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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: 2) by maxwell demon on Saturday November 07 2015, @11:57AM
Of course they can decide to use Linux, just as they can decide to switch from Microsoft to Apple. Even if the clause would forbid them to say it's because of Open Source (I don't think it does, but I'm not a law/contract language expert), that would just mean they have to frame it indirectly.
For example, at present every Microsoft product would be easily ruled out by demanding good Posix support. Posix is a standard not at all related to Open Source, therefore it's a requirement that would not be ruled out by TPP. Add the requirement that it has to run on standard PC hardware, and as far as I can tell, only OSS qualifies.
The Tao of math: The numbers you can count are not the real numbers.
(Score: 2) by frojack on Sunday November 08 2015, @04:12AM
Posix would rule out almost all Linux distros these days because of systemd.
-----[running and ducking]--- ;-)
No, you are mistaken. I've always had this sig.