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0 pointss73ver_8y ago0 comments

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.

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5 comments · 2 top-level

magic_quotes8y ago· 3 in thread

> 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.

jmrog8y ago

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) . . . "

Sacho8y ago

I agree that it is a legitimate concern if you believe that only software patents are a problem but want to keep your other patents available.

They probably left it this way because there is no legal definition of a "software patent" - they cannot differentiate between those and "other patents". It's not like "other patents" are all sunshine and rainbows either - the patent system is fundamentally broken.

magic_quotes8y ago

IANAL, etc. This is indeed a very problematic bit. I'm not sure if it is even possible to restate that patent grant in such a way that the termination clause would apply only to software patent assertions and simultaneously keep the text sufficiently unambiguous.

chrisco2558y ago

You're probably already infringing on several Facebook patents. They bought a $500 million war chest of them in 2012 after getting sued by Yahoo. Many of them were from AOL and probably cover really broad concepts that we're all infringing upon. Let's not forget Amazon patented "one click checkout". Ok software patents are ridiculous. They always have been. The patent system was not built with something like software in mind.

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