"(As far as I know, it is still unresolved whether the MIT or BSD licenses include an implied grant of patent rights, but at the very least there would be serious legal uncertainty.)"
It's not really unresolved. There are dreamers who believe it's not the case. For everyone else, it's clearly the case until proven otherwise. There is a ton of case law on implied licenses. To believe it would simply not apply to software when it applies to every other area in which there are patents, for some magical unknown reason is ... strange and weird legal thinking?
It's not really unresolved. There are dreamers who believe it's not the case. For everyone else, it's clearly the case until proven otherwise. There is a ton of case law on implied licenses. To believe it would simply not apply to software when it applies to every other area in which there are patents, for some magical unknown reason is ... strange and weird legal thinking?