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

[Cameron Simpson]

On 06Nov2015 08:21, Russell Stuart <russell-linuxaus at stuart.id.au> wrote:
>On Fri, 2015-11-06 at 08:14 +1100, Mark Walkom wrote:
>> I'll second this.
>
>I'm struggling to think of for purpose for that clause, other that as
>direct attack on the copy left licences.

Are you? I'm not. Firstly, it in NO WAY affects GPL stuff. What it precludes is 
one government (call them "A") requiring access to source code developed/owned 
under another government ("B") as a condition of offering that software for 
sale in the territory of the first government ("A"). For example, it _does_ 
preclude this:

  http://spectrum.ieee.org/tech-talk/telecom/security/chinas-new-rules-ask-tech-firms-to-hand-over-source-code

even though the scope of that is small (code to run in Chinese banks, 
presently).

Frankly, I suspect that this clause might exist explicitly for that kind of 
thing. I also think that all China has to do to adhere is declare that banks 
are critical infrastructure (and in a system like China's, they can; it isn't 
even unreasonable).

>If every these was a time for LA to make a strong public stance on an
>issue, this is it.

No, this isn't. Because it doesn't say what you seem to imagine it says.

IANAL,
Cameron Simpson <cs at zip.com.au>

>> On 6 November 2015 at 00:38, 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