Patent Promise

Introduction

Following the launch of CryptoKitties, the Dapper Labs team filed a patent on their insight that dividing the processes of coming to consensus on the order of transactions and computing the output of those transactions could be treated as two independent processes. This insight led to the development and founding of what is now known as Flow.

Flow uses this insight to achieve a blockchain environment that scales without sharding. The team is working hard to make this first version of the network available to you in the near future.

When we are ready to open source our code in 2020, the repository will include a patent license in order to protect those who use our code and build on top of it.

As pioneers and innovators in the space, we are committed to benefiting creators and developers who build their businesses on top of Flow. It is not our intention to ever enforce exclusivity of this patent but rather to ensure attribution of contributions to the same open source code base.

Dapper Labs believes in an open, fun, and collaborative future, but that won’t happen by itself. We are aware of other companies filing patents on various uses of blockchain technology. Without champions ready to defend an open, permissionless world, this technology may not live up to its potential.

For that reason, we have filed and will file patents on breakthroughs we’ll be contributing to the open world. Today, following in the footsteps of other open-source friendly companies, we are also making a legally binding promise regarding the use of these patents. A defensive approach to patents is beneficial to the open source community as well as the companies that use it.

Our Patent Promise

Dapper Labs provides all of its open source software under licenses that provide patent rights to our users. To the extent a party makes, uses, sells, offers to sell, imports, or otherwise transfers Dapper Labs’ open source software in accordance with the applicable open source license, Dapper Labs agrees not to use such actions as a basis for enforcing its patents against the party.

Dapper Labs also supports the development of the open source commons by other parties. Subject to the limitations described below, to the extent a party makes, uses, sells, offers to sell, imports, or otherwise transfers publicly-available open source-licensed software, Dapper Labs agrees not to use such actions as a basis for enforcing its patents against the party.

This promise extends to combinations of open source software with other hardware or software, if the claimed invention is substantially embodied in the publicly-available open source portion of the combination and if all other portions of the combination are merely enabling or general-purpose technologies or practices.

This promise is limited to the open source software described above. It does not apply to any software, however licensed, unless the software and its source code are available to the public at no charge under a license accepted by the Open Source Initiative. This promise does not apply to any hardware or combined hardware-software system where any substantial limiting element of the claim is embodied in such hardware. This promise does not apply to a party that breaches or causes the termination of any of the open source licenses applied by Dapper Labs to its software, or to a party that initiates patent enforcement proceedings against another party, or accuses Dapper Labs or any offering of Dapper Labs of patent infringement (including in a cross-claim or counterclaim).

This promise encompasses all patents and patent applications that Dapper Labs owns or subsequently acquires. Dapper Labs intends this promise to be irrevocable (except as stated herein), and binding and enforceable against Dapper Labs and assignees of, or successors to, Dapper Labs’s patents (and any patents directly or indirectly issuing from Dapper Labs’s patent applications). As part of this promise, if Dapper Labs sells, exclusively licenses, or otherwise assigns or transfers patents or patent applications to a party, we will require the party to agree in writing to be bound to this promise for those patents and for patents directly or indirectly issuing on those patent applications. We will also require the party to agree in writing to so bind its own assignees, transferees, and exclusive licensees.

A party relying on this promise acknowledges that this is not an assurance that Dapper Labs’ patents are enforceable or that practicing any patented inventions described in Dapper Labs’ patents does not infringe others’ patents or other intellectual property. Dapper Labs is not liable to a party relying on Our Promise for related claims brought by another based on infringement of intellectual property rights or otherwise.

Dapper Labs means Dapper Labs, Inc. and its subsidiaries and affiliates. A “party” receiving this promise also encompasses that parties subsidiaries and affiliates.