@@ -3846,7 +3846,19 @@ Instead, GPLv3~\S11\P3--5 are specifically concerned with explicit promises
that are purportedly legally enforceable.
Nevertheless, unlike traditional commercial patent licensing
agreements\footnote{FIXME: note such a clause is rare, if not unique.},
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
to explicitly license only a narrow set of patents. However, FSF sought to assure
patent licenses for all Free Software users, redistributors, and developers.
While GPLv3\S11 undoubtedly contains some compromises regarding explicit
patent licensing, FSF did not compromise on bringing forward GPLv2's
existing implicit patent license.},
rather than confining the patent license grant to some narrow set of such
express situations, GPLv3 preserves the
\hyperref[gpl-implied-patent-grant]{existing implied patent licensing structure}