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Yet more BS from Facebook (and it's surroundings) on BSD+Patent. This piece does not mention anywhere the fundamental asymmetry of the patent grant. First, Fa
by khuey 9y ago
Yet more BS from Facebook (and it's surroundings) on BSD+Patent. This piece does not mention anywhere the fundamental asymmetry of the patent grant.
First, Facebook grants you a patent license only in conjunction with the software. You are not granted a license to use a patent that React requires in some completely different piece of software. The only thing this patent grant prevents Facebook from doing defensively is countersuing the users of software that Facebook gave them for using the software that Facebook gave them. Unless that is Facebook's idea of defense, the patent grant (without the retaliation clause) does not impair the defensive capabilities of Facebook's patent portfolio in any way.
Second, the patent grant terminates if you (first) assert any patent claims against Facebook whatsoever. So in exchange for a very narrow grant of a handful of patents, you in effect agree not to assert any patent claims against Facebook for any reason, even if they're totally unrelated to the software that Facebook's patent grant came with.
IMO this sort of asymmetric grant of rights is a very bad development for open source. It's also quite disconcerting that Facebook (and it's surroundings, I realize this guy is no longer employed there) never acknowledges this even though they're surely aware of this. If Facebook were content with merely not increasing their exposure to patent problems through open source the Apache style patent grant would have sufficed. Instead they have decided to militarize their open source projects in the service of decreasing their patent exposure in completely unrelated areas.
- nrser 9y agoMany of the top-dollar patents in FB's chest are likely very broad / fundamental to the modern web. If you implicitly or explicitly retain a license to use whatever's needed for React, etc. than you likely have a decent foothold to say you have a license to many of those key fundamental patents, significantly impacting FB's legal position, and these battles are all about position. It's my "not a lawyer but spent way too much time in legal negotiations" understanding that if you sue FB for patent infringement then you lose license to the patents you get in the BSD+PATENTS, not the software. This would prevent you from saying "well, I've got a license to those patents because I've got a license to use React" (including a possibly implicit one under standard BSD/OSL). This agreements says that at that point, you can no longer assume you have a license to whatever patents could be construed to coverer React, etc., which could be all sorts of wonky over-arching crap from the 90's that FB bought. The reason you is your whole org and patents is everything is because it would probably be really damn hard and expensive and risky to try to slice it finer. Don't take this as an endorsement of the license. I'm still not sure what I make of it. FB has done a poor job of communicating about their motivations and indented mechanism, leading many to suspect treachery, and that's not an unreasonable position, but from I can kinda start to see where they may be coming from.
- Lazare 9y ago> understanding that if you sue FB for patent infringement then you lose license to the patents you get in the BSD+PATENTS, not the software. That's correct.