@@ -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