The inclusion of a right to circumvent in the event that the TPM breaks or becomes obsolete should be relatively uncontroversial. The U.S. Registrar of Copyrights has included a specific exception that addresses this situation since 2000. The exception reflects the recognition that the continual evolution of technology places the investment that consumers make in entertainment and software products or that libraries make in materials at risk in the event that a TPM ceases to function or becomes obsolete. While products do not come with a guarantee to function forever, the law should not impair consumers and libraries that seek to circumvent techologies that are no longer supported and thus create a significant barrier to access to their property.
Despite the obvious, recognized need for such an exception, Bill C-61 does not address the issue. There is an limited exception for software interoperability, but that provision does not come close address the concerns associated with obsolete or broken TPMs. Given the frequent changes in technology, it is a question of when, not if, technologies become obsolete. The Canadian DMCA must anticipate these technological changes by providing a right of circumvention due to obsolete or malfunctioning TPMs.