TPP (The Trans-Pacific Partnership) 對 GPL 的影響

TPP (The Trans-Pacific Partnership跨太平洋戰略經濟夥伴關係協議) 的黑箱作業在 Wikileaks 揭露後 (TPP Treaty: Intellectual Property Rights Chapter - 5 October 2015) 才被大量解讀,而與預期的一樣,既然會黑箱當然就是見不得人,違反公眾利益的事情。

EFF 有導讀專欄分析,有興趣的可以從這邊下手:「Trans-Pacific Partnership Agreement」。

這邊要講的是 TPP 裡對 GPL 的影響:「TPP has provision banning requirements to transfer of or access to source code of software」。

其中這組條款對原始程式碼 (source code) 的約束直接衝擊 GPL 類強制要求 open source 的約束:

Article 14.17: Source Code

  • 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.
  • 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.
  • 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.
  • 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.
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