> > Unfortunately all that patch and the Linux kernel itself is GPLv2 in fact, not GPLv3. So it is because it is not protected against patent attacks.
> GPLv2 patent licensing is 'implicant', not 'explicit' like it is under the GPLv3.
I presume you mean "implicit".
There is no implied patent license in GPLv2. Claiming the GPLv2 has a patent license is wishful thinking. I think you are misreading section 7 of the GPLv2.