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From Ted Dunning <ted.dunn...@gmail.com>
Subject Re: [A2k] TPP has provision against forcing open code for software, ​Article 14.17: Source Code
Date Fri, 06 Nov 2015 06:12:07 GMT

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 <luispo@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 <james.love@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" <a2k@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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