clarification on PATENTS grants and termination clauses #3617

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jokeyrhyme opened this Issue Apr 8, 2015 · 8 comments

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@jokeyrhyme

Firstly, I sincerely apologise if this is the wrong place to be asking this question, but I haven't seen this answered in other places and think it definitely relates to usage of React.js.

There has been some consternation and confusion about Facebook's patent grant declared in their project (including this one).

Specifically:

The license granted hereunder will terminate, automatically and without notice,
for anyone that makes any claim (including by filing any lawsuit, assertion or
other action) alleging ... (b) that any right in any patent claim of Facebook is invalid or
unenforceable.

I'm not a lawyer, but I interpret this to mean that if I use React and publicly voice concern about the quality or validity of any patent owned by Facebook, that the access to React-related patents is terminated automatically and I am now open to being sued for patent infringement. I may be a little paranoid, but I also wonder if simply discussing this issue is grounds for patent grant termination.

The (a) clause makes perfect sense, in terms of protecting Facebook from unnecessary patent litigation. The desired purpose (spirit) and actual purpose (letter) of the (b) clause are just confusing and concerning.

If you can please point me to where this discussion / answer has already taken place, that would be terrific.

If there is not yet official word from Facebook on this issue, then please point me to the arena in which is this going to take place (or is more likely / appropriate).

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syranide Apr 8, 2015

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Related #3554

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syranide commented Apr 8, 2015

Related #3554

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jokeyrhyme Apr 8, 2015

Thanks @syranide, I'm not sure how that escaped my notice.

Thanks @syranide, I'm not sure how that escaped my notice.

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jokeyrhyme Apr 8, 2015

If I were to advocate for software patent reform that affects the validity of Facebook's patents, does this activate the termination clause in the patent grant?

What are the potential and likely legal consequences for activating the termination clause of the patent grant?

If I were to advocate for software patent reform that affects the validity of Facebook's patents, does this activate the termination clause in the patent grant?

What are the potential and likely legal consequences for activating the termination clause of the patent grant?

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syranide Apr 8, 2015

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@jokeyrhyme (I'm not part of the team) so all I have to offer is #3554 (comment)

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syranide commented Apr 8, 2015

@jokeyrhyme (I'm not part of the team) so all I have to offer is #3554 (comment)

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zpao Apr 8, 2015

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Let's keep all discussion in the other issue. Somebody with authority will comment when able.

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zpao commented Apr 8, 2015

Let's keep all discussion in the other issue. Somebody with authority will comment when able.

@zpao zpao closed this Apr 8, 2015

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FezVrasta May 13, 2016

I'm still not sure about what this patent grant means...

Does the infringement of the "Patent Grant" invalidates the BSD license?

I'm still not sure about what this patent grant means...

Does the infringement of the "Patent Grant" invalidates the BSD license?

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gaearon Sep 22, 2017

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We’re relicensing React, Jest, Flow, and Immutable.js under the MIT license.
I hope that this addresses your concerns.

https://code.facebook.com/posts/300798627056246/relicensing-react-jest-flow-and-immutable-js/

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gaearon commented Sep 22, 2017

We’re relicensing React, Jest, Flow, and Immutable.js under the MIT license.
I hope that this addresses your concerns.

https://code.facebook.com/posts/300798627056246/relicensing-react-jest-flow-and-immutable-js/

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