Considering how arbitrary software patents often are, I would think it equally as likely that they hold patents covering aspects of Angular or Vue as React. I would also think it's equally as likely that Google holds patents covering aspects of React or GraphQL.
As far as I know, unlike GraphQL, nobody has found any patents filed by Facebook that would actually cover any part of React, so right now the patent grant seems to be more of a statement of intent. But expecting you can dodge patent lawsuits by using different technology is absurd. The only way to avoid software patent lawsuits is not to own, deploy or produce software. The only winning move is not to play.
Somebody on /r/ posted this[0].
I just read it. I can't believe this patent was granted. If I'm reading it correctly, it's a patent for an old trick used by every OS and video game ever made. Basically, don't redraw things that aren't in view, and only redraw the bits of things that are in view.
Anyway, I can't see how this is applicable to React, as it really isn't how the v-dom works at all. The v-dom isn't about failing to draw clipped items. The v-dom is about diffing two trees and only updating changed items.
Am I totally off base here?
Let's suppose that the set of Facebook's patents were known. The size of that set is large enough that if someone wanted to validate the claim that Facebook has no patents on React, it would be a massive undertaking—perhaps several man years, even. Not that this really makes a difference.
Facebook has thousands of patents with their name on them. They have thousands more where Facebook's name would not appear, because they control the patents through acquisitions and cross-licensing deals, which means the size of the set of Facebook's patents on any given technology is unknowable. We're basically running into the equivalent of the halting problem as applied to the world of IP—which has always been the crux case against software patents—it doesn't matter how diligent you are, because there's always the risk of being submarined.
So I don't know where this idea comes from that Facebook has no patents covering React. I keep seeing it repeated, and yet it seems to have been derived from nothing more than the same comments I saw early in the conversation about React probably not being covered—in which case, those comments are a terrible thing to base your understanding on, because I know those were just generic, off-the-cuff, probably underinformed speculation no different from 90% of the comments in any other thread about licensing.
If initiating a patent war with Facebook is a foreseeable business outcome for you, then you probably shouldn't use React. I remain convinced that logic applies to only a tiny minority of companies.
My reading of the license is that you lose Facebook patent grant even if your lawsuit was a response to Facebook's.
I am not a fan of (software) patents, but license restrictions are not limited to them either. So what is your recourse if Facebook decides to infringe yours?
Assuming this is true (IANAL), would you still feel as comfortable advising companies to use React?
I don't begrudge Facebook for their license for the same reasons that Matt stated, but I am highlighting this issue to my clients and would not recommend React's use because of it.
"Does termination of the additional patent grant in the Facebook BSD+Patents license cause the copyright license to also terminate?"
"No."
This might be the one[0].
"Additional Grant of Patent Rights Version 2 ... The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion"
Seems clear to me that you lose the license to use React. The clause that terminates the license is contained in a grant of rights, but the license it refers to, is the license to which this grant of rights is an "addition".
Moreover:
"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 counterclaim."
The "other action" is pretty broad and might as well include "use your patents in any way that goes against the interests of Facebook".
Reading legal documents with a benevolent attitude towards the claims, intentions and goals of the issuer is a pretty bad idea. If anyone decides they won't ever have or deal with patents and thus they are free of danger, that risk is up to them; but don't do it because you think the clauses only cover a narrow and unlikely set of situations.
There is nothing in that saying that they have patents on react, and if they have patent covering, it very likely covers very much more than just react (because of the generic way patents are filed).
«The license granted hereunder will terminate, automatically and without notice, if you (or any of your subsidiaries, corporate affiliates or agents) initiate directly or indirectly, or take a direct financial interest in, any Patent Assertion» see https://github.com/facebook/react/blob/master/PATENTS
If we assume that any patents covering React also cover the alternatives such as Preact, the nothing is gained by avoiding React.
The patent grant is separate from the copyright license.
Then again, I think this whole patents issue is mostly FUD. The number of companies who have to reasonably consider suing Facebook for patent infringement is small and they know who they are.