I'm Brett Slatkin and this is where I write about programming and related topics. Check out my favorite posts if you're new to this site. You can also contact me here or view my projects.

10 April 2015

Facebook updated their open source patent clause

Facebook published an updated version of their patent clause. I'm not sure if this new clause is better than the old one (update: see more from DannyB here). It's definitely more words. See this previous post to understand why the old one was bad.

Here's the wdiff between them (also in this gist):

Additional Grant of Patent Rights {+Version 2+}
"Software" means [-fbcunn-] {+the osquery+} software distributed by Facebook, Inc.
{+Facebook, Inc. ("Facebook")+} hereby grants [-you-] {+to each recipient of the Software
("you")+} a perpetual, worldwide, royalty-free, non-exclusive, irrevocable
(subject to the termination provision below) license under any
[-rights in any patent claims owned by Facebook,-] {+Necessary
Claims,+} to make, have made, use, sell, offer to sell, import, and otherwise
transfer the Software. For avoidance of doubt, no license is granted under
Facebook’s rights in any patent claims that are infringed by (i) modifications
to the Software made by you or [-a-] {+any+} third [-party,-] {+party+} or (ii) the Software in
combination with any software or other [-technology
provided by you or a third party.-] {+technology.+}
The license granted hereunder will terminate, automatically and without notice,
[-for anyone that makes any claim (including by filing-]
{+if you (or+} any [-lawsuit, assertion or
other action) alleging (a) direct, indirect,-] {+of your subsidiaries, corporate affiliates or agents) initiate
directly+} or [-contributory infringement-] {+indirectly,+} or
[-inducement to infringe-] {+take a direct financial interest in,+} any [-patent:-] {+Patent
Assertion:+} (i) [-by-] {+against+} Facebook or any of its subsidiaries or {+corporate+}
affiliates, [-whether or not such claim is related to the Software,-] (ii) [-by-] {+against+} any party if such [-claim-] {+Patent Assertion+} arises in whole or
in part from any software, {+technology,+} product or service of Facebook or any of
its subsidiaries or {+corporate+} affiliates, [-whether or not
such claim is related to the Software,-] or (iii) [-by-] {+against+} any party relating
to the
[-Software;-] {+Software. Notwithstanding the foregoing, if Facebook+} or [-(b) that-] any [-right-] {+of its
subsidiaries or corporate affiliates files a lawsuit alleging patent
infringement against you+} in [-any-] {+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
under section (i) of this paragraph due to such counterclaim.
A "Necessary Claim" is a+} claim of {+a patent owned by+} Facebook {+that+} is [-invalid-]
{+necessarily infringed by the Software standing alone.
A "Patent Assertion" is any lawsuit or other action alleging direct, indirect,
or contributory infringement or inducement to infringe any patent, including a
cross-claim+} or
[-unenforceable.-] {+counterclaim.+}
© 2009-2016 Brett Slatkin