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Relicensing React, Jest, Flow, and Immutable.js

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Re: Relicensing React, Jest, Flow, and Immutable.js

#241

Earlier quoted context omitted.

Only 2 that you know of. I work for a Fortune 150 company and we settled on Vue almost solely due to the licensing issue.

I too work for a Fortune 150 company and we've gone all in on React.

I'm told that one reason companies might have chosen to avoid React was that they could have imagined themselves be in competition with Facebook at some point, and thereby in the danger zone with their old BSD licence.

Re: Relicensing React, Jest, Flow, and Immutable.js

#242

IANAL, but here's an ominous scenario: There is no patent clause now. Assuming some FB patent has crept its way in one of their open source, if a company sues FB for patent infringement, FB would be able to counter-sue for copyright infringement due to the suing company's use of FB's open source. "As long as you don't sue us, we won't sue you" kind of a deal. If the above scenario is true, it seems there is no de fac…

> FB would be able to counter-sue for copyright infringement due to the suing company's use of FB's open source

the whole point of mit/bsd/etc is copyright grant. fb can only realistically win a suit wrt infringement if they revoke the mit/bsd license first (not sure if this is possible...not sure if it's even been tried before).

Re: Relicensing React, Jest, Flow, and Immutable.js

#243
post #79

Earlier quoted context omitted.

I may not intend to go suing FB for patent infringement, but if they infringe on one of my patents, or if they sue me for patent infringement, it's really my only recourse.

> if they infringe on one of my patents Well, the implicit assumption behind FB's bsd+patents license is that you should be ok with anyone "infringing" on your software patents, since software patents are mostly bullshit and you only acquired them to be used in defense (i. e. never suing someone first). That license doesn't make any sense if you believe otherwise.

Well, the React PATENTS file seems to indicate that you would lose the patent grant for any patent assertion against Facebook,[1] not just for software patent assertions against Facebook. So, it's theoretically possible that the poster in the parent comment was concerned about a patent on something other than software. Maybe he or she has patented some type of VR headset, for example, and uses React VR for the software that drives it. He or she might reasonably worry that suing Facebook for infringement on the VR headset would result in the loss of patent protections concerning the React VR software.

[1] The language I'm thinking of is the part that says that the license terminates if you initiate "any Patent Assertion: (i) against Facebook or any of its subsidiaries or corporate affiliates, (ii) . . . "

Re: Relicensing React, Jest, Flow, and Immutable.js

#244

> Although we still believe our BSD + Patents license provides some benefits to users of our projects I'm probably missing something, but: If their BSD+Patents was actually strictly "better" for the user, could they not just dual license under both? Is BSD+Patents ∪ MIT < MIT for some reason?

Yeah I was wondering the same. Dual licensing should be strictly more permissive for users, who c=would be free to apply whichever terms gives them better protections.

Re: Relicensing React, Jest, Flow, and Immutable.js

#245
post #47

Thank you, Wordpress.[1] [1] https://ma.tt/2017/09/on-react-and-wordpress/

I doubt it was related. The wheels to get this in motion must have started months in advanced, probably around the time ASF started advising against this license (labeling at as Category-X [1]) [1] https://www.apache.org/legal/resolved.html#category-x

Shot callers; they exist. Lawyers don't actually control these companies, they just have a wide berth.

Re: Relicensing React, Jest, Flow, and Immutable.js

#246

Since i'm not a lawyer, I have questions... The patents grant was irrevocable except under explicitly described conditions. A license change wasn't one of these conditions. So: 1) Does the patent grant still apply? i.e. is it now MIT + Patents? 2) If yes/no, what about existing users of React? i.e. if you were a user up to the point of the license change, do you get the grant, but new users don't? 3) Doesn't not havi…

React 16 will be licensed under MIT. Previous versions of React which you may be using under BSD+patents will remain licensed under BSD+patents. If you upgrade to 16, you should be free and clear of the patents clause. Definitely not PR theater.

(IANAL, but this is how relicensing works basically universally)

Re: Relicensing React, Jest, Flow, and Immutable.js

#247

Earlier quoted context omitted.

GraphQL has an ongoing discussion about this (that predates much of the recent flare ups about PATENTS): https://github.com/facebook/graphql/issues/351 The complicating factor there is Facebook actually has a patent covering the GraphQL specification (along with the fact that they're applying PATENTS to a specification, vs an implementation): https://www.google.com/patents/US9646028

From https://code.facebook.com/posts/112130496157735/explaining-r... > As our business has become successful, we've become a larger target for meritless patent litigation. This type of litigation can be extremely costly in terms of both resources and attention. It would have been easy for us to stop contributing to open source, or to do what some other large companies do and only release software that isn't used in o…

Can somebody who speaks legalese translate Red Hat's Patent Promise into more parseable English? I'm curious how it works, but the wording is pretty obscure to me.

Re: Relicensing React, Jest, Flow, and Immutable.js

#250
post #184

Earlier quoted context omitted.

I think you have it backwards. The facebook patent license puts all the power in their hands, and none in yours: they can still sue you for violating their patents, but you can't sue them . It would be a much, much worse patent regime.

The entire point of the patent license is that they can't sue you for violating any patents that cover the library you're using. So it's at least a bit over-broad to it puts all the power in their hands.

The problem with the patent clause was that it prevented you from suing Facebook for any patent infringement, even if it's unrelated to React. If you're a React using-company, this more or less meant that Facebook had carte blanche to infringe on any your patents at will in an exchange for a license to use their React patents. That's a quite one-sided deal.
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