Location: guide/gpl-lgpl.tex - annotation

Preservation of implied patent license is unique. This footnote, co-drafted by me and Richard Fontana, explains the apparent uniqueness GPLv3's preservation clause for GPLv2's original implied patent license. Fontana pointed out this distinction with commercial patent licensing. I noticed as a further point that even some copyleft licenses, let alone non-copyleft Free Software licenses, fail to include any clauses preserving implicit patent license grants. Such is certainly of concern for those licenses that contain explicit patent licensing provisions. Fontana notes that during GPLv3 process, he was concerned that an explicit patent license in GPLv3 might provide a basis for some to later argue an implied patent license was no longer present. GPLv3ยง11's final paragraph assures its safety.

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