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0 pointsZarel8y ago0 comments

> promises not to sue unless you sue them first

Isn't that exactly the same as Facebook's license grant?

0 comments

5 comments · 2 top-level

mcbits8y ago· 2 in thread

Red Hat: You can use our patents if we can use your software.

Facebook: You can use our software if we can use your patents.

That's my severely over-simplified interpretation. The most significant difference is that Red Hat's promise extends to FOSS in general, though apparently not proprietary software. Facebook's license applies only to specific Facebook FOSS code, but it can be used in proprietary software.

ec1096858y ago

Your interpretation is wrong. RedHat’s promise is revoked if you sue them for any patent infringement:

>Our Promise also does not extend to the actions of a party (including past actions) if at any time the party or its affiliate asserts a patent in proceedings against Red Hat (or its affiliate) or any offering of Red Hat (or its affiliate) (including a cross-claim or counterclaim).

So RedHat can hypothetically use all of your software patents and still sue you for infringement based on their patents if you sue them.

mcbits8y ago

Yeah, I mentioned that above: "unless you sue them first." That's not a major difference from Facebook's terms.

1 more reply

ungamed8y ago· 1 in thread

Facebook can sue you first.

madeofpalk8y ago

Sure, but you won't loose the patent grant.

    if Facebook [...] files a lawsuit alleging patent infringement against you
    in the first instance, and you respond by filing a patent infringement
    counterclaim in that lawsuit against that party that is unrelated to the
    Software, the license granted hereunder will not terminate

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