[governance] What Intergovernmental Authority Lets You Do

[Seth Johnson]

Correction: I had said this was an anti-GPL.  In fact, it only says
(in effect) that signatory countries can't require device code to be
available -- not that their copyright laws can't enable the GPL.

If it had said their copyright law could not allow that, that would
have done it.  But signatory countries are the Party in question, and
their passing a law of a certain type is all it addresses.  A
statutory requirement to make the code available is disallowed, not
anything that would be the subject of a license like the GPL.

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)
>
> 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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