> You shouldn't base your business on Facebook's (potential) patents, and then attack them with your own patents - but that is true with or without the patent grant. [...] If you are big enough and have patents, you can probably negotiate something like that.The chilling future effect, which I believe is the primary driver of op worries, is what if you build on React and are the next Facebook? (I.e. you are growing quickly to become "big enough" but are not yet)
Old Facebook now how a lot more leverage on you at several critical moments -- either in terms of making an offer, or in the negotiations around a more reciprocal patent licensing deal, or the aforementioned infringing of your patents, or the mere threat of either if someone else makes an offer.
The entire point of ladder kicking is to build a moat to ensure that others can't grow past you in the same way you did, and this is pretty effective at that (intentionally or unintentionally).
As you said, a more reciprocal, more finely-scoped patent balance would resolve these concerns. (E.g. "if you sue Facebook over a patent involved in React...")
