Earlier quoted context omitted.
False: an implicit patent grant means that by open sourcing a piece of software you imply that people can, you know, use it.
And the weakness, legally speaking, of implicit patent grants was one major reason why GPL moved from v2 to v3. Explicit is much much safer for users of software, legally speaking, because implicit grants have to be settled in court . If you really want to go to court over it, and can afford it, then you may be right. Want to test that against Facebook? They reasoned (quite rightly) that it would be silly to suggest…
Has any court ever ruled that a permissive license like BSD does not include a patent grant when it says "use in source and binary forms, with or without modification, are permitted"? Because that seems flat-out silly.