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There was a time when React was Apache v2! https://github.com/facebook/react/blob/3bbed150ab58a07b0c4faf64126b4c9349eecfea/LICENSE https://github.com/facebook/

There was a time when React was Apache v2! https://github.com/facebook/react/blob/3bbed150ab58a07b0c4faf64126b4c9349eecfea/LICENSE https://github.com/facebook/react/blob/3bbed150ab58a07b0c4fa... shows that license. Has anyone seriously explored forking React from the last Apache v2 version?

mattnewton 9y ago
AFAICT that version still had patents.txt no?
- chrisco255 9y ago
  I checked on the repo and I didn't see it.
chrisco255 9y ago
If they published React under Apache v2 at one point in time, how can they later re-release under a new license and claim patent rights on it then? Since, assuming whatever patents they own covered this version of React as well...wouldn't that be considered prior art?
- sirclueless 9y ago
  I don't understand this argument. They are the owners of the patents in question. That gives them a limited monopoly on the rights to use those patents, and can create any number of products using the patents, and offer them to you under any number of licenses. Facebook re-licensing React doesn't create prior art, any more than an inventor manufacturing a new product using a patent they own would create prior art.
  - ktta 9y ago
    IANAL, and might be (likely) totally wrong. Here's my take on GP's comment. Apache v2 has an patent clause which explicitly waives the rights of the licensor over the patents they might have on the licensed code. So, presumably, it doesn't matter if the current project has a patent because it was once licensed under Apache v2, and the so those patents can't really be exercised. Unless, any new additions since changing the license are patented. Since you can say the only code you've used with the current license is the diff from since it was Apache licensed. But all of this is moot since you can't even take the risk of getting sued over a case which cannot be thrown out, because you might be bankrupt by the time the case is over. Also the current discussion isn't just about the current codebase. It is about using any of FB's projects using this license and problems over suing FB (and its affiliates) for any patent infringement. (Oculus comes to mind because it presumably has tons of important patents)
- imron 9y ago
  Patent rights != copyright.
- hdra 9y ago
  From what I understood, It is not a patent on React. As far as I can tell nothing about React is patented... and that is not the discussion over the past few days has been about. This whole shebang has nothing to do with React itself, or the "technology" that React uses or anything, but more about the way many FB's open source libraries are licensed, one of which is React. The license specify that you are free to use React as you would use a BSD licensed software, provided that you never sue FB for a patent. That means, if you use React, and you happen to own a patent for something that FB utilises, you can't sue FB without losing your React license. So, your option is either suck it up and let FB use your patented thing for free, or rewrite your software to take React out of it, and then proceed with the lawsuit.
  - Lazare 9y ago
    > That means, if you use React, and you happen to own a patent for something that FB utilises, you can't sue FB without losing your React license. Correction: Without losing your license to use any patents on React. Which... > As far as I can tell nothing about React is patented... I agree. Which means the entire issue is a huge paper tiger; you lose your right to use something that doesn't seem to exist.
    - hdra 9y ago
      I wouldn't say it's entirely paper tiger though, given that it also discourage you from exercising any patent you have against Facebook, no matter how legitimate the patent is. I'm neither a native English speaker nor a lawyer to really understand the wording in the legalese, or if it only cover software patent or patents in general, but I think that clause is pretty broad.
      - yflu 9y ago
        If you have a patent against Facebook, let's face it, that patent claim is going to be bigger than React ever can be. The cost of switching out a JS framework would be well worth the benefits of taking a legitimate patent claim on FB.
      - 9y ago
- deleted 9y ago
  [deleted]

mattnewton 9y ago

AFAICT that version still had patents.txt no?

chrisco255 9y ago
I checked on the repo and I didn't see it.

chrisco255 9y ago

If they published React under Apache v2 at one point in time, how can they later re-release under a new license and claim patent rights on it then? Since, assuming whatever patents they own covered this version of React as well...wouldn't that be considered prior art?

sirclueless 9y ago
I don't understand this argument. They are the owners of the patents in question. That gives them a limited monopoly on the rights to use those patents, and can create any number of products using the patents, and offer them to you under any number of licenses. Facebook re-licensing React doesn't create prior art, any more than an inventor manufacturing a new product using a patent they own would create prior art.
- ktta 9y ago
  IANAL, and might be (likely) totally wrong. Here's my take on GP's comment. Apache v2 has an patent clause which explicitly waives the rights of the licensor over the patents they might have on the licensed code. So, presumably, it doesn't matter if the current project has a patent because it was once licensed under Apache v2, and the so those patents can't really be exercised. Unless, any new additions since changing the license are patented. Since you can say the only code you've used with the current license is the diff from since it was Apache licensed. But all of this is moot since you can't even take the risk of getting sued over a case which cannot be thrown out, because you might be bankrupt by the time the case is over. Also the current discussion isn't just about the current codebase. It is about using any of FB's projects using this license and problems over suing FB (and its affiliates) for any patent infringement. (Oculus comes to mind because it presumably has tons of important patents)
imron 9y ago
Patent rights != copyright.
hdra 9y ago
From what I understood, It is not a patent on React. As far as I can tell nothing about React is patented... and that is not the discussion over the past few days has been about. This whole shebang has nothing to do with React itself, or the "technology" that React uses or anything, but more about the way many FB's open source libraries are licensed, one of which is React. The license specify that you are free to use React as you would use a BSD licensed software, provided that you never sue FB for a patent. That means, if you use React, and you happen to own a patent for something that FB utilises, you can't sue FB without losing your React license. So, your option is either suck it up and let FB use your patented thing for free, or rewrite your software to take React out of it, and then proceed with the lawsuit.
- Lazare 9y ago
  > That means, if you use React, and you happen to own a patent for something that FB utilises, you can't sue FB without losing your React license. Correction: Without losing your license to use any patents on React. Which... > As far as I can tell nothing about React is patented... I agree. Which means the entire issue is a huge paper tiger; you lose your right to use something that doesn't seem to exist.
  - hdra 9y ago
    I wouldn't say it's entirely paper tiger though, given that it also discourage you from exercising any patent you have against Facebook, no matter how legitimate the patent is. I'm neither a native English speaker nor a lawyer to really understand the wording in the legalese, or if it only cover software patent or patents in general, but I think that clause is pretty broad.
    - yflu 9y ago
      If you have a patent against Facebook, let's face it, that patent claim is going to be bigger than React ever can be. The cost of switching out a JS framework would be well worth the benefits of taking a legitimate patent claim on FB.
    - 9y ago
deleted 9y ago
[deleted]