1. This wouldn't have changed anything about the GraphQL situation. Unlike with copyrights, getting a patent is expensive. Companies don't do that for fun and t

1. This wouldn't have changed anything about the GraphQL situation. Unlike with copyrights, getting a patent is expensive. Companies don't do that for fun and they don't give their just acquired patent claims away for free. They may grant a limited license (narrowly scoped to include only the specific software or excluding use for defensive purposes), but there's no point in first paying for a patent and then giving it away for free. 2. Correct, she's barred from contributing, and if she accidentally does so, anyway, she may get into further trouble, because she's violating one license or the other. And no, Apache does not have the problem, because that patent grant is specifically limited to patent claims that contributors have the right to license. Same goes for the OSI BSD+Patent license (not to be confused with Facebook's BSD+Patents license, which has a similar name, but a totally different purpose). 4. And a license will not protect you from that, because unlike with copyright, innocent infringement does not preclude liability. See the folks that are building React variants to avoid the Facebook license: they risk infringing upon patent claims, anyway (as long as they use similar algorithms), and won't have a patent grant to protect them. They can grant any patent-related rights they want, and it'll result in zilch protection. Granting rights only matters if you can actually grant the rights. Without being the actual patent holder, you cannot indemnify anyone. 5. "Opening tickets" is fruitless, because you still end up with a crayon license. What you should do is consult actual lawyers specialized in the field and let them draft a license to your specification. [1] https://opensource.org/licenses/BSDplusPatent https://opensource.org/licenses/BSDplusPatent