This is good insight for Facebook's motivation behind this license. Even before this post, most people understood why Facebook would use this license. However, it still doesn't fix its problems for 3rd parties, and it introduces bad precedents for open source in general. I can see less collaboration over time between different companies if this license ever gets popular. I could be wrong but knowing the history behind it doesn't change my opinion that this will hurt open source in the long run.
> ... If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
It seems to be more fair to me. It doesn't give any special right to Facebook or any other entity. I.e. Apache 2.0 revokes the patent grant if anybody sues for patent infringement arising out of the work. Facebook's license the patent grant if anybody sues Facebook for anything, or other parties for patent infringement arising out of the work.
