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The way I'm reading it, if you develop free/open source software that infringes Red Hat's patents, Red Hat promises not to sue unless you sue them first. The "
by mcbits 9y ago
The way I'm reading it, if you develop free/open source software that infringes Red Hat's patents, Red Hat promises not to sue unless you sue them first.
The "combined" part seems to be saying you can also develop a system that's partly proprietary, as long as the proprietary parts are simple and not using Red Hat's patents.
If they sell a patent, the buyer must agree to the same promise.
The promise won't protect you if you infringe someone else's IP, even if it's related to one of Red Hat's patents.
- Zarel 9y ago> promises not to sue unless you sue them first Isn't that exactly the same as Facebook's license grant?
- ungamed 9y agoFacebook can sue you first.
- madeofpalk 9y agoSure, but you won't loose the patent grant. if Facebook [...] files a lawsuit alleging patent infringement against you in the first instance, and you respond by filing a patent infringement counterclaim in that lawsuit against that party that is unrelated to the Software, the license granted hereunder will not terminate
- mcbits 9y agoRed Hat: You can use our patents if we can use your software. Facebook: You can use our software if we can use your patents. That's my severely over-simplified interpretation. The most significant difference is that Red Hat's promise extends to FOSS in general, though apparently not proprietary software. Facebook's license applies only to specific Facebook FOSS code, but it can be used in proprietary software.
- ec109685 9y agoYour interpretation is wrong. RedHat’s promise is revoked if you sue them for any patent infringement: >Our Promise also does not extend to the actions of a party (including past actions) if at any time the party or its affiliate asserts a patent in proceedings against Red Hat (or its affiliate) or any offering of Red Hat (or its affiliate) (including a cross-claim or counterclaim). So RedHat can hypothetically use all of your software patents and still sue you for infringement based on their patents if you sue them.
- mcbits 9y agoYeah, I mentioned that above: "unless you sue them first." That's not a major difference from Facebook's terms.
- ec109685 9y agoThe how are Facebook and RedHat different?
- mcbits 9y agoTo rephrase again... regarding patents, assuming you don't first sue RedHat or Facebook, then: RedHat won't sue you over your FOSS project that infringes any of RedHat patents, but your proprietary software is fair game. Facebook won't sue you for infringement caused by using one of their libraries in your software (FOSS or not), but your independent project (FOSS or not) that infringes any Facebook patent is fair game.