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

Russell Stuart russell-linuxaus at stuart.id.au
Fri Nov 6 09:21:16 AEDT 2015

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.

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

> 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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