You edited your post after I finished mine and added the "knowingly" and the stuff about the FDK license.
But anyway even with your constrained example this is not yet enough to claim inducement to commit infringement. You still need _intent_. None of the jurisprudence you quoted refers to a case where licensee != patent holder, much less one where licensee would not stand to benefit from your infringement, so I'm not even sure how are you going to build a case.
You would be opening yet another Pandora's Box since so far no one in the free software community would consider free/gratis redistribution of software-that-we-know-could-potentially-be-infringing (i.e. everything) as "induction to commit infringement". (Note that _selling_ such software has always been another story, with contributory infringement at least being on the table, and the reason RedHat, etc. have traditionally been so afraid of patents).
My goodness, and circumstantial evidence can establish intent. Knowledge plus actions in promoting an infringing product (like publishing MIT licensed source code without a notice) could be enough to establish intent. See, for example, DSU Medical Corp. v. JMS Co., 471 F.3d 1293 (Fed. Cir. 2006).
> You would be opening yet another Pandora's Box
I'm not saying everything is potentially infringing. I'm saying with knowledge and actions which induce, yes, it possibly is. Most FOSS would lack actual knowledge.
This is all hypothetical anyway. Franhoufer does in fact license their software without a patent grant which puts us all on notice that we need to obtain a patent license.
You keep quoting a case where licensor was one of the patent holders, but this is hardly relevant. It would be much harder (euphemism for "impossible") to prove that there was intent when there is no possible revenue stream for the licensor. Knowledge is much easier to prove (most projects openly discuss the risk).
But anyway even with your constrained example this is not yet enough to claim inducement to commit infringement. You still need _intent_. None of the jurisprudence you quoted refers to a case where licensee != patent holder, much less one where licensee would not stand to benefit from your infringement, so I'm not even sure how are you going to build a case.
You would be opening yet another Pandora's Box since so far no one in the free software community would consider free/gratis redistribution of software-that-we-know-could-potentially-be-infringing (i.e. everything) as "induction to commit infringement". (Note that _selling_ such software has always been another story, with contributory infringement at least being on the table, and the reason RedHat, etc. have traditionally been so afraid of patents).