[bestbits] What Intergovernmental Authority Lets You Do

[Seth Johnson]

On Thu, Nov 5, 2015 at 9:26 PM, Seth Johnson <seth.p.johnson at gmail.com> wrote:
> A clean anti-GPL in TPP's Article 14.7, using intergovernmental
> authority untrammeled by the legal traditions we the people(s) have
> established for ourselves.
>
> No using the statutory force of copyright to keep code free; instead
> you may negotiate those terms through commercially negotiated
> contracts.
>
> (from the A2K list)

Fixed URL:

http://www.mfat.govt.nz/downloads/trade-agreement/transpacific/TPP-text/14.%20Electronic%20Commerce%20Chapter.pdf


> 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.