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by NickHaflinger 3884 days ago
"These are rules for States. It has no bearing whatsoever on the GPL."

TPP is designed to give commercial entities equivalent rights to nation states. That's what the 'Investor-State Dispute Settlement' provisions refer to. Under these provisions a commercial entity could 'steal' Open Source code, without the requirement to release the source code. In effect rendering licenses such as the GPL unenforceable. At the very least it may cause a dilution and hinder the growth of the Open Source sector. Now I wonder whose interests that that would advance and who helped to write such provisions.

1 comments

That is not what investor-state dispute resolution does. If it was, the GPL would have been broken a long time ago because ISDS has been part of bilateral treaties for decades.

ISDS is intended to provide standing for a company from one country to request relief from the government of another country. Without ISDS, the Vietnamese national government could simply take whatever U.S. property is located in Vietnam, and the U.S. company would have no recourse.