does not include patent licenses that arise by -% implication or operation of law, because the third through fifth paragraphs -% of section 11 are specifically concerned with explicit promises that purport -% to be legally enforceable. +The definition does not include patent licenses that arise by +implication or operation of law, because the third through fifth paragraphs +of section 11 are specifically concerned with explicit promises that purport +to be legally enforceable. The final paragraph of section 11 explicitly +preserves the availability of patent licenses arising by implication or +operation of law. GPLv3~\S11\P5 is commonly called GPLv3's downstream shielding provision. It responds particularly to the problem of exclusive deals between patent