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

[Tennessee Leeuwenburg]

My impression was to address the following hypothetical: "I will only
buy/import your software if you release it as open source". I think it's
about reducing the abilities for parties to pressure people into using an
open source license. I can well imagine being in the shoes of a commercial
company and not wanting to be forced into an arrangement where I had to
release open source code for my carefully constructed IP.

However, I am not a lawyer, so I'm not sure if I have a proper
interpretation, so I was hoping for some more background information to
understand this better.

On 6 November 2015 at 09:05, Russell Stuart <russell-humbug 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.
>
> 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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-- 
--------------------------------------------------
Tennessee Leeuwenburg
http://myownhat.blogspot.com/
"Don't believe everything you think"
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