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A comment I just sent to the list: "I'm not going to second this request until we get someone slightly more informed to make a comment. I'm pretty sure that t

A comment I just sent to the list: "I'm not going to second this request until we get someone slightly more informed to make a comment. I'm pretty sure that this section does not mean what many people on this list will immediately jump to - I'm inclined to believe that this is about protecting proprietary software vendors from mandatory source code disclosure by states (with the exception of critical infrastructure and regulatory requirements, as it specifies), and will not in any way impact private copyright arrangements such as the GPL. Any legally minded folk care to comment?"

etherealmachine 11y ago
From the text of the TPP: "Party means any State or separate customs territory for which this Agreement is in force;" So that would seem to not include citizens or corporations of the State itself. Edit: This is a good general skill to remember in reading/drafting your own contracts. Capitalized terms usually have a definition in the contract that might be different from what you expect.
- _rpd 11y ago
  > 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. Could it affect the international enforceability of open source licenses?
minot 11y ago
I don't understand TPP at all. The way I understand it, it exists as a way to counter China PR's threat. However, how good is a trade treaty that doesn't include China PR? To me, the very exclusion of China PR makes TPP a non-starter. I know we are supposed to have super massive egos here in the US (and most of us do) but realistically we cannot just try to step around China any more than Europe could create United Nations without involving the US.
- deleted 11y ago
  [deleted]

etherealmachine 11y ago

From the text of the TPP: "Party means any State or separate customs territory for which this Agreement is in force;" So that would seem to not include citizens or corporations of the State itself. Edit: This is a good general skill to remember in reading/drafting your own contracts. Capitalized terms usually have a definition in the contract that might be different from what you expect.

_rpd 11y ago
> 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. Could it affect the international enforceability of open source licenses?

minot 11y ago

I don't understand TPP at all. The way I understand it, it exists as a way to counter China PR's threat. However, how good is a trade treaty that doesn't include China PR? To me, the very exclusion of China PR makes TPP a non-starter. I know we are supposed to have super massive egos here in the US (and most of us do) but realistically we cannot just try to step around China any more than Europe could create United Nations without involving the US.

deleted 11y ago
[deleted]