The patent retaliation is more broad than the provision in the Apache license though, which basically only revoke the patent grants for a specific work if you sue over patent infringement in the same work.
Yes, I actually wrote a paragraph on Apache/GPL/MPL patent grants which I deleted before submitting because it's really not relevant to the argument.
React, like most JS projects, is licensed under an MIT/BSD style license (they're too similar to be worth the distinction in this context).
The alternative to having the FB patent grant wouldn't be to have the Apache 2.0 patent grant. It would be having no patent grant, as is the case with AngularJS, Ember and jQuery.
Which is completely beside the most important point: if you don't use React, you might be still affected by React-related patents owned by Facebook and there's no patent grant preventing them from suing you -- and this holds true for all patents owned by everybody else.
The default for JS projects is no patent grant. FB is actually more benign than any of the alternatives by providing a patent grant at all.
Not only is the argument entirely theoretical (If FB doesn't sue you over React patents, they might still sue you over non-React patents or someone else might sue you over React patents FB doesn't hold) but it's also invalid (FB doesn't benefit from offering a patent grant compared to not offering a patent grant -- which would have been the default for open source projects like React).
If you just want to argue that FB could have done more, yes of course they could have. But that's like shouting at someone giving you a free penny why they don't give you a free dollar.
So I'm suddenly very interested after hearing about this issue. The discussion always seems to be about Facebook suing me, assuming all is fine because why would I sue them?
The problem is the startup I work for relies on patents for a big part. And if we use any Facebook stuff, which I actually wanted to do as the main developer (react and react-native), they can use our stuff without caring about our patents! Because we can't sue them!
So basically, with that license Facebook on the one hand protects itself against patent trolls. Good, fine.
On the other hand though they grant themselves the right to use any patent of any company that uses their products, because you can't sue them any more! No? That's how I read it after having read a lot of discussions, none of which talk about that major issue, because for most people in this discussion defending their own patent(s) against Facebook is not an issue, so the discussion is very heavily one-sided towards people who don't have that problem.
If FB has patents that cover parts of React, the same patents also cover similar parts in other projects, including your own.
By using React you prevent FB from using those patents against you within the project in which you use React instead of your own analogous code.
They can enforce their patents against you if you infringe on them in your code. They can't enforce their patents against you if you infringe on them by using React.
This is a protection you only get by using React. And it's the only thing that changes if you sue them over patents.
The only difference is that if you don't use React, depending on the exact patents, they might not be able to determine you are infringing on their patents without looking at your code (whereas if you use React they know which of their patents cover React).
But as I said, this "drawback" really pales in comparison to the very real risk of infringing on patents without even using React in the first place. Facebook might hold the patent for some ubiquitous aspect of your application and they could still sue you over that if they want to at any moment.
That said, if you run a software company and intend to sue Facebook over patents, you better believe that they have an arsenal that can take you off the market for good if they want to.
Besides, why would you want to use open source software created, maintained and sponsored by a company you're planning to sue?
http://en.swpat.org/wiki/Patent_clauses_in_software_licences...