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posted by janrinok on Saturday November 07 2015, @05:16AM   Printer-friendly
from the lawyers-rejoice! dept.

The TPP E-Commerce chapter has a provision banning requirements to transfer or provide access to software source code. This applies to "mass market software."

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.

I'm wondering how the GPL fares here, and how much money Microsoft spent lobbying to get this included in the TPP, or if the NSA has a role in this. One aspect of this provision is that governments cannot insist on source code transparency, for mass market software, even to address concerns over security or interoperability.


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  • (Score: 1, Interesting) by Anonymous Coward on Saturday November 07 2015, @06:27AM

    by Anonymous Coward on Saturday November 07 2015, @06:27AM (#259842)

    or more likely it will make it illegal for multinational companies to use GPL software, since using it and not distributing source code will violate the license

    the GPL might be incompatible with the TPP, but the TPP doesn't mean there can be no GPL

    most countries party to the TPP will operate as they always have. only the US where left-wing extremists have taken over the country will suffer

    the TPP is just more anti-competitive bullshit from socialist retards, and markets will simply route around it... and then the socialists will blame capitalism because companies took their business elsewhere

    eventually the socialist house of cards will fall... it always does

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  • (Score: 2) by fido_dogstoyevsky on Saturday November 07 2015, @09:44AM

    by fido_dogstoyevsky (131) <axehandleNO@SPAMgmail.com> on Saturday November 07 2015, @09:44AM (#259890)

    ...GPL software, since using it and not distributing source code will violate the license...

    You don't need to distribute (or offer to distribute) the source code if you use GPL software; you do need to distribute (or offer to distribute) the source code if you distribute GPL software as binary files.

    ...the TPP is just more anti-competitive bullshit from capitalist retards...

    ...is a better description.

    --
    It's NOT a conspiracy... it's a plot.
    • (Score: 0) by Anonymous Coward on Saturday November 07 2015, @10:40AM

      by Anonymous Coward on Saturday November 07 2015, @10:40AM (#259899)

      You don't need to distribute (or offer to distribute) the source code if you use GPL software; you do need to distribute (or offer to distribute) the source code if you distribute GPL software as binary files.

      and...?

      anti-competitive bullshit from capitalist

      oxymoron much, or maybe just plain moron

      • (Score: 2) by fido_dogstoyevsky on Saturday November 07 2015, @12:05PM

        by fido_dogstoyevsky (131) <axehandleNO@SPAMgmail.com> on Saturday November 07 2015, @12:05PM (#259922)

        You don't need to distribute (or offer to distribute) the source code if you use GPL software; you do need to distribute (or offer to distribute) the source code if you distribute GPL software as binary files.

        and...?

        That's how you comply with the GPL.

        anti-competitive bullshit from capitalist

        oxymoron much, or maybe just plain moron

        Neither, it's more of a tautology.

        --
        It's NOT a conspiracy... it's a plot.
      • (Score: 2) by cykros on Saturday November 07 2015, @02:23PM

        by cykros (989) on Saturday November 07 2015, @02:23PM (#259958)

        And...this is the issue with the word capitalist. Some use it to mean laissez-faire, unregulated market places, while others use it to refer to those who hold capital controlling the marketplace by whatever means they have at their disposal, thanks to their possession of capital.

        It shocks me how little this point is brought up, but hopefully it clarifies matters when folks on the left and right are sounding senseless to each other when talking about capitalism. They're usually not actually talking about the same thing in the first place.

        • (Score: 0) by Anonymous Coward on Saturday November 07 2015, @03:11PM

          by Anonymous Coward on Saturday November 07 2015, @03:11PM (#259976)

          Capitalism has nothing to do with markets in any way or form. Capitalism refers to private ownership of the means of production, and literally nothing else.

        • (Score: 2) by Reziac on Sunday November 08 2015, @03:40AM

          by Reziac (2489) on Sunday November 08 2015, @03:40AM (#260231) Homepage

          Look up Yuri Bezmenov's talks on YouTube. Former KGB agent. Very enlightening.

          --
          And there is no Alkibiades to come back and save us from ourselves.
  • (Score: 0) by Anonymous Coward on Saturday November 07 2015, @10:43AM

    by Anonymous Coward on Saturday November 07 2015, @10:43AM (#259900)

    Probably the best post I've seen on soylent in a while. Prepare to get flamed, but good for you!

  • (Score: 0) by Anonymous Coward on Saturday November 07 2015, @03:09PM

    by Anonymous Coward on Saturday November 07 2015, @03:09PM (#259975)

    only the US where left-wing extremists have taken over

    Bahahahahahhahahahahaha, that's hilarious. Exactly how many decades ago did you lose touch with reality?

  • (Score: 0) by Anonymous Coward on Saturday November 07 2015, @04:17PM

    by Anonymous Coward on Saturday November 07 2015, @04:17PM (#260005)

    if you really think TPP is the work of socialist you are stupid and ignorant, go away

    • (Score: 2) by HiThere on Saturday November 07 2015, @07:00PM

      by HiThere (866) Subscriber Badge on Saturday November 07 2015, @07:00PM (#260056) Journal

      Perhaps by socialist he means companies supported by the government. That was the only way I could make sense out of the post.

      --
      Javascript is what you use to allow unknown third parties to run software you have no idea about on your computer.