The presence of a license termination clause merely allows the license to fall back to a state that we'd consider free in the first place
That's only true if the licence only terminates the patent licence for patent infringment, rather than attempts to use copyright to enforce patents, surely? Some have posted things about whether that is some sort of misuse anyway, but I've not fully understood it yet.
-- MJR/slef My Opinion Only and not of any group I know http://www.ttllp.co.uk/ for creative copyleft computing Please email about: BT alternative for line rental+DSL; Education on SMEs+EU FP6; office filing that works fast