Changeset - f22e9b7209f5
[Not reviewed]
0 1 0
Bradley Kuhn (bkuhn) - 9 years ago 2015-02-03 21:50:53
bkuhn@ebb.org
Make this item FIXME-URGENT.

I've set this to FIXME-URGENT as I will merge this into a public branch
after this commit, and I want it clear that we cannot merge into next or
master until this is resolved.
1 file changed with 1 insertions and 1 deletions:
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gpl-lgpl.tex
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@@ -3832,25 +3832,25 @@ the contributor patent licenses discussed in the preceding section.
 

	
 
The term ``patent license,'' as used in GPLv3~\S11\P4--6, is not meant to be
 
confined to agreements formally identified or classified as patent licenses.
 
GPLv3~\S11\P3  makes this clear by defining ``patent
 
license,'' for purposes of the subsequent three paragraphs, as ``any express
 
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)''.
 

	
 
``Express'', as used GPLv3~\S11\P3, is a term often used in legal writing as
 
an antonym to ``implied''.  Thus, GPLv3's definition of ``patent license''
 
does not include those patent licenses which arise by
 
implication or operation of law\footnote{FIXME: explain this}.
 
implication or operation of law\footnote{FIXME-URGENT: explain this}.
 
Instead, GPLv3~\S11\P3--5 are specifically concerned with explicit promises
 
that are purportedly legally enforceable.
 

	
 
Nevertheless, unlike traditional commercial patent licensing
 
agreements\footnote{Typically, well-drafted commercial patent license
 
  agreements explicitly exclude any possibility of
 
  implied licenses.  Thus, GPLv3's final paragraph may be unique among both commercial
 
  agreements and/or other Free Software licenses (both copyleft and
 
  non-copyleft).  Careful study of the patent licensing implications of GPL
 
  should not ignore this observation.  In particular, contrast carefully the
 
  goals of commercial patent licensing agreements and the policy goals of a
 
  copyleft license.  Namely, patent license granters typically draft patent license
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