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TPP banning requirements to transfer or access to source code of software

keionline.org

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Re: TPP banning requirements to transfer or access to source code of software

#151
Doesn't this prevent Nevada and anyone else from demanding source code for slot machines and other gambling machines, to audit it for backdoors and other flaws? The last I heard, they're not even allowed to use off-the-shelf video drivers. Every line of code has to be (theoretically, anyway) audited by gaming authorities.

I suppose those are usually delivered under a "negotiated contract."

Re: TPP banning requirements to transfer or access to source code of software

#152
Software that is critical for public safety (and it is a lot) should be required to be one file as part of the product certification. If you have coded a safety interlock in software, that software should be viewable by the public. Toyota should have been required to submit their source with NHTSA.

Re: TPP banning requirements to transfer or access to source code of software

#153
post #9

Earlier quoted context omitted.

Wasn't there some notion of an international TPP court that could dispute nations' decisions?

Volkswagon could sue for their expected future profits. A private arbitration court where the judges are corporate lawyers will decide if the court of a sovereign nation is somehow inhibiting VW's future possible profit. The health and safety of the citizens will not be considered. The TPP is a government signing away its sovereignty and duty to protect its citizens, for both will take second place to expected future…

So it makes all governments that sign it banana republics of the corporations? If I get to work for Tyrell Corp, I am in!

Re: TPP banning requirements to transfer or access to source code of software

#154

Doesn't this prevent Nevada and anyone else from demanding source code for slot machines and other gambling machines, to audit it for backdoors and other flaws? The last I heard, they're not even allowed to use off-the-shelf video drivers. Every line of code has to be (theoretically, anyway) audited by gaming authorities. I suppose those are usually delivered under a "negotiated contract."

Too bad this isn't actually done for voting machines and ECUs.

Re: TPP banning requirements to transfer or access to source code of software

#155

Earlier quoted context omitted.

I am not a lawyer and I'm trying to wrap my head around this. For me the main issue (with respect to the GPL) is that the GPL does not compel you to distribute source code. It is simply a condition of the the granting of the license. The GPL is quite specific about it. It states that you do not have to accept the license. However, if you do not accept the license, there is nothing that will allow you to distribute th…

"You can't distribute it anywhere (under international copyright law)." True. There are two problems. First, this violation is remedied by an action. Normally, that action for an order to comply with the license (not just "stop using it and pay damages"). There is a question whether a court would legally be able to order such a thing anymore. B. As you have identified, "Is that not what is meant by a commercially neg…

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Re: TPP banning requirements to transfer or access to source code of software

#156
post #58

Earlier quoted context omitted.

So, as an actual lawyer i actually think i disagree with you in practice. Imagine for a second that the US gets tough on GPL violators, and says "well, if you want to sell android devices in the US, you have to produce the GPL source code". Or something even simpler, along the lines of "products marketed in the US must comply with all licensing obligations of software that it contains". This one actually happens behi…

Danny, In your opinion how does this affect the ability of governments to pass laws requiring them to use only free and open source software? I think this is incredibly important not only for software freedom but for a properly functioning free society in general (think of voting, financial accounting and digital currencies, etc). Would such use be considered "critical infrastructure" or does this provision preclude…

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Re: TPP banning requirements to transfer or access to source code of software

#157
post #20

Earlier quoted context omitted.

> It also helps to prevent States from demanding and acquiring encryption or other private keys boom, encryption done wrong!! Look at PGP, source code is open. Nobody can crack it yet. But DO we know if Apple is really on "our" side or are they just marketing it? Well, if our governments could see into the code. They could tell us. And if you tell me. Well there could be some people working for the government that co…

> Well, if our governments could see into the code. They could tell us. They could but they never would.

The US government wouldn't, but wouldn't it only take one? Iceland might do it.

Re: TPP banning requirements to transfer or access to source code of software

#158
post #64

Earlier quoted context omitted.

To quote Obama: > The TPP means that America will write the rules of the road in the 21st century. http://in.reuters.com/article/2015/11/05/trade-tpp-idINKCN0S... It very much sounds like they’re treating the rest of the world as colonies.

Not colonies, markets. The connotations of your word choice seem solely intended to make emotional connections that the reality does not support.

No, colonies and indentured servants are a better description at the level of control, power, and military that supports it:

http://www.projectcensored.org/the-global-1-exposing-the-tra...

It's been going on a long time. General Butler, who got Medal of Honor twice & led many wars, straight up said in his confession (War is a Racket) they hit countries to enforce American capitalism while pretending it was about liberty, etc. I can also direct you to some resources covering how much people in Iraq and Afghanistan appreciate how America doesn't do imperialism any more. Oh, wait, I don't know any...

http://www.ratical.org/ratville/CAH/warisaracket.html

Re: TPP banning requirements to transfer or access to source code of software

#159
post #101
post #95

Earlier quoted context omitted.

If the TPP is ratified, would it be worth updating the GPL to say "You agree that this is a commercially negotiated contract"?

The FSF says that GPL is not a contract [1] [2] [3]. [1] http://www.gnu.org/licenses/200104_seminar.html [2] http://www.gnu.org/philosophy/enforcing-gpl.html [3] https://www.fsf.org/news/wallace-vs-fsf

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Re: TPP banning requirements to transfer or access to source code of software

#160
post #4

These are rules for States. It has no bearing whatsoever on the GPL. This prevents a country from forcing somebody like Microsoft or Apple to give up their source code for "inspection" in order to access their market. It also helps to prevent States from demanding and acquiring encryption or other private keys (there's a separate section that also explicitly forbids mandating backdoors be added). Not everything in th…

So, as an actual lawyer i actually think i disagree with you in practice. Imagine for a second that the US gets tough on GPL violators, and says "well, if you want to sell android devices in the US, you have to produce the GPL source code". Or something even simpler, along the lines of "products marketed in the US must comply with all licensing obligations of software that it contains". This one actually happens behi…

The US could not, under the TPP say "well, if you want to sell android devices in the US, you have to produce the GPL source code".

But that's unrelated to today's GPL situation, because the way the GPL works today is: "I as a copyright holder sue you for copyright infringement because you don't have my permission to my work… by the way, I'll give you permission if you follow these license terms…"

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