[Linux-aus] Request: Officially oppose TPP Source Code provision

[Euan]

I agree that we should oppose this. 

There should be no special blanket clause on source code - commercial entities already have pretty good protection, and a robust body of legal precedent to fall back on.

There are specific circumstances where source code should be made available - encryption tools, voting systems and any system that makes bold claims around security or privacy. The definition of "critical infrastructure" is a big grey area too.

It also seems to supersede already existing licensing legislation and contradicts most open source licences.

Regards,

Euan

On 5 November 2015 9:38:01 PM AWST, Luke John <email at lukejohn.me> wrote:
>The final text of the TPP has been officially released
>
>I'd like to request LA to put out an official statement opposing the
>following section.
>
>## Article 14.17: Source Code
>
>1. No Party shall require the transfer of, or access to, source code
>of software owned by a person of another Party, as a condition for the
>import, distribution, sale or use of such software, or of products
>containing such software, in its territory.
>
>2. For the purposes of this Article, software subject to paragraph 1
>is limited to mass-market software or products containing such
>software and does not include software used for critical
>infrastructure.
>
>3. Nothing in this Article shall preclude:
>
>  (a) the inclusion or implementation of terms and conditions related
>to the provision of source code in commercially negotiated contracts;
>or
>
>  (b) a Party from requiring the modification of source code of
>software necessary for that software to comply with laws or
>regulations which are not inconsistent with this Agreement.
>
>4. This Article shall not be construed to affect requirements that
>relate to patent applications or granted patents, including any orders
>made by a judicial authority in relation to patent disputes, subject
>to safeguards against unauthorised disclosure under the law or
>practice of a Party.
>
>Kind Regards,
>Luke
>
>http://www.mfat.govt.nz/Treaties-and-International-Law/01-Treaties-for-which-NZ-is-Depositary/0-Trans-Pacific-Partnership-Text.php
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