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But you can still sue Facebook. Nowhere does the PATENTS file require grantees to waive their right to sue. But if you do sue, Facebook gains the right to count

But you can still sue Facebook. Nowhere does the PATENTS file require grantees to waive their right to sue. But if you do sue, Facebook gains the right to counter-sue you with any react related patents. I.e. the exact situation you would be in if you sued Facebook and there was no PATENTS file.

falcolas 9y ago
Not quite - if there was no patents file, the BSD license would have a implied grant associated with it which would not be revoked by the lawsuit. The "implied" license doesn't have a strong legal finding backing it up yet. Even so, most lawyers are comfortable with the idea that if a company tells other people to freely use their software, they can't then come back around and sue those same people.