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Re:TPP Threatens Security and Safety by Locking Down US Poli... by vidarh on Saturday December 05, 2015 @05:40AM (#10681514)
> I suspect that software made and sold within a given country would not be subject to this restriction.

Unless it is "software owned by a person of another Party".

Which has the defacto effect of making it impossible to require such provisions domestically because all you'd need to do to circumvent it would be to transfer ownership to a suitable shell company and/or because domestic companies would justifiably be upset at being subject to harsher rules than foreign companies.

Re:TPP Threatens Security and Safety by Locking Down US Poli... by simoncion on Saturday December 05, 2015 @06:29AM (#10681585)
I was hoping that I wasn't going to have to add the "of course, unless the thing that ultimately owned the software was based out of another country" qualifier to that statement.

I guess I should have. :(

> ...domestic companies would justifiably be upset at being subject to harsher rules than foreign companies.

As I read it, nothing in the quoted TPP section precludes software purchasers from making access to source code a requirement of purchase. It prohibits governments from blocking the sale of "foreign-produced" software in their country if the software owner refuses to make the source code available.