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FLOSS cannot simply license patent, and can only implement patented technology if royalty free (RF)
Technology may be required for interoperability, and thus fair use exceptions should apply
RAND (reasonable and non-discriminatory) licensing discriminates against FLOSS
Patent quality in software is very low (possibly 60% granted by USPTO invalid). Better for "legitimate" patents to be offered inadequate protection than to offer monopoly for invalid patent
I am currently working on a software patent paper which should be available by the time this presentation is given.