Comment: Re:You know what I'd do? (Score 1) on 2010.08.22 12:23
I discussed this with Simon Phipps once; I said I'd wished Jonathan Schwartz had given more direct promissory estoppel with regard to patents and free software. Simon suggested that anyone who received the JDK (for example) under the GPL was already a part of the JDK community and, therefore, subject to the patent licensing.
I'm insufficiently familiar with the differences between the GPL v2 and v3 with regard to patent licensing, but I believe it's possible to make a strong argument that making a program available under the GPL v2 offers promissory estoppel, at least from the copyright holder.
I'm not aware of any case law to this effect, however.
The irony of the vulnerability of Dalvik versus a fork of the JVM is indeed interesting.