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

David Purdue david at purdue.id.au
Fri Nov 6 11:10:31 AEDT 2015

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.



> 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"
> _______________________________________________
> linux-aus mailing list
> linux-aus at lists.linux.org.au
> http://lists.linux.org.au/mailman/listinfo/linux-aus

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.linux.org.au/pipermail/linux-aus/attachments/20151106/1544b3c3/attachment-0001.html>

More information about the linux-aus mailing list