(C) are primarily designed, produced, adapted or performed for the
purpose of enabling or facilitating the circumvention of effective
technological protection measures.
(2)
In this section, a technological protection measure shall be considered effective
where the use of a work or related right is controlled by the right holder through application of an
access control or protection process such as encryption, scrambling or other transformation of
the work or other subject-matter, or a copy control mechanism which, in the normal course of its
operation, achieves the protection objective.
(3)
Notwithstanding subsection (1), upon the request by the beneficiary of an exception
or limitation in accordance with sections 14, 15, 16, 18, 19, 20 or 21, the right holder shall have
the technological protection measure lifted, to the extent necessary, for the beneficiary to fully
benefit from the exception or limitation, as applicable.
(4)
The provisions of subsection (2) shall not apply to works or other subject matter
made available to the public on agreed contractual terms in such a way that members of the
public may access them from a place and at a time individually chosen by them.
38. � Protection of rights management information
(1) No person shall —
(a) remove or alter any electronic rights management information without the
consent of the right holder; or
(b) distribute, import for distribution, broadcast or communicate to the public of
works or other subject matter protected under this Act from which electronic
copyright management information has been removed or altered without the
authorisation of the right owner when such act will induce, enable, facilitate or
conceal an infringement of any right covered by this Act.
(2)
Subsection (1) shall not prohibit any governmental activities for public policy or