Earlier quoted context omitted.
1. Actually, pretty much any serious patent licensing lawyer believes there is a grant (either explicit or implicit), because there is tons and tons and tons of caselaw on implicit patent grants (and the related principles of exhaustion), and while they don't include the word "software", the circumstances are otherwise identical. The others are mostly unable to admit it due to their client lists. The number of lawyer…
Since it wasnt clear from my post above, I buy all of this. But since IANAL, and I couldn't easily find a credible patent lawyer who has written publicly about this, I think it's reasonable to be measured in the claims I made. That said, you're obviously personally more familiar with the situation and having seen you around here before I'd give some weight to what you're saying. It's still a shame that it's difficult…
https://www.pli.edu/Content/Faculty/Daniel_Berlin/_/N-4oZ1z1...
If there's anyone I'd expect to have a handle on open source law, it's him.