Please reconsider restrictions in PATENTS (Additional Grant of Patent Rights Version 2) #8952

Closed
PublicParadise opened this Issue Jul 21, 2016 · 7 comments

Comments

Projects
None yet
8 participants
@PublicParadise

I work for a bigger software company and our legal department has advised me to avoid using Facebook's react-native framework in any of our products, because of statements made in the second paragraph of Facebook's Additional Grant of Patent Rights Version 2 in react-native's PATENTS file:

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.

According to our legal department, the issue is that if our company initiated a patent claim or lawsuit against Facebook, then our license and right to use the framework would automatically terminate. This would apply if our company sued for any Facebook patent infringement (it’s not limited to the framework). Thus using react-native in any of our products would expose our company to risks we don't feel comfortable taking.

Please note that those concerns have also been raised by others (i.e. Google employees) and have unfortunately not been resolved by updating PATENTS to version 2 as suggested by #402 .

Thank you for reconsidering the second paragraph of Facebook's Additional Grant of Patent Rights Version 2 in react-native's PATENTS file.

I would love to move forward and recommend choosing react-native for one of our future products.
At this point I cannot do that.

@tangledfruit

This comment has been minimized.

Show comment
Hide comment
@tangledfruit

tangledfruit Jul 21, 2016

@PublicParadise: Thanks for raising this. I'm in a similar situation.

@PublicParadise: Thanks for raising this. I'm in a similar situation.

@ide

This comment has been minimized.

Show comment
Hide comment
@ide

ide Jul 21, 2016

Collaborator

cc @jamesgpearce

Airbnb, Apple, Netflix, Twitter, and Walmart are some examples of big companies that are OK with the license. Some of them use only React and not RN so the patents may be different but the license is the same. Last I heard at ReactConf, the licensing terms had been reworked so the wording was acceptable to Google's legal team.

N.B. I don't work at Facebook nor am I a lawyer, just telling you public info I know.

Collaborator

ide commented Jul 21, 2016

cc @jamesgpearce

Airbnb, Apple, Netflix, Twitter, and Walmart are some examples of big companies that are OK with the license. Some of them use only React and not RN so the patents may be different but the license is the same. Last I heard at ReactConf, the licensing terms had been reworked so the wording was acceptable to Google's legal team.

N.B. I don't work at Facebook nor am I a lawyer, just telling you public info I know.

@RemeJuan

This comment has been minimized.

Show comment
Hide comment
@RemeJuan

RemeJuan Jul 22, 2016

SO you want them to change their terms so that you are legally able to file a lawsuit against them, seems silly to me and more than enough reason for them to NOT change it.

SO you want them to change their terms so that you are legally able to file a lawsuit against them, seems silly to me and more than enough reason for them to NOT change it.

@PublicParadise

This comment has been minimized.

Show comment
Hide comment
@PublicParadise

PublicParadise Jul 22, 2016

@RemeJuan: See, I am not a lawyer either, just a dev like @ide. Now, hypothetically: what if Facebook really did commit patent infringement against the company I work for? Shouldn't my company have the right to bring this case to court without having to pull all apps from the store that use react-native? My company doesn't really want to sue anybody unless it has to. From what I understand it is very important that we have the freedom to do so without disrupting our ongoing business.

@ide A lot of threads I found were referring to version 1 and version 2 is indeed an improvement. But I am not sure whether for example Google now permits the usage of Facebook open source code.

@RemeJuan: See, I am not a lawyer either, just a dev like @ide. Now, hypothetically: what if Facebook really did commit patent infringement against the company I work for? Shouldn't my company have the right to bring this case to court without having to pull all apps from the store that use react-native? My company doesn't really want to sue anybody unless it has to. From what I understand it is very important that we have the freedom to do so without disrupting our ongoing business.

@ide A lot of threads I found were referring to version 1 and version 2 is indeed an improvement. But I am not sure whether for example Google now permits the usage of Facebook open source code.

@jaynsw

This comment has been minimized.

Show comment
Hide comment
@jaynsw

jaynsw Jul 23, 2016

It should be "To use RN, all parties agree no patent war against each other"

jaynsw commented Jul 23, 2016

It should be "To use RN, all parties agree no patent war against each other"

@mkonicek

This comment has been minimized.

Show comment
Hide comment
@mkonicek

mkonicek Oct 27, 2016

Contributor

Hi there! This issue is being closed because it has been inactive for a while.

But don't worry, it will live on with ProductPains! Check out its new home: https://productpains.com/post/react-native/please-reconsider-restrictions-in-patents-additional-grant-of-patent-rights-version-2

Product Pains has been very useful in highlighting the top bugs and feature requests:
https://productpains.com/product/react-native?tab=top

Also, if this issue is a bug, please consider sending a pull request with a fix.

Contributor

mkonicek commented Oct 27, 2016

Hi there! This issue is being closed because it has been inactive for a while.

But don't worry, it will live on with ProductPains! Check out its new home: https://productpains.com/post/react-native/please-reconsider-restrictions-in-patents-additional-grant-of-patent-rights-version-2

Product Pains has been very useful in highlighting the top bugs and feature requests:
https://productpains.com/product/react-native?tab=top

Also, if this issue is a bug, please consider sending a pull request with a fix.

@mkonicek mkonicek added the Icebox label Oct 27, 2016

@mkonicek mkonicek closed this Oct 27, 2016

@gaearon

This comment has been minimized.

Show comment
Hide comment
@gaearon

gaearon Feb 17, 2018

Member

React Native has been relicensed as MIT.

26684cf

Member

gaearon commented Feb 17, 2018

React Native has been relicensed as MIT.

26684cf

@facebook facebook locked as resolved and limited conversation to collaborators Feb 17, 2018

Sign up for free to subscribe to this conversation on GitHub. Already have an account? Sign in.