[governance] What Intergovernmental Authority Lets You Do

[Seth Johnson]

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)

http://www.mfat.govt.nz/…/14.%20Electronic%20Commerce%20Cha…

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.

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