TPP On Source Code

An alert from James Love of KEIonline.org, TPP language made visible by NZ, and it’s not good, especially as it 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.

http://goo.gl/synvNb