Ask HN: React.js and PATENTS clause. Can I please just stop worrying about this?

2 points by codeisawesome 10y ago ↗ HN

React sounds awesome, I have seen the docs & and I like some of the ideas around the entire ecosystem. I don't want to base my work off of other libraries that emulate React (Vue?) for fear of non maintenance and community support.

I've been stuck on the PATENTS clauses in React for a while now. I have actively told people about it. This is the latest text of the clause as of this writing: https://github.com/facebook/react/blob/b8ba8c83f318b84e42933f6928f231dc0918f864/PATENTS#L14..L26

But I fear maybe I was exaggerating the trouble in my mind.

In non-legalese, am I correct in assuming the following:

1. If Facebook or it's sub-entities sue me/my product for Patent Infringement, I DON'T lose the right to continue using React in my product (which would trigger a catastrophic & urgent rewrite).

2. If I/my company or sub-entities sue Facebook for Patent Infringement, I immediately lose the right to use React in my Product.

3. If in regards to (1), I "counter sue" Facebook, which AFAIK is the way to defend against the litigation, I DON'T lose the right to use React.

If the above are correct, I have a further question about (2):

Say AlphaCorp owns Beta Co. & Gamma Ltd., all producing different products. If Gamma Ltd. chooses to sue Facebook for patent infringement, All products arising from Beta Co. & AlphaCorp itself would lose the right to use React. Is that correct?

Finally, how does this compare to the terms of using Angular/TypeScript? Are they equally onerous and just don't have an explicit mention?

If all my assumptions above are true, then I guess I can live with building a few things off of React and make some money without fear of the legal letter.

5 comments

[ 3.9 ms ] story [ 23.9 ms ] thread

GFK_of_xmaspast 10y ago ↗

You know what the best thing to do when you have serious questions about a legal document is?

Call a lawyer.

codeisawesome 10y ago ↗

Fair point, just wondered if someone from the community who had done something similar could shed some light :)

brudgers 10y ago ↗

[IANAL]

With any software project there is some risk of patent litigation. It's just a specific instance of the general risk of litigation, e.g. padleft and Kik mobile.

For a business, it's a matter of risk management. That means assessing how likely your business is to be involved in a patent dispute regarding React relative to all the other risks, such as not having users, or focusing on the wrong thing [?], or the "bus factor" out in the real world.

Good luck.

I agree on this, especially for my own projects. But as investors get involved, or I add the library into a consulting project, I end up thinking about the questions I posed. Not always practical to ask for legal on those projects though :)

Disclosing the use of React and every other piece of outside software perhaps falls under the discipline of the professional. Investors and clients are obligated to do their own legal due diligence and risk assessment.

An errors and omissions policy from your insurance agent is a method of risk mitigation.