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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.
(Score: 4, Insightful) by Adamsjas on Saturday November 07 2015, @07:12AM
For example, if the Australian government were to block the use of a radiation therapy machine that the TGA could not verify due to this TPP limitation, would the US based manufacture be able to sue them for access to the market?
Read past the first paragraph, all the way to the second paragraph, where you find this:
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.
Pretty sure that covers all your objections.
(Score: 2) by caffeine on Saturday November 07 2015, @07:35AM
Critical infrastructure seems fairly hazy. Does that include the software to run a router? The operating system used by government employees? The email client used in the military? The control systems for the new F35?
My example was the software in a machine used for radiation therapy. I'd imagine that would not be critical infrastructure but may not be covered as not being mass market. That is another hazy term.
(Score: 1, Interesting) by Anonymous Coward on Saturday November 07 2015, @07:45AM
What if some governments want to ban some proprietary software for some mass market applications? No proprietary software can be trusted.
(Score: 2) by frojack on Saturday November 07 2015, @08:47AM
Nothing in the quoted section of the TPP addresses bans. We have nothing to go on for that question.
No, you are mistaken. I've always had this sig.
(Score: 0) by Anonymous Coward on Saturday November 07 2015, @10:10AM
One way to alleviate the problem would be to force companies to surrender the source code in some cases. Others would be to simply not use specific software. But it seems the former solution would be disallowed in this case.