4 ms·
It's undue paranoia. It says essentially the same thing as the Apache 'Grant of Patent License' section. Namely, if you instigate a patent lawsuit, the free pat
by dada78641 12y ago
It's undue paranoia. It says essentially the same thing as the Apache 'Grant of Patent License' section. Namely, if you instigate a patent lawsuit, the free patent license offered by Facebook no longer applies. It would be impossible for Facebook or Apache to engage in patent lawsuits if they did not include this termination clause.
Besides, Facebook is gonna sue you if you violate their patents, regardless of whether you use React or not. And the termination pertains to the patent license. They can't restrict your access to a BSD licensed software package.
- deleted 12y ago[deleted]
- matthewmacleod 12y agoNo, this is not correct. Please stop spreading this misinformation. Your license to use React is not contingent on 'not to sue them' – however, the additional patent grant that they give you is contingent on this. This patent grant is in addition to your license to use the software. If you accuse Facebook of violating one of your patents, then you automatically lose the right to use any of theirs. You do not lose your license to use the software, which is a totally orthogonal issue.
- WhitneyLand 12y agoIt may not be correct, but do you deny that it's already been repeated enough that it'll take another 6-12 months of wasted hallway conversations discrediting it? When that BillG email for money urban legend first came out relatives literally called just to ask about it.
- loceng 12y agoIANAL however it's more correct than people realize. Facebook is changing the BSD license from being an implied license to being an explicit license, so it's not the same as BSD license via DannyBee (open source lawyer), https://news.ycombinator.com/item?id=9113505 https://news.ycombinator.com/item?id=9113505 EDIT: Changed ANAL to IANAL...
- loceng 12y agoFacebook is changing the BSD license from being an implied license to being an explicit license, so it's not the same as BSD license; via DannyBee (open source lawyer), https://news.ycombinator.com/item?id=9113505 https://news.ycombinator.com/item?id=9113505
- swhipple 12y agoI think it's worth mentioning that software copyright licenses (like BSD) cover a particular implementation (a.k.a. "creative work") while U.S. patent licenses cover a design. The likely reason for Facebook including the explicit patent license is that with an implicit license it is unclear if derivative works also share the rights to the granted patents (e.g. "can I take part of the implementation that utilizes a patented design and use it in another project?") [1]. The implicit patent rights of the BSD license may or may not extend to derivative works or different distributors, but the Facebook PATENTS file clarifies that it does not and avoids the ambiguity. For places outside of the U.S., that do not care about U.S. patent law, but do respect copyright, the BSD license is still in effect. I don't think that simply using Facebook software will open up your business to a "huge business risk" -- any more so than you'd be doing by working on the assumption of an implied patent right grant on the derivative works permitted by the BSD license. IANAL. [1] From the same thread: https://news.ycombinator.com/item?id=9113515 https://news.ycombinator.com/item?id=9113515
- loceng 12y agoThis isn't accurate according to what DannyBee says, an open source lawyer - please read my comment above at https://news.ycombinator.com/item?id=9256093 https://news.ycombinator.com/item?id=9256093 that includes copy/paste of a comment he's made before. TL;DR: Facebook is changing the BSD license from being an implied license to being an explicit license, so it's not the same as BSD license.
- dada78641 12y agoThis raises some questions: * If Facebook is "changing" the BSD license, why is the BSD license included verbatim and in full? * Also, why does the PATENTS file explicitly state that it is an "ADDITIONAL grant of patent rights"? * Why don't I see comments like the one I originally replied to being posted on articles pertaining to Apache? They have almost exactly the same wording in their statement. I'll believe claims of Facebook "changing the BSD license" when they actually change the BSD license.
- loceng 12y agoIt's easier to piggyback on something, for practicality reasons, and perhaps to piggyback on the perception people have of it (maliciously or not). ADDITIONAL could simply mean added to, not necessarily extra or supplementary - added, as in, included with - an overlay of BSD. I agree, it'd be good if Facebook was more transparent as to what it all means. Stating that you'll believe it if they modify the actual BSD license, it's far more easy to take an existing - and generally accepted license - and then make an addition instead of making changes to it, no? So you don't have to call it something other than BSD?