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

[David Purdue]

On Fri, 6 Nov 2015 10:27, Luke John wrote:
> Hopefully someone will be able to give a more expert opinion, however
> even on a conservative reading this section appears to have at least
> the following two outcomes.
>
> Governments are unable to set open source as a procurement requirement.

No, I don't think clause 1 says that.

It says that if you make mass-market software and want to sell it in my 
territory then I can not require you to disclose the source code.

It does not prevent me mandating that for a 
project/department/government I will only select open source software.

In other words - if you want to sell closed source software in my 
territory then good luck to you, but I don't have to buy it.

>
> Governments are unable to require certain software be open to
> inspection by public or government.

Clause 2 says exactly the opposite - if the software is not mass market 
(i.e. you wrote it just for me), or if it is used for critical 
infrastructure, them the government can mandate access to source code.


Cheers,

DavidP

>
> Whilst the second isn't something I understand to be a current
> practice, it is certainly something that has been called for by parts
> of our community.  With the recent VW scandal it has also attracted
> the wider publics attention and there's been encouraging discussion of
> it.
>
> Kind Regards,
> Luke John
>
> On Fri, Nov 6, 2015 at 6:10 AM, Tennessee Leeuwenburg
> <tleeuwenburg at gmail.com> wrote:
>> I'm not sure that a face-value reading actually tells us what is going on
>> here. My reading of point one is that it doesn't actually refer to
>> open-source software, but rather to protecting proprietary closed-source
>> software. Is anyone on this list able to give a more expert overview of what
>> these clauses mean?
>>
>> 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
>>> _______________________________________________
>>> linux-aus mailing list
>>> linux-aus at lists.linux.org.au
>>> http://lists.linux.org.au/mailman/listinfo/linux-aus
>>
>>
>>
>> --
>> --------------------------------------------------
>> Tennessee Leeuwenburg
>> http://myownhat.blogspot.com/
>> "Don't believe everything you think"
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