1. Who decides when a piece of software has an “error”, or a product needs “repairing”? The provider? The consumer? The consumer watchdog? The courts? I’m betting it’ll end up being the courts, and a whole lot of money and time will be wasted, over and over and over and over and over.

2. When is a TPM or DRM considered lost or orphaned? This seems simple enough, but remember there are people out there who own the copyright of products made by companies that have long gone. There are IP trolls, don’t you think there will be TPM or DRM trolls also? I’m sure there will be, and i’m sure they’ll wait until a DRM provider goes under, quietly buy the rights to that DRM, wait again until consumers circumvent the DRM to retain access to the content and then launch legal proceedings against all of them simply to make a quick buck or billion.

3. There are already malware-for-profit authors who encrypt peoples data and then blackmail them for the decryption key. How much easier is this going to be using DRM and TPM’s? Especially if they sneak the info that your pc will be DRM’ed and TPM’ed (or even Re-DRM’ed and Re-TPM’ed) into the EULA of the “free download!” and you have to try and fight that EULA in the courts to get your content back.

What happens when the original provider of some DRM’ed content learns that you “allowed” their content to be Re-DRM’ed without their permission? Oz law doesn’t allow ignorance of the law as a valid legal defence, i’m not sure that being ignorant of what that “free download!” was really going to do would be considered a valid legal defence either.

So essentially this legislation is going to have all kinds of “interesting” implications and outcomes, and none of them will be what the Oz govt or the bigbiz lobbyists have intended. The courts and lawyers are gonna have their hands full for an awful long time too. So if you live in Oz and your kids are trying to decide on a career, advise them to become lawyers. They’ll never be out of work.