A note below these paragraphs records an attempt by NZ, Australian and other negotiators to prevent such a restriction: "NZ/CL/MY/BN/VN [New Zealand, Chile, Malaysia, Brunei and Vietnam] propose; AU/US [Australia and the US] oppose [that] each party may provide for limitations and exceptions to copyrights, related rights, and legal protections for technological protections measures and rights management information included in this Chapter, in accordance with its domestic laws and relevant international treaties that each are party to."

This shows Australia siding with the US in opposition to a proposal by New Zealand and others that domestic law in terms of permitted uses should be respected.

New Zealand's Copyright Act has a number of "permitted use" exceptions, including an exception for "transient reproduction" - the generation of short-lived copies, essential to the operation of the internet; US interests are rumoured to be trying to erode such protection and demand fees be paid to rights owners for such reproduction.

New Zealand also has a hard-fought exception allowing technological protection mechanisms to be circumvented to allow permitted use to be made of a work, or access to be made to a non-copyright work which happens to be on the same physical medium as copyrighted works with a protection mechanism imposed on them all. If the US opinion prevails, the use of this circumvention could be imperilled.

Ironically, US law has an exception for the use of parts of a work to parody or satirise it, which NZ law still lacks.