Their analysis looks to me to be directed at a different issue: the question of whether TPP outlaws free and open source software, period. I agree with them that it doesn't; but that's not what the EFF is worried about. They're worried about the fact that, under TPP, the US government will have no way to force vendors of components like routers to reveal their source code to anyone--even government regulators. The SFLC analysis does not appear to me to address that issue.