React's Achilles' Heel
On August 18, Facebook published a post further clarifying React’s license. It appeared to be an attempt to justify Facebook’s idiosyncratic BSD+Patents license after the Apache Foundation placed it in Category X; unfortunately, the community was not buying it.
Let’s start with what Category X is. It is a list of licenses that cannot be used or referenced in an Apache project. It includes GPL and its derivatives (such as AGPL), the open-source licenses of companies such as Microsoft and Amazon, and so on. Recently, Facebook’s open-source license was added to the list, and React uses that license.
This directly left many Apache projects that use React—such as CouchDB and RocksDB—in a bind. They jointly petitioned Facebook to change React’s license so that it would comply with Apache’s requirements; unfortunately, Facebook refused.
Let us first examine the danger posed by this seemingly trustworthy, bushy-browed comrade who has infiltrated the revolutionary ranks under the banner of open source:
Does the additional patent grant in the Facebook BSD+Patents license terminate if I create a competing product?
No.
Does the additional patent grant in the Facebook BSD+Patents license terminate if I sue Facebook for something other than patent infringement?
No.
Does the additional patent grant in the Facebook BSD+Patents license terminate if Facebook sues me for patent infringement first, and then I respond with a patent counterclaim against Facebook?
No, unless your patent counterclaim is related to Facebook’s software licensed under the Facebook BSD+Patents license.
Does termination of the additional patent grant in the Facebook BSD+Patents license cause the copyright license to also terminate?
No.
