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It seems as though licenses these days, to be truly free, should contain a clause giving up all rights to patent claims against said code.


The GPL version 3 includes a similar clause. You don't have to give up your patents. You just have to license them to anyone who has rights to use the code from a copyright perspective. If I understand it correctly, this gives the GPL sharper teeth, since someone who violates the GPL not only loses the distribution/derivative rights from the copyright license, but also the patent license.


Hmm... so you could use patents as a club to enforce dual licensing with GPLv3 then. Violate the GPL and you lose your patent license, so now you're a patent infringer too. At the same time, you're FOSS-friendly since your patents are meaningless to FOSS projects.


The GPL is one of the most brilliant hacks ever.


That wouldn't help in this particular case because Google did not use said code to develop Android.


The only way to fully comply with GPLv2 - giving the right to redistribute to your downstream users - is to refrain to use patents to curb the right of your downstream users.

If Google makes a GPLv2-derived product P of a GPLv2-licensed thing T, the owner of the T cannot enforce patent rights on P because the license states they gave Google the right to redistribute T-derived stuff under the same conditions.




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