4 ms·
Why would Facebook sue for copyright infringement? Suing them for patent infringement doesn't invalidate the copyright - not for BSD+PATENTS, and certainly not
by Sacho 9y ago
Why would Facebook sue for copyright infringement? Suing them for patent infringement doesn't invalidate the copyright - not for BSD+PATENTS, and certainly not for MIT. Your scenario doesn't make sense.
- LeoNatan25 9y agoWhat exactly doesn’t make sense? What in the theoretical scenario do you not understand? Here is the scenario without the … emotional baggage: —— Company X has patent P. Company X releases open source O which provides implementation of patent P. There is no patent grant in the license of open source O. Company Y uses open source O. —— Can company X sue company Y for infringement of patent P? I think the answer to this is “yes”.
- detaro 9y agoI think they were nitpicking your choice of words. "copyright infringement" is not the same as infringing on a patent.
- LeoNatan25 9y agoRight, sorry. I meant “patent infringement”, of course.
- Sacho 9y agoWhat does this scenario have to do with "counter-suing" which you mentioned in your parent post? WRT patent grants, there's a few tidbits here and there about implicit patent grants(https://copyleft.org/guide-next/comprehensive-gpl-guidech7.html https://copyleft.org/guide-next/comprehensive-gpl-guidech7.h... and http://en.swpat.org/wiki/Implicit_patent_licence http://en.swpat.org/wiki/Implicit_patent_licence) but hardly any settled case law. At any rate, this is the situation with every MIT license, so I don't know why it's ominous.