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From "Jeff Jirsa (JIRA)" <j...@apache.org>
Subject [jira] [Comment Edited] (LEGAL-303) RocksDB Integrations
Date Fri, 16 Jun 2017 00:07:02 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-303?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16051213#comment-16051213
] 

Jeff Jirsa edited comment on LEGAL-303 at 6/16/17 12:06 AM:
------------------------------------------------------------

FWIW, FB has a FAQ here on their intent: https://code.facebook.com/pages/850928938376556 

{quote}
We use a standard BSD license paired with an additional patent grant for most of our open
source projects. For brevity, we call this combination the Facebook BSD+Patents license. We've
compiled some answers to common questions about the additional patent grant:

Does the additional patent grant in the Facebook BSD+Patents license terminate if I create
a competing product?

No.

Does the additional patent grant in the Facebook BSD+Patents license terminate if I sue Facebook
for something other than patent infringement?

No.

Does the additional patent grant in the Facebook BSD+Patents license terminate if Facebook
sues me for patent infringement first, and then I respond with a patent counterclaim against
Facebook?

No, unless your patent counterclaim is related to Facebook's software licensed under the Facebook
BSD+Patents license.

Does termination of the additional patent grant in the Facebook BSD+Patents license cause
the copyright license to also terminate?

No.

{quote}

To Mark's point above:

{quote}
My reading of that is if you use this code and Facebook infringes a completely unrelated patent
that you own, you can't sue them for infringement without giving up this patent license. That
is much broader than the language in the ALv2 which is limited to a single work.
{quote}

I think FB's clarification is that this is not their intent - only claims involving the BSD+Patents
licensed software cancels the patent grant, so it's not as broad as your fear. 

Looks like we at least understand what options are - either plugin outside of the ASF repo,
or ask FB to change the wording of the patent grant. Given statements here that the wording
was intentionally incompatible with the Apache license, I'm not sure if that's likely to have
much impact (though [~dikanggu] , if you believe otherwise, that'd be good to know).

I'll leave the open question of Apache Flink and Apache Samza using RocksDB to legal. 


was (Author: jjirsa):
FWIW, FB has a FAQ here on their intent: https://code.facebook.com/pages/850928938376556 

{quote}
We use a standard BSD license paired with an additional patent grant for most of our open
source projects. For brevity, we call this combination the Facebook BSD+Patents license. We've
compiled some answers to common questions about the additional patent grant:

Does the additional patent grant in the Facebook BSD+Patents license terminate if I create
a competing product?

No.

Does the additional patent grant in the Facebook BSD+Patents license terminate if I sue Facebook
for something other than patent infringement?

No.

Does the additional patent grant in the Facebook BSD+Patents license terminate if Facebook
sues me for patent infringement first, and then I respond with a patent counterclaim against
Facebook?

No, unless your patent counterclaim is related to Facebook's software licensed under the Facebook
BSD+Patents license.

Does termination of the additional patent grant in the Facebook BSD+Patents license cause
the copyright license to also terminate?

No.

{quote}

Looks like we at least understand what options are - either plugin outside of the ASF repo,
or ask FB to change the wording of the patent grant. Given statements here that the wording
was intentionally incompatible with the Apache license, I'm not sure if that's likely to have
much impact (though [~dikanggu] , if you believe otherwise, that'd be good to know).

I'll leave the open question of Apache Flink and Apache Samza using RocksDB to legal. 

> RocksDB Integrations
> --------------------
>
>                 Key: LEGAL-303
>                 URL: https://issues.apache.org/jira/browse/LEGAL-303
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Jeff Jirsa
>            Assignee: Chris A. Mattmann
>
> Hi Legal,
> There's a hypothetical question on the Apache Cassandra mailing list about potentially
expanding Cassandra's storage to be pluggable, specifically using RocksDB.
> RocksDB has a 3 clause BSD license (
> https://github.com/facebook/rocksdb/blob/master/LICENSE ), and a patent
> grant ( https://github.com/facebook/rocksdb/blob/master/PATENTS )
> I know the 3 clause BSD license is fine, but is the wording of the patent grant problematic?

> cc [~dikanggu]



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