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> the implicit licence couldn't be terminated

"Couldn't?" I think you just said the opposite of what you meant, and ended up being correct. See https://news.ycombinator.com/item?id=15257004 where I lay out the actual logic involved.

That's what I meant, although I did have a question mark on that in the image, so I was being confusing.

This is what had me questioning whether an implicit licence could be revoked: https://news.ycombinator.com/item?id=15054849

Implicit patent license, the one assumed when your code is open sourced without an explicit patent agreement. The implicit license has no conditional termination clause where the explicit one does. The fear is not unreasonable.

There is no such thing as an implicit license, though. The absence of a license only indicates the absence of a license, i.e. no license.

There is no precedent for BSD/MIT implying any patent grant.

So in other words it's only the chance of an implicit patent grant, which may or may not actually hold up.

In fact, this entire argument is backwards. React is licensed under the BSD license and comes with an additional patent grant. If the BSD license would imply any patent grant, the additional patent grant would only count on top of that so the FB patent grant would actually be irrelevant. If that's not the case, there is evidently no implicit patent grant in the BSD license. You can't have it both ways.

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