Apache disallows the Facebook BSD+patent license

I believe he thinks the reason to apply contract interpretations is the Artifex v Hancom decision. However, just because you can enforce contractual remedies under certain circumstances does not mean that a licence is interpreted exactly like a contract. The terms of a licence have universality, meaning they have to be interpreted in the same way for everyone. The only way to change this is to alter the terms. The Facebook patent grant, being an additional permission, does not alter the terms so any court decision that the BSD licence gives an implied patent grant would be binding on Facebook regardless of any evidence (or even an explicit statement) that Facebook's intention was not to grant patents except via the additional permission when they released code under the BSD licence.

The key question that governs whether the additional permission alters the terms of the licence is severability: if you receive code under BSD+FB may you re-release it as BSD only? Facebook already stated that you may.