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Simon Phipps on Public Domain and Facebook’s React Licence

  • Public Domain Is Not Open Source
    Open Source and Public Domain are frequently confused. Here’s why it’s a mistake to treat the two terms as synonyms. Plenty of people assume that public domain software must be open source. While it may be free software within your specific context, it is incorrect to treat public domain software as open source or indeed as globally free software. That’s not a legal opinion (I’m not a lawyer so only entitled to layman’s opinions) but rather an observation that an open source user or developer cannot safely include public domain source code in a project.
  • 5 Reasons Facebook’s React License Was A Mistake
    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 combination represents a new open source license, which I’ve termed the “Facebook BSD Plus Patent License” (FB+PL), and to my eyes it bears the hallmarks of an attempt to be compatible with both the GPL v2 and the Apache License v2 at the same time, in circumvention of the alleged imcompatibility of those licenses.

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