Summary#

This bill changes the Copyright Act to let people bypass a digital lock (a “technological protection measure,” or TPM) on a computer program they lawfully obtained so they can make it work with other programs, devices, or parts. It also allows sharing the information needed for interoperability, but only for that purpose. The bill does not allow copyright infringement or breaking other laws.

• Lets a person circumvent a TPM on a lawfully obtained program to get information for interoperability (Bill s. 41.12(1)(a)).
• Lets a person circumvent a TPM to actually make the program or the device it is embedded in interoperate with other programs, devices, or components (Bill s. 41.12(1)(b)).
• Allows sharing of interoperability information with another person, limited to that purpose (Bill s. 41.12(4), (6)).
• Limits the use of tools and information to interoperability only (Bill s. 41.12(5)–(6)).
• Removes the exception if the act involves copyright infringement or breaks other federal or provincial laws (Bill s. 41.12(7)–(9)).

What it means for you#

• Households and individuals

  • You may legally bypass a TPM on software you lawfully obtained to make it work with other software, devices, or parts, including when the software is inside a device you own (Bill s. 41.12(1)).
  • You can receive interoperability information from someone else, and use it only to make your program or device interoperate with other programs, devices, or components (Bill s. 41.12(4), (6)).
  • You do not have legal cover if your actions also infringe copyright or break another law (Bill s. 41.12(7), (9)).

• Repair technicians and small shops

  • You can develop and use methods, tools, or information to enable interoperability, but only for that purpose (Bill s. 41.12(3)–(6); purpose limits in (5)–(6)).
  • Clients may give or receive interoperability information, and you may use it to help them, but only within the interoperability purpose and without infringing copyright or other laws (Bill s. 41.12(4), (6)–(9)).

• Software and device makers

  • Customers and third parties gain clearer legal rights to bypass TPMs for interoperability of programs and devices, including embedded software (Bill s. 41.12(1)).
  • You retain copyright enforcement; the exception does not apply where interoperability steps also infringe copyright (Bill s. 41.12(7)–(8)).
  • Tools and information shared for interoperability must be used only for that purpose; broader use remains restricted (Bill s. 41.12(5)–(6)).

• Farmers, equipment owners, and other users of embedded software

  • If you lawfully obtained the software in your device, you may bypass TPMs to make that device or its software interoperate with other programs, devices, or parts, within the law’s limits (Bill s. 41.12(1), (7)–(9)).

• Public entities and institutions

  • Staff and vendors may rely on the interoperability exception to integrate systems, so long as they stay within the purpose limits and do not infringe copyright or other statutes (Bill s. 41.12(1), (5)–(9)).

Expenses#

Estimated net cost: Data unavailable.

• The bill contains no appropriations, taxes, or fees in its text (Bill text).
• No official fiscal note identified. Data unavailable.
• Any enforcement or administrative costs are not specified. Data unavailable.

Proponents' View#

• Improves consumer choice and competition by allowing users and developers to make programs and devices work together, reducing lock‑in to a single provider (Bill s. 41.12(1), (4)).
• Supports repair and maintenance by permitting lawful circumvention of TPMs on embedded software solely to achieve interoperability, including with third‑party parts or tools (Bill s. 41.12(1)(b), (5)–(6)).
• Preserves copyright through guardrails: the exception vanishes if any step infringes copyright, adding a clear boundary between interoperability and piracy (Bill s. 41.12(7)–(8)).
• Enables knowledge sharing for interoperability while keeping it purpose‑bound, allowing practical collaboration without broad distribution of circumvention methods (Bill s. 41.12(4)–(6)).
• Extends existing interoperability rights to devices with embedded software, reflecting modern, connected products across many sectors (Bill s. 41.12(1)(a)–(b)).

Opponents' View#

• Risk of misuse: expanding lawful TPM circumvention and information sharing could be abused beyond interoperability, and intent may be hard to police despite purpose limits (Bill s. 41.12(5)–(6)).
• Security and safety concerns: enabling third‑party interactions with embedded software may increase risks if changes are not properly vetted; the bill does not set technical standards or certifications. Data unavailable.
• Legal uncertainty: terms like “lawfully obtained” and the scope of “interoperable” may be contested, creating compliance and litigation risk until clarified by guidance or courts. Data unavailable.
• Enforcement complexity: determining when interoperability efforts cross into copyright infringement or breach other laws may burden rights holders and users, even with the non‑application clauses (Bill s. 41.12(7)–(9)).