Re: Question about Facebook's Osquery: Additional Grant of Patent Rights
On 30/10/14 08:13, Miriam Ruiz wrote:
> Hi,
>
> Facebook has published what seems a nice piece of code called osquery
> under a BSD3 license [1] [2] [3]. I was surprised by an "Additional
> Grant of Patent Rights" document that says the following [4]:
>
>
> Additional Grant of Patent Rights
>
> "Software" means the osquery software distributed by Facebook, Inc.
>
> Facebook hereby grants 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, 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 third party,
> or (ii) the Software in combination with any software or other technology
> provided by you or a third party.
>
> The license granted hereunder will terminate, automatically and without notice,
> for anyone that makes any claim (including by filing any lawsuit, assertion or
> other action) alleging (a) direct, indirect, or contributory infringement or
> inducement to infringe any patent: (i) by Facebook or any of its subsidiaries or
> affiliates, whether or not such claim is related to the Software, (ii) by any
> party if such claim arises in whole or in part from any software, product or
> service of Facebook or any of its subsidiaries or affiliates, whether or not
> such claim is related to the Software, or (iii) by any party relating to the
> Software; or (b) that any right in any patent claim of Facebook is invalid or
> unenforceable.
>
>
> I'm talking about the part "whether or not such claim is related to
> the Software". The license is obviously free (BSD3), but I wonder this
> "patent license" can affect, in practice, DFSG freedoms. I'd like to
> know what other think about it.
This is the part which worries me:
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
third party, or (ii) the Software in combination with any software or
other technology provided by you or a third party.
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