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If the code had instead been licensed as BSD then things would not be different in the slightest for someone who ended up with the code from the original authors. If some legal thing prevents some use permitted by the GPL than that use would of been prevented for the BSD licensed code as well.

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I believe with a BSD licence you could pay royalties for the license and keep distributing under the BSD license. The GPL clause doesn't allow you to do this.

I'm sure you can do that for GPL software aswell, and i don't see witch part of that clause forbids it.

The argument seems to be as following:

You can permit redistribution to recipients of a program even if a patent license forbids you to grant that permission. This is the case of BSD.

GPL says that all recipients of a program must be permitted to redistribute. jwr claim that this makes it incompatible with patent licenses.

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