This looks to me like the sort of apparently insignificant measure the intellectual property brigade have sneaked into an obscure place hoping nobody would notice until it is too late.

From my layman's reading of it, requiring the transfer or access to the source code would not only be unenforceable, but illegal.
From my incomplete research only a few of the worst measures have been removed or put on hold hoping for the USA to rejoin. A few more have been mitigated to a greater or lesser extent, but almost all of the agreement is intact, including the ISDS.

Rod


On Tue, 19 Jun 2018 at 15:14, Lawrence D'Oliveiro <ldo@geek-central.gen.nz> wrote:
Seems like the ���CPTPP��� aka ���TPP-11��� (TPP minus the USA) may not be
entirely free of objectionable provisions. A submission to the
Australian ratification process
<https://www.techdirt.com/articles/20180615/09090440050/open-source-industry-australia-says-zombie-tpp-could-destroy-free-software-licensing.shtml>
has pointed out the following problematic clause:

�� �� 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.

As you may know, such an access requirement is an integral part of
copyleft licences like the GPL. What this clause seems to be saying is
that such a requirement is unenforceable under the TPP.
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