Based on feedback from W. Trevor King (thank you!!), here is round 2.
Here I propose this Facebook rider as a new *license* instead of separate
The proposal is below; I'm including a modified "INTRODUCTION" to give context.
Many Facebook projects, including the widely-used React.js, have a different
license approach than others: They use a stock OSS license *with* a special
patent-related rider (in the case of React.js, this is in a file named
PATENTS). This patent rider is asymmetric, which has led to the Apache
Software Foundation requiring that *all* of the Apache projects stop
incorporating any project with this rider, and it appears that other companies
also have this policy. Thus, for some organizations it is vital that they be
able to *detect* this rider.
As far as I can tell SPDX currently has no way to report this information as a
standard license or license exception. That needs to change. If SPDX *can*
report it, please let me know - maybe I missed it!
McCoy Smith has noted that there’s an additional source of confusion:
➢ Adding to the confusion is that FB frequently refers to their React.js
license as "BSD+Patents" (plural), although that nomenclature appears somewhat
recent (and, I think, post-dates the submission of the "BSD+Patent" -- singular
-- license to OSI in early 2016).
That OSI-approved license is now referred to as BSD-2-Clause-Patent, but since
the React license is *different*, this leads to a lot of confusion.
This rider is on a number of popular OSS projects, so I think it meets the
conditions for inclusion. Also, I think SPDX needs to add this information
*soon* to eliminate the confusion.
I had proposed the name “ANY-PATENT-ASSERTION-TERMINATES” as a license
exception. However, it has been previously agreed that this situation should
be handled as a stand-alone license, and then used this way: "(BSD-3-Clause AND
FB-Patents-2.0)". Thus, this proposal formalizes the approach that has already
been agreed to in principle:
My thanks to W. Trevor King for this clarification!
This license is *NOT* already listed on the “licenses and exceptions under
Again, note that this is NOT the same as BSD-2-Clause-Patent.
I suggest this name because it's been referenced before. There are good
reasons for using "Facebook-Patents-2.0" instead, since that would be easier to
find, so I'd be happy with that. While it need not be used only by Facebook,
Facebook is the first main user of the license, and many other licenses are
named by their originator (e.g., MIT and BSD). I just want to agree on a name.
1. Provide a proposed Full Name for the license or exception: Additional Grant
of Patent Rights where patent assertion terminates Version 2
2. Provide a proposed Short Identifier: FB-Patents-2.0
3. Provide a functioning url reference to the license or exception text, either
from the author or a community recognized source:
4. Create and attach a text file with the license or exception text from the
url provided in #3. Please proofread the text file to ensure that:
a. Information has not been lost or modified.
b. Formatting is clean and consistent with the license or exception URL.
5. Indicate whether the license is OSI-approved (see:
http://www.opensource.org/licenses/alphabetical) or whether it has been
submitted for approval to the OSI and is currently under review: Not OSI
6. Provide a short explanation regarding the need for this license or exception
to be included on the SPDX License List, including identifying at least one
program that uses this license: See above. It's in wide use, but organizations
such as the Apache Software Foundation forbid including software licensed with
this exception, so it's important to report its presence.
I'm attaching the text by copying it below from
<https://github.com/facebook/react/blob/master/PATENTS>; users might replace
"Facebook"/"Facebook, Inc." with someone else.
--- David A. Wheeler
=== LICENSE EXCEPTION TEXT ===
Additional Grant of Patent Rights Version 2
"Software" means the React software distributed by Facebook, Inc.
Facebook, Inc. ("Facebook") hereby grants to each recipient of the Software
("you") a perpetual, worldwide, royalty-free, non-exclusive, irrevocable
(subject to the termination provision below) license under any 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 any third party or (ii) the Software in
combination with any software or other technology.
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: (i) against Facebook or any of its subsidiaries or corporate
affiliates, (ii) against any party if such 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, or (iii) against any party relating
to the Software. Notwithstanding the foregoing, if Facebook or any of its
subsidiaries or corporate affiliates files a lawsuit alleging patent
infringement against you in 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
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 counterclaim.
Spdx-legal mailing list