If a country wants to do this with domestic software produced by a domestic business, which other country that is a party to this treaty is going to have standing to bring litigation?
It doesn't really make sense to do that with domestic software and to give imported software a free pass.
> which other country that is a party to this treaty is going to have standing to bring litigation
Why does it need to be a country? The domestic software maker whom the government forces to do something that is not allowed under the treaty should have standing.
For example, there's Russia-Canada income tax treaty. If one of those countries wants to hose me in a way that is contrary to that treaty, I should be able to use it to defend myself. I assume it would work the same way with TPP, but obviously IANAL.
Yes but what is applicable are domestic laws that can differ from country to country. What really would not make sense would be for an international treaty to restrict what a country can do with its own software in that country.
> Why does it need to be a country? The domestic software maker whom the government forces to do something that is not allowed under the treaty should have standing.
Because the parties in this agreement are countries - and the terms in the treaty provide remedies for businesses and individuals who are infringed by another country that is a party to the treaty. You are not a party to this treaty with your own government.
That's why people are concerned about the TPP, it appears to do exactly that. Not just in case of source code audits, but in general TPP seems to limit a country's ability to pass new legislation pretty significantly, including in areas that are not related to global trade (e.g. IP).
I sure hope the TPP isn't as bad as it seems.