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That's a misunderstanding of the license and patent grant. The patent grant is not about copyright law, and is granting additional rights beyond what a copyright license can provide.
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Replying to
That doesn't make much sense. The patent license is not the copyright license. It's a separate license for different things. Open source is not about whether there is a patent grant from the company writing the code. They're using a normal BSD license for the code. Look at it.
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