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

Luke John email at lukejohn.me
Fri Nov 6 00:38:01 AEDT 2015

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

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;

  (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,


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