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Posted to legal-discuss@apache.org by Louis Suárez-Potts <lu...@gmail.com> on 2015/11/06 04:39:01 UTC
Fwd: [A2k] TPP has provision against forcing open code for software, Article 14.17: Source Code
FYI
[Note, the list is pubic, afaik Jamie Love is widely recognised for his tireless advocacy of consumer rights, especially in the field of intellectual property. The language of the TPP here is… breathtaking.]
> Begin forwarded message:
>
> From: Jamie Love <ja...@keionline.org>
> Subject: [A2k] TPP has provision against .forcing open code for software, Article 14.17: Source Code
> Date: 05 Nov 2015 at 15:13:04 -0500
> To: "a2k@lists.keionline.org" <a2...@lists.keionline.org>
>
> 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.
> _______________________________________________
> A2k mailing list
> A2k@lists.keionline.org
> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
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Re: [A2k] TPP has provision against forcing open code for software, Article 14.17: Source Code
Posted by Ted Dunning <te...@gmail.com>.
Also, there is a limitation that says that this does not limit the terms of commercially negotiated contracts. The gpl is just such an animal.
Sent from my iPhone
> On Nov 5, 2015, at 19:39, Louis Suárez-Potts <lu...@gmail.com> wrote:
>
> FYI
> [Note, the list is pubic, afaik Jamie Love is widely recognised for his tireless advocacy of consumer rights, especially in the field of intellectual property. The language of the TPP here is… breathtaking.]
>
>> Begin forwarded message:
>>
>> From: Jamie Love <ja...@keionline.org>
>> Subject: [A2k] TPP has provision against .forcing open code for software, Article 14.17: Source Code
>> Date: 05 Nov 2015 at 15:13:04 -0500
>> To: "a2k@lists.keionline.org" <a2...@lists.keionline.org>
>>
>> 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.
>> _______________________________________________
>> A2k mailing list
>> A2k@lists.keionline.org
>> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
>
>
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Re: [A2k] TPP has provision against forcing open code for software, Article 14.17: Source Code
Posted by Ted Dunning <te...@gmail.com>.
Louis,
I think that first article is intended to prevent governments from requiring that software sources be disclosed as a condition to allow importation.
The key language as I read it is "in its territory".
The ASF has no territory. It can't make a condition of sale or use "in its territory". China, on the other hand, does have territory.
Moreover, even if you take a tortured reading that ignores the territorial clause, this would have no impact on ASL licensed software since there is no such requirement. Such a reading might affect gpl software, but that isn't a very plausible reading.
Sent from my iPhone
> On Nov 5, 2015, at 19:39, Louis Suárez-Potts <lu...@gmail.com> wrote:
>
> FYI
> [Note, the list is pubic, afaik Jamie Love is widely recognised for his tireless advocacy of consumer rights, especially in the field of intellectual property. The language of the TPP here is… breathtaking.]
>
>> Begin forwarded message:
>>
>> From: Jamie Love <ja...@keionline.org>
>> Subject: [A2k] TPP has provision against .forcing open code for software, Article 14.17: Source Code
>> Date: 05 Nov 2015 at 15:13:04 -0500
>> To: "a2k@lists.keionline.org" <a2...@lists.keionline.org>
>>
>> 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.
>> _______________________________________________
>> A2k mailing list
>> A2k@lists.keionline.org
>> http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
>
>
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