Summary#

This bill changes the Copyright Act to let people bypass digital locks on products for the sole purpose of diagnosis, maintenance, or repair. It updates key definitions and creates a narrow exception to the ban on circumvention. The exception covers both owners and repairers working on their behalf, but it does not protect any act that infringes copyright. It does not require companies to provide parts, tools, or manuals.

• Allows circumvention of technological protection measures (TPMs) only to diagnose, maintain, or repair a product when the protected work (usually software) is part of that product (Bill, Diagnosis, maintenance and repair (1)).
• Clarifies the exception also covers someone doing the circumvention for another person (e.g., a repair shop) (Bill, For greater certainty (2)).
• Removes the protection if the person also commits copyright infringement (e.g., copying or distributing software) (Bill, Non-application (3)).
• Does not change the separate bans on making, selling, or offering circumvention tools or services under other paragraphs of s.41.1(1); the exception applies only to paragraph 41.1(1)(a) (Bill, Diagnosis, maintenance and repair (1)).
• Updates definitions of “circumvent” and “technological protection measure,” but keeps TPMs in place for other uses (Bill, s.41 definitions).

What it means for you#

• Households

  • You and your chosen repair shop can legally bypass a product’s digital lock only to find problems, maintain, or fix it, if the lock controls access to software that is part of the product (Bill, Diagnosis, maintenance and repair (1)).
  • This does not legalize copying, sharing, or modifying software beyond what the law allows. If an infringing act occurs, the repair exception does not apply (Bill, Non-application (3)).
  • The bill does not require manufacturers to provide parts, tools, software keys, or manuals. Warranty and return policies are unchanged by this bill (Bill text contains no such provisions).

• Independent repair shops and technicians

  • You may perform the circumvention for a customer when it is solely for diagnosis, maintenance, or repair (Bill, For greater certainty (2)).
  • The exception shields the act of circumvention under s.41.1(1)(a) only. It does not create an exception to the rules against making, selling, or offering circumvention devices or services under other parts of s.41.1(1) (Bill, Diagnosis, maintenance and repair (1)).
  • You must avoid any act that infringes copyright during the repair process. If infringement occurs, the circumvention exception is lost (Bill, Non-application (3)).

• Manufacturers and distributors

  • You cannot use TPM rules to stop legitimate diagnosis, maintenance, or repair that requires bypassing a lock on embedded software that forms part of the product (Bill, Diagnosis, maintenance and repair (1)).
  • You can still enforce copyright against copying or distribution of software and other works. The bill does not require disclosure of source code, security keys, parts, or manuals (Bill text contains no such provisions).
  • TPMs for content that is not part of a product (e.g., streaming media access) are not covered by this exception (Bill, Diagnosis, maintenance and repair (1)).

Expenses#

Estimated net cost: Data unavailable.

• No direct appropriations, grants, or tax/fee changes are in the bill text (Bill text).
• Any enforcement or court workload impacts are not quantified. Data unavailable.
• No fiscal note identified. Data unavailable.

Proponents' View#

• It enables legal repair of modern products that rely on embedded software, by lifting the TPM ban for repair-only purposes (Bill, Diagnosis, maintenance and repair (1)).
• It covers both owners and third-party repairers, which can increase competition in repair services and reduce wait times (Bill, For greater certainty (2)). Quantified savings are not provided. Data unavailable.
• The exception is narrow and purpose-based, which limits misuse. It applies only when the software is part of the product and does not cover access to stand‑alone content (Bill, Diagnosis, maintenance and repair (1)).
• Copyright protections remain in force; infringing acts are still prohibited. This helps protect software creators while allowing repair (Bill, Non-application (3)).
• The bill does not compel sharing of proprietary information, which reduces risks to trade secrets while still enabling repair (Bill text contains no disclosure mandates).

Opponents' View#

• Security and safety risks could rise if circumvention occurs without manufacturer oversight, even if the purpose is repair. The bill does not set technical standards for safe circumvention. Data unavailable.
• The exception applies only to s.41.1(1)(a). The separate bans on making or supplying circumvention tools still apply, which could create confusion and limit practical access to needed tools (Bill, Diagnosis, maintenance and repair (1)).
• “Product” is not defined in the bill text provided, which may cause uncertainty or litigation about scope (e.g., which devices qualify) (Bill, Diagnosis, maintenance and repair (1)).
• Manufacturers warn that circumvention could enable unauthorized modifications under the guise of repair; although infringing acts remain illegal, monitoring and enforcement may be difficult. Data unavailable.
• The bill does not provide consumer education or compliance guidance, which may lead to uneven implementation and legal risk for small repairers. Data unavailable.