One of the requirements relates to the GPL and I'm not sure this precludes the new owners of those patents from collecting royalties on GPL'd software. In a different context (procurement policy) the European Commission also made it clear that royalty-bearing deals can be structured in open source-compatible ways:
http://fosspatents.blogspot.com/2011/04/us-department-of-justice-announces.html
The best of ZDNet, delivered
ZDNet Newsletters
Get the best of ZDNet delivered straight to your inbox
