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

Tennessee Leeuwenburg tleeuwenburg at gmail.com
Fri Nov 6 09:10:17 AEDT 2015

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
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Tennessee Leeuwenburg
"Don't believe everything you think"
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