How likely is a judge to rule in Facebooks favor because you used their javascript library to build…
Anthony Comito
1

Hi Anthony,

Thanks for the question! I agree with you — it’s a lot more academic than practical. My original article defended Facebook on practical rationales.

But there is an important academic point. We cannot have patented open source software that makes its users an infringer from day 1. Facebook’s argument seems to be that there’s an implicit patent grant, a claim I find very dubious and problematic. When patents exist in OSS, we need an explicit grant.

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