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Apache Foundation disallows use of the Facebook “BSD+Patent” license

issues.apache.org

231–240 of 391 posts

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#231

Earlier quoted context omitted.

they should fix it the same way in react and react-native repos (delete the PATENTS file).

PR submitted. https://github.com/facebook/react/pull/10194

Nice try!

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#232
Is it any patent, or only patents pertaining to the "Software" as defined in the license (react)?

I cannot sue Facebook for patents in react or lose my react license, but I could some other patent I own e.g. fizzbuzz that Facebook is violating. Is this correct or is it any patent?

If it is any patent, I cannot believe that was the intent even if that's how Apache Foundation is interpreting it.

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#233

Earlier quoted context omitted.

In many European countries (all of the EU ?), software patents are not recognized. You may still have other kinds of patents, which are very much enforceable.

That is plain wrong. Software patents exist and are enforced in the EU and other member states of the European Patent Treaty. The European Patent Office even has a nice FAQ on helping you get your software patents granted at: https://www.epo.org/law-practice/legal-texts/html/guidelines...

The situation is a bit more subtle than you make out. The EPT has clear language which excludes software from patentability, but that hasn't stopped lawyers from arguing that some software can be patented if it has a physical effect (even a minimal one). Wikipedia actually summarises it decently: https://en.wikipedia.org/wiki/Software_patents_under_the_Eur...

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#235

Earlier quoted context omitted.

The point is those other libraries could be in violation of any patents that Facebook may or may not have with regards to React. Perhaps they have a patent on virtual DOM? That would mean your usage of Inferno, Preact, Vue, or Angular 2+ would violate the patent.

That would frankly be impossible. All JSX boils down to is h(name, properties, children) and that is literally it. Each reconciler is different, uses another v-dom, etc. If you wanted to patent react, you patent the mere use of functions. And not just that there are about 20 years of fair use of similar principles, even for jsx in particular which evolved from mozillas e4x and otherwise keeps to basic xml markup and…

I would like to think it's impossible. I just have seen crazier things patented before...https://en.wikipedia.org/wiki/1-Click

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#236

Earlier quoted context omitted.

A company the size of Facebook can't really get away with that scheme even if it were intentional. For one thing, I can sell the patent to a troll and let them do my dirty work. Or a company could buy you solely to get fuel to sue Facebook over. If Zuckerberg signs a paper with the wrong title, there's a troll lawsuit the next day. So if you make a habit of "in practice" strongarming people, you can easily slip up an…

> A company the size of Facebook can't really get away with that scheme even if it were intentional. You maybe be right, but why would I want to take my chances?

Im making over $7k a month working part time. I kept hearing other people tell me how much money they can make online so I decided to look into it. Well, it was all true and has totally changed my life. This is what I do, ====http://www.joinmate2.com

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#238
post #28

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> They’ve built their entire business on the back of open source software that wasn’t ever encumbered with the sort of nonsense they’ve attached to their own projects. So did Amazon apparently and others. At least Google have open sourced many interesting and useful projects so they have given back. Microsoft have been open sourcing things lately too. Others so so.

It's called PR and google has mastered that art. I dare them to open source gmail's spam filter. There are so few email solutions right now out there. They are basically a monopoly. They could use some competition. Feel free to downvote google fanboys :). You're no different from MS fans for 90s

Open sourcing the spam filter will only help spammers. It is unlikely that it would work on an individual server with small amount of traffic.

Instead of trying to make a perfect spam filter we should abandon outdated inreliable mail transfer protocol.

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#239

Earlier quoted context omitted.

http://www.reactnative.tools/ React Native at Microsoft

Very limited “use”; mostly just enabling external developers to interface using React to their existing tools (that are not using React). If the Armageddon should come, and Microsoft is to enter a legal patent dispute/battle, stopping this React “use” is a no-op for Microsoft.

Microsoft builds Skype on React Native. They use React in production on several websites including outlook.com. They are using it internally and not just for external devs.

Also see this HN thread from a year ago: https://news.ycombinator.com/item?id=12108273

Re: Apache Foundation disallows use of the Facebook “BSD+Patent” license

#240
post #68

Earlier quoted context omitted.

> As I understand it: To use React, you give Facebook permission to use any of your software patents throughout your whole company. That is, on its face, absolutely untrue. Nowhere in the React patent terms does it specify that you grant Facebook rights to use your patents--not even to ones related to React. That's something that isn't in the React terms, nor does it seem to show up in any legal analyses published on…

It maybe "on its face absolutely untrue" but it is true in practice. If Facebook infringes your patent and you sue them to enforce you lose the rights to use any patents React requires. So while you're not required to grant Facebook rights to use your patents, you are required not to enforce your rights relating to your patents against Facebook.

Companies shouldn't be dictating what happens if they're sued; it's a government right just like it's a natural right to accuse someone of theft. People shouldn't be sabotaged of their right to sue based on some arbitrary terms meant to block people from suing, their right to accuse someone of theft.
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