Clause 1

That Bill C-294, in Clause 1, be amended by

(a) replacing line 4 on page 1 with the following:

“1 (1) Subsection 41.12(1) of the Copyright Act is re-”

(b) replacing lines 7 to 21 on page 1 with the following:

“son 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.

(2) Subsections 41.12(4) to (7) of the Act are replaced by the following:

(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.

(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.

(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.

(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.

(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.

(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.”