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Please do not spread FUD, or at least clearly explain your worries. The patent clause only applies if you sue Facebook for patent infringement in React itself. It's a very clear defensive policy. Despite all the breathless blog posts claiming that you can lose your license for "competing" with Facebook, it is not true.

https://code.facebook.com/pages/850928938376556




I never said that you could lose your license for competing against Facebook, I said that you could lose your license if you have a patent and assert it against Facebook if it infringes. This is the patent grant from React, which is identical to the grant in the post's repo as well. The language in the patent grant is pretty clear and doesn't mention anything about React specifically:

The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion: (i) against Facebook or any of its subsidiaries or corporate affiliates, (ii) against any party if such Patent Assertion arises in whole or in part from any software, technology, product or service of Facebook or any of its subsidiaries or corporate affiliates, or (iii) against any party relating to the Software. Notwithstanding the foregoing, if Facebook or any of its subsidiaries or corporate affiliates 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 under section (i) of this paragraph due to such counterclaim.

Also, your link doesn't actually dispel any fears I have. It specifically doesn't mention about if I sue Facebook for patent infringement if I have a valid patent that Facebook infringes upon, which is the main basis of my argument and worry.


If you name React in your patent lawsuit against Facebook, your license for React is terminated. Other software licenses remained unaffected.

That seems like a pretty reasonable stance for distributing an open source project.


Both you and grandparent are wrong. I have consulted with lawyers on this (and the language is pretty clear as well). If you initiate a patent lawsuit against FB on any grounds, you lose patent protection for this library (or React, Reactive-Native, etc -- they share the same patent licensing terms).

If you counter-sue FB after they have initiated a patent suit against you, you are ok, as long as your counter-suit does not cover patents you were licensed via using React, Yoga, etc.

This type of patent language is called a "strong patent retaliation clause." What you are describing also exists (Apache uses it) and is called the "weak patent retaliation clause." They are not the same.


It doesn't matter if you use React or not. If you sue Facebook, they can sue you for any patents they hold.


Of course, but having to stop using React as a result would be deadly for a company that built its company on it. :)


It doesn't matter if you use React or not. If you infringe on any of facebook's patents and go after them, they can counter sue.


If I am using React/Yoga/etc, and have a patent on FooTech, and Facebook starts using it tomorrow without license, and I sue them, then I have tripped clause (i).

The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion: (i) against Facebook or any of its subsidiaries or corporate affiliates

At that point, I am infringing any patents that FB have on all of {React/Yoga/etc}. Thus opening myself up immediately to a counter-patent suit, even I infringe no other FB patents.

tl;dr any patent suit initiated by me (troll or legitimate), revokes all the patent grants for every FB product using this license.


It doesn't matter if you use React or not. If you sue Facebook, they can sue you for any of the patents they hold.


IANAL but isn't the text quoted above also saying that except if initiated by Facebook suing you over a patent first, any patent lawsuit against facebook will terminate your license? It's listing "(i), (ii) or (iii)", not "(i), (ii) and (iii)".




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