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

  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.