Facebook’s BSD+Patent license combo fails not because of the license itself but because it ignores the deeper nature of open source.
In July 2017, the Apache Software Foundation effectively banned the license combination Facebook has been applying to all the projects it has been releasing as open source. They are using the 3-clause BSD license (BSD-3), a widely-used OSI-approved non-reciprocal license, combined with a broad, non-reciprocal patent grant but with equally broad termination rules to frustrate aggressors.
The Apache Software Foundation has moved the “Facebook BSD+Patent grant” license combination (FB+PL) to its “Category X” licensing list, effectively banning inclusion of any software under FB+PL from Apache projects. That included RocksDB, which has consequently just dropped FB+PL and added the Apache License v2 on Github, and React.JS which does not look like it will resolve the issue so fast.
Here’s what we know so far (subject to updates, last day’s in green, latest marked 🆕): Continue reading
The European Commission has been persuaded by lobbyists to change its position on standards to permit the use of FRAND license terms for patents applicable to technologies within those standards. This is a massive mistake that will harm innovation by chilling open source community engagement.
Simon was surprised when he went to the Microsoft press release page looking for the news about Linux support for SQL Server and joining Eclipse. He found that the only press release related to Linux was about patent licensing. He’s written about it today on InfoWorld and expanded the thought on his blog.
I participated in a study asking about the fairness, reasonableness and non-discriminatory nature of FRAND licensing in the context of licensing of patents in standards. I was surprised to find people there asserting there was no conflict between FRAND licensing and open source software. Here’s a simple explanation why that’s wrong.
Since patent licensing is by definition bilateral, and since open source communities that aren’t run by a single vendor are by definition multi-lateral, any standard which includes patents that require licensing discriminates against true multi-participant open source implementation. By definition, patent licensing as a precondition of implementation of a standard cannot ever be non-discriminatory. Even zero-fee licensing is discriminatory as it still requires implementers to seek permission, the antithesis of open source.
The effects of the Alice v. CLS Bank Supreme Court case have been felt in the recent Federal Court of appeals, Digitech case. The court decided to not even check for infringements, as the initial image processing software was deemed not to be a significant improvement to the computer, but merely a computer implementing a non‑patent‑eligible technique.
On an entirely separate, but equally positive note, last week the UK government announced that from hence forth it will be using an open document format as its standard. To hear (or read) more detail and insight on both these stories, check out Simon’s recent podcast with Red Hat Cloud Evangelist Gordan Haff.
In a satire of OIN‘s stated aim “to promote the Linux system by using patents to create a collaborative ecosystem”, the FFII used the opportunity provided by April 1st’s traditional gag pulling to announce two new “initiatives”, labelled “Coin2Patent” and “Offensive Publications”. Directly playing on the names and concepts of two OIN programs “Peer-to-Patent” and “Defensive Publications”, the initiative descriptions closely mirror those of their OIN counterparts but with a hard satirical edge.
The actual Peer-to-Patent program describes itself as a “system that aims to improve the quality of issued patents” and Defensive Publications are called “powerful preemptive disclosure [which] prevents other parties from obtaining a patent on the product, device or method.” The FFII gag paints their alternative projects as crowd funding for patent trolls and “basically the patents themselves” respectively. Read Alexandra’s full write up in the ComputerWorldUK spot.