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I suppose worse is a matter of perspective, but I think the OP is right that at some scale, someone could be dragged into this good faith deal, like it or not.

Independently invent something. Turns out it's already patented, within this good faith consortium. Now the only way to use it is by participating. Normally, this kind of thing results in getting sued for royalties.

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I don't think they would be dragged into it. Just don't use any of the patents in the portfolio that has this clause. You had no right to use them before the clause.

Or negotiate a royalty.

> Normally, this kind of thing results in getting sued for royalties.

You have answered it. Free patent, GPL or not, you'd have this problem. And it's even worse on "normal" cases.

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