Recently, there’s been a tremendous amount of concern surrounding Facebook’s ‘BSD+ Patents’ open source license under which the popular React library (React.js) is distributed. Specifically, the language of the patent clause added to the license has caused many developers to reconsider using React.

Several detailed articles have been written on the React Patent issue (here, here, and here). Those pieces do a good job explaining the controversy so I won’t attempt to ‘reinvent the wheel.’

But many developers still seem to wonder: “OK, so should I stop using React?”

Unfortunately, the issues are too nuanced to provide a categorical ‘Yes’/‘No.’ Instead, I’ll highlight a few items to consider in deciding whether React is right for you.

Disclaimer: I am a Patent Attorney, I do not represent Facebook, this is just food for thought (not legal advice) (did I forget anything?).

Facebook’s React License Patent Clause [TL;DR edition]

Facebook (FB) may have patents that cover React

FB won’t use these React patents to stop you from using React code

If you sue FB for patent infringement, FB can respond by using their React patents against you

If FB sues you for patent infringement first, you can counter-sue using your own patents and FB still can’t use their React patents against you

(Full text here)

1. Alternatives to React may still be vulnerable to Facebook’s React patents

Concerns about the React license have led some developers to suggest migrating to a React alternative such as Preact, Deku, etc.

Unfortunately, using an alternative library may not help much. Unlike copyright, patents are rarely code-specific. Instead, patent claims (the legally enforceable part) generally cover the technology at a functional/algorithmic level. So, for example, if FB has a patent with a claim on a React feature (say, virtual DOM), it would likely be enforceable against Preact’s implementation of the same feature.

If your choices are down to (a) React or (b)an alternative library (Preact, etc.), here’s how your patent exposure breaks down:

Use React — No exposure to FB’s React patents until license is terminated (e.g., if you sue FB for infringing your patent)

Use React Alternative — Potential exposure to FB’s React patents from day 1

In other words, if you believe FB’s React patents may be a real risk for you, choosing a React alternative may not reduce your risk/exposure to FB’s React patents (and may actually increase it).

2. Using React doesn’t mean you ‘can never sue Facebook’

Another common theme I’ve heard during discussions about the React license is that if you use React, you just can’t (or would be crazy to) sue Facebook for patent infringement.

The React license does ‘terminate’ if you initiate patent litigation against FB. However, practically this termination simply means that FB can now use their React patents to counter-sue you (under the license, FB agreed not to use their React patents against you).

So, suing FB (and terminating the React license) likely puts you in the same position you’d be in if you chose a React alternative (Preact, etc.). If you’re suing FB for patent infringement, you’ll need to be prepared for them to use their React patents in response — just as you would if you’d chosen Preact instead.

3. If Facebook uses their Patents ‘offensively,’ using React may shield you from a lawsuit

Offensive patent assertion (i.e., starting patent lawsuits) is not , to my knowledge, a significant part of FB’s business model. But even if the day comes when FB was initiating lots of patent litigation, the React license gives a React user the upper-hand in such a confrontation. This is because the React license does not terminate if FB initiates patent litigation against you:

“…if Facebook… files a lawsuit alleging patent infringement against you…, and you respond by filing a patent infringement counterclaim…that is unrelated to the Software, the license… will not terminate…”

To illustrate, consider the following scenario:

(a) You own a patent on a ‘social networking’ feature FB is using (and thus infringing)

(b) FB sues you for infringing one of their patents (could be a patent on anything at all — VR, drones, etc.).

(c) In response, you (quite reasonably) countersue FB for infringing your ‘social networking’ patent.

If you’ve used React — FB still can’t use their React patents against you. No matter how ‘messy’ your case with FB gets, if FB filed the first patent lawsuit, they still can’t use their React patent(s) against you .

. If you’ve used a React alternative — FB can (will?) use their React patents against you.

Bottom line

So should you keep using React? As with most things: it depends. React’s ‘BSD+ Patents’ license may not be ideal, but using alternative libraries that provide comparable functionality may prove no better. Carefully consider the full ramifications of using and not using React before making a decision.