226EUser’s options if prevented from exercising permitted act by TPM

1. Nothing in this Act prevents any person from using a TPM circumvention device to exercise a permitted act.

2. The user of a TPM work who wishes to exercise a permitted act but cannot practically do so because of a TPM may do either or both of the following:

3. apply to the issuer of the TPM work for assistance enabling the user to exercise the permitted act:
4. engage a qualified person (see section 226D(3)) to exercise the permitted act on the user’s behalf using a TPM circumvention device, but only if the issuer of the TPM work has refused the user’s request for assistance or has failed to respond to it within a reasonable time.

5. Nothing in this Act prevents any person from using a TPM circumvention device to undertake encryption research if that research is a permitted act and if that person—

6. is either—
   1. engaged in a course of study at an educational establishment in the field of encryption technology; or
   2. employed, trained, or experienced in the field of encryption technology; and
7. has either—
   1. obtained permission from the issuer of the TPM work to use a TPM circumvention device for the purpose of the research; or
   2. has taken, or will take, all reasonable steps to obtain that permission.

8. A qualified person who exercises a permitted act on behalf of the user of a TPM work must not charge the user more than a sum consisting of the total of the cost of the provision of the service and a reasonable contribution to the qualified person’s general expenses.