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We will be adding compile-time flags to Mesa for several features over the next few weeks. It will be up to distros and individual users to decide which features they would like to build into their Mesas. Some features will be enabled by default, some will not.
The difference between there being a patent and there being a patent that you have to pay royalties to use it is about the same as between being threatened with a sword and having one junked into your gut.
Ogg Vorbis is a completely open, patent-free, professional audio encoding and streaming technology with all the benefits of Open Source.
Also, from wikipedia:
"Patent retaliation" clauses are included in several free software licences. The goal of these clauses is to create a penalty so as to discourage the licensee (the user/recipient of the software) from suing the licensor (the provider/author of the software) for patent infringement by terminating the licence upon the initiation of such a lawsuit.
The Free Software Foundation included a narrow patent retaliation clause in drafts 1 and 2 of version 3 of the GPL, however, this clause was removed in draft 3 as its enforceability and effectiveness was decided to be too dubious to be worth the added complexity.
Examples of broader clauses are those of the Apache License and the Mozilla Public License.