Can the GPLv3 Make Microsoft Grant Patent Licences to the Free Software Community?

The FSF has finally released GPLv3,1 and Eben Moglen proclaims “the time is rapidly approaching when the GPL is capable of leveling the monopolist to the ground.”2 There is no secret that the target in Moglen’s sights is Microsoft, which had the temerity to reach patent peace agreements with Novell, LG Electronics,3 Xandros,4 and Linspire5 to give these companies’ customers some assurance that they would not be liable for patent infringement for using Linux. The key weapon in the GPL arsenal is a provision that Moglen says will result in Microsoft’s patents being licensed to the free software community against Microsoft’s will. Can they do that?

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