Reform Proposals

Because of its numerous flaws, several proposals have been made to alter section 1201. Some, including Public Knowledge have proposed that section 1201 be amended to allow circumvention of TPMs and the manufacturing and distribution of circumvention tools where these would facilitate lawful uses. In addition, these proponents have suggested that copyright owners should be required to provide a notice to users about any technological or contractual limitations on their ability to make fair and lawful uses of their products. This would allow a consumer to decide whether or not to purchase the product with full knowledge of its limitations. Failure to notify should be considered a defective or unfair trade practice and should serve as a defense against a claim under section 1201. Also, failure to notify should invalidate any licensing restriction.