This enactment amends the Copyright Act to allow a person, in certain circumstances, to circumvent a technological protection measure to make a computer program or a device in which it is embedded interoperable with any other computer program, device or component.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Interoperability

41.‍12 (1) Paragraph 41.‍1(1)‍(a) does not apply to a person who circumvents a technological protection measure that protects a lawfully obtained computer program for the purpose of

• (a) obtaining information that would allow the person to make the program or a device in which it is embedded interoperable with any other computer program, device or component; or

• (b) making the program or a device in which it is embedded interoperable with any other computer program, device or component.

Sharing of information

(4) A person referred to in paragraph (1)‍(a) may communicate the information obtained under that paragraph to another person for the purposes of allowing that person to make the computer program or a device in which it is embedded interoperable with any other computer program, device or component.

Limitation — technology

(5) A person to whom the technology, device or component referred to in subsection (3) is provided may use it only for the purpose of making the computer program and any other computer program interoperable.

Limitation — information

(6) A person to whom the information referred to in subsection (4) is communicated may use it only for the purpose of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component.

Non-application

(7) A person is not entitled to benefit from the exceptions under subsection (1) or (6) if, for the purposes of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component, the person does an act that constitutes an infringement of copyright.

Non-application

(8) A person is not entitled to benefit from the exceptions under subsection (2), (3) or (5) if, for the purposes of making the computer program and any other computer program interoperable, the person does an act that constitutes an infringement of copyright.

Non-application

(9) A person is not entitled to benefit from the exception under subsection (4) if, for the purposes of making the computer program or a device in which it is embedded interoperable with any other computer program, device or component, the person does an act that constitutes an infringement of copyright or an act that contravenes any Act of Parliament or any Act of the legislature of a province.