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by nrser 3197 days ago
Many of the top-dollar patents in FB's chest are likely very broad / fundamental to the modern web. If you implicitly or explicitly retain a license to use whatever's needed for React, etc. than you likely have a decent foothold to say you have a license to many of those key fundamental patents, significantly impacting FB's legal position, and these battles are all about position.

It's my "not a lawyer but spent way too much time in legal negotiations" understanding that if you sue FB for patent infringement then you lose license to the patents you get in the BSD+PATENTS, not the software. This would prevent you from saying "well, I've got a license to those patents because I've got a license to use React" (including a possibly implicit one under standard BSD/OSL). This agreements says that at that point, you can no longer assume you have a license to whatever patents could be construed to coverer React, etc., which could be all sorts of wonky over-arching crap from the 90's that FB bought.

The reason you is your whole org and patents is everything is because it would probably be really damn hard and expensive and risky to try to slice it finer.

Don't take this as an endorsement of the license. I'm still not sure what I make of it. FB has done a poor job of communicating about their motivations and indented mechanism, leading many to suspect treachery, and that's not an unreasonable position, but from I can kinda start to see where they may be coming from.

1 comments

> understanding that if you sue FB for patent infringement then you lose license to the patents you get in the BSD+PATENTS, not the software.

That's correct.