The inclusion of a right to circumvent in the event that the TPM breaks or becomes obsolete is relatively uncontroversial. The U.S. Registrar of Copyrights has included a specific exception for this situation since 2000 and the Australian Parliamentary Review Committee recommended the inclusion of such an exception this year. The exception reflects the recognition that the continual evolution of technology places the investment that consumers make in entertainment and software products 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 who seek to circumvent techologies that are no longer supported and thus create a significant barrier to access to their own property.
The current DVD market provides a good illustration of the potential problem.