The title is flamebait. The clause in question is: > 1. No Party shall require the transfer of, or access to, source code of software owned by a person of ano

The title is flamebait. The clause in question is: > 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. The worst interpretation of that I can come up with is that it would be against the treaty to require open sourcing software as a condition of import, which is very far from banning it.