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Comment by crncosta | Hacker News Reader

Really nice job, thank you!

React is patented https://github.com/facebook/react/blob/master/PATENTS which is, IMO, a reason to applaud the rise up of alternatives like this one.

I just hope the author is not infringing React patents in his implementation.

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Well it seems this patent is only there for defensive purposes.

Patent-retaliation clauses are common, but the React one is a bit unusual. The one in the GPLv3 is typical: if you sue someone who uses gcc (whether it's the FSF or a third-party user), alleging that they are infringing some of your patents through their use of gcc, then your license to gcc auto-terminates. The justification is something like: if you inhibit others' free use of this software through litigation, then you can't use it freely either (at least, until the situation is resolved).

The Facebook retaliation clause differs in two respects:

1. It protects only Facebook, but extends that protection to disputes unrelated to the software. Your React license is terminated if you ever end up in patent litigation with Facebook or a subsidiary, regardless of whether it involves React or not. But it is not terminated if you initiate patent litigation against third-party React users, unlike the GPLv3 termination. So it's not strictly a stronger or weaker retaliation clause in this respect, but I think a "worse" one.

2. Your React license is terminated if you challenge the validity of any Facebook patent, even if no lawsuit is involved (e.g. filing an USPTO challenge), and regardless of whether it involves React. As I read it, this covers even defensive patent challenges, e.g. if Facebook sues you over a patent, and you respond by challenging the patent's validity, then your React license is terminated. This part is particularly nasty imo.

Can I do this with all my licenses?

I mean, release something as GPL and add "If you sue me in the future, you license is automatically revoked"

If you don't link/include anyone else work, then you can do what you want.

Beyond that, GPL itself does not seem compatible with retaliation clauses except for patents.

Which React patents exactly?

This one: " The license granted hereunder will terminate, automatically and without notice, ..... (b) that any right in any patent claim of Facebook is invalid"

Basically if you accept Facebook's license, your right to use Facebook-patented software will terminate, in case you express your view that some other (any) Facebook patent is not valid (say due to prior art).

That's not a patent. That's a patent grant.

crncosta indicated that there was an actual patent: "React is patented"

I'm curious to know what patents he is specifically referring to.

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