<story><title>Oculus Rift Development Kit 1</title><url>https://github.com/OculusVR/RiftDK1</url></story><parent_chain><item><author>objclxt</author><text>This seems - and I&amp;#x27;m not a lawyer and could be totally misreading it - to be a really raw deal, in the sense that in exchange for using the software you&amp;#x27;re agreeing to not just sue, but even assert in any way that Facebook infringes upon &lt;i&gt;any&lt;/i&gt; patent of yours (or anyone else&amp;#x27;s, for that matter).&lt;p&gt;Does &amp;quot;any patent&amp;quot; include design patents? Because that seems like a really terrible thing to agree to. Say I&amp;#x27;m a company looking to use this library: do I really want to be bound by a license which will be revoked if I ever sue, or even claim publicly that any division of Facebook - because that&amp;#x27;s what I take &amp;quot;affiliate&amp;quot; to mean - has infringed upon any patent, be it hardware, software, design...&lt;p&gt;Or am I just misreading this?</text></item><item><author>readerrrr</author><text>PATENTS&lt;p&gt;&lt;i&gt;Additional Grant of Patent Rights&lt;p&gt;“Software” means the Rift DK1 Firmware distributed by Oculus VR, Inc.
Oculus hereby grants you a perpetual, worldwide, royalty-free, non-exclusive,
irrevocable (subject to the termination provision below) license under any rights
in any patent claims owned by Oculus, to make, have made, use, sell, offer to
sell, import, and otherwise transfer the Software. For avoidance of doubt, no
license is granted under Oculus’s rights in any patent claims that are infringed
by (i) modifications to the Software made by you or a third party, or (ii) the
Software in combination with any software or other technology provided by you
or a third party.&lt;p&gt;The license granted hereunder will terminate, automatically and without notice,
for anyone that makes any claim (including by filing any lawsuit, assertion or other
action) alleging (a) direct, indirect, or contributory infringement or inducement
to infringe any patent: (i) by Oculus or any of its subsidiaries or affiliates,
whether or not such claim is related to the Software, (ii) by any party if such
claim arises in whole or in part from any software, product or service of Oculus
or any of its subsidiaries or affiliates, whether or not such claim is related
to the Software, or (iii) by any party relating to the Software; or (b) that
any right in any patent claim of Oculus is invalid or unenforceable.&lt;/i&gt;</text></item></parent_chain><comment><author>bdonlan</author><text>IANAL either, but as I read it, if you sue facebook the patent license just goes away. It&amp;#x27;s essentially the same at that point as if they hadn&amp;#x27;t mentioned anything at all. So you&amp;#x27;re either getting something (a conditional license for the patents) at no direct cost to you, or you&amp;#x27;re getting nothing and losing nothing - how is that a raw deal?&lt;p&gt;These patent grants are commonly used by companies who gather patent portfolios as a means of patent mutually assured destruction. The goal is to ensure that they will never be sued for patent infringement by making sure they have a broad enough patent portfolio to always be able to countersue.&lt;p&gt;Now, if you want to use this and retain the ability to safely sue facebook, you could always negotiate a separate, irrevocable patent license. This is what you would need to do (that, or ignore any potential patents and hope you&amp;#x27;re not sued) in the absence of such a grant in the first place.</text></comment>
<story><title>Oculus Rift Development Kit 1</title><url>https://github.com/OculusVR/RiftDK1</url></story><parent_chain><item><author>objclxt</author><text>This seems - and I&amp;#x27;m not a lawyer and could be totally misreading it - to be a really raw deal, in the sense that in exchange for using the software you&amp;#x27;re agreeing to not just sue, but even assert in any way that Facebook infringes upon &lt;i&gt;any&lt;/i&gt; patent of yours (or anyone else&amp;#x27;s, for that matter).&lt;p&gt;Does &amp;quot;any patent&amp;quot; include design patents? Because that seems like a really terrible thing to agree to. Say I&amp;#x27;m a company looking to use this library: do I really want to be bound by a license which will be revoked if I ever sue, or even claim publicly that any division of Facebook - because that&amp;#x27;s what I take &amp;quot;affiliate&amp;quot; to mean - has infringed upon any patent, be it hardware, software, design...&lt;p&gt;Or am I just misreading this?</text></item><item><author>readerrrr</author><text>PATENTS&lt;p&gt;&lt;i&gt;Additional Grant of Patent Rights&lt;p&gt;“Software” means the Rift DK1 Firmware distributed by Oculus VR, Inc.
Oculus hereby grants you a perpetual, worldwide, royalty-free, non-exclusive,
irrevocable (subject to the termination provision below) license under any rights
in any patent claims owned by Oculus, to make, have made, use, sell, offer to
sell, import, and otherwise transfer the Software. For avoidance of doubt, no
license is granted under Oculus’s rights in any patent claims that are infringed
by (i) modifications to the Software made by you or a third party, or (ii) the
Software in combination with any software or other technology provided by you
or a third party.&lt;p&gt;The license granted hereunder will terminate, automatically and without notice,
for anyone that makes any claim (including by filing any lawsuit, assertion or other
action) alleging (a) direct, indirect, or contributory infringement or inducement
to infringe any patent: (i) by Oculus or any of its subsidiaries or affiliates,
whether or not such claim is related to the Software, (ii) by any party if such
claim arises in whole or in part from any software, product or service of Oculus
or any of its subsidiaries or affiliates, whether or not such claim is related
to the Software, or (iii) by any party relating to the Software; or (b) that
any right in any patent claim of Oculus is invalid or unenforceable.&lt;/i&gt;</text></item></parent_chain><comment><author>nknighthb</author><text>You could say it&amp;#x27;s a raw deal if you think patents should exist. If like me, you don&amp;#x27;t, then you could say it doesn&amp;#x27;t go nearly far enough, and should instead terminate all rights to both the patents and the copyrighted work if you attempt to assert any patent against anyone, anywhere.</text></comment>