diff --git a/gpl-lgpl.tex b/gpl-lgpl.tex index de9a319..c0ed489 100644 --- a/gpl-lgpl.tex +++ b/gpl-lgpl.tex @@ -2928,6 +2928,28 @@ of rights under the license. \section{GPLv3~\S11: Explicit Patent Licensing} \label{GPLv3s11} +% FIXME: just brought in words here, needs rewriting. + +is rooted in the basic principles of the GPL. +Our license has always stated that distributors may not impose further +restrictions on users' exercise of GPL rights. To make the suggested +distinction between contribution and distribution is to allow a +distributor to demand patent royalties from a direct or indirect +recipient, based on claims embodied in the distributed code. This +undeniably burdens users with an additional legal restriction on their +rights, in violation of the license. + +%FIXME: possible useful text, but maybe not. + +In the covenant provided in the revised section 11, the set of claims +that a party undertakes not to assert against downstream users are that +party's ``essential patent claims'' in the work conveyed by the party. +``Essential patent claims,'' a new term defined in section 0, are simply +all claims ``that would be infringed by making, using, or selling the +work.'' We have abandoned the phrase ``reasonably contemplated use.'' +This change makes the obligations of distributing patent holders more +predictable. + % FIXME: probably needs a lot of work, these provisions changed over time. GPLv3 adds a new section on licensing of patents. GPLv2 relies on an implied