@AC Re: Here's the reality... its a scam in favor of Facebook.
"The BSD License + Patents says that if you use this code, then you lose the right to use the code if you ever sue Facebook for Patent infringement."
No, actually, it doesn't. Only the clause granting access to the patent is revoked, and actually the Apache and GPL licenses both contain very similar clauses. The difference is those clauses are very narrowly defined to concern only the software being licensed. It's this more broad definition of the patent revocation scenario that causes the issue at the ASF.
From the article.
The patent grant says that if you're going to use the software we've released under it, you lose the patent license from us if you sue us for patent infringement.”
You do realize that if you lose the rights to use the patent, it means you lose the rights to use the code for which the patent was granted. Right?
In simple terms, you will be infringing on their patent and they can then lob a sue ball at you for suing them.
Here's how it could play out...
Facebook code gets in to an Apache project which IBM uses and builds in to their product and re-licenses it. (Which you can do with Apache code under the terms of APL) You buy the IBM product. You sue FB. You lose the rights to the code that FB granted to Apache that IBM used in the product they sold you.
FB then counter sues you for patent infringement because you've lost the rights that they granted to you thru IBM and Apache.
That's the key thing. Everyone else is ok, until they decide to sue Facebook for patent infringement. In short it has the potential to make them bullet proof.