[snowwrestler]

It's worth pointing out that legal language almost always permits more than one interpretation, which is why disputes are adjudicated by humans in (hopefully) impartial courts, under processes that permit the parties to provide testimony and evidence to support one or the other interpretation.

So, just because a piece of legal language can be interpretted a certain way, that does not mean it is likely to prevail in court. In this sort of case, I'd be surprised if any TPP negotiator or representative, or any documentation from the TPP process, will indicate that this language was intended to break the GPL and open source in general.