The law is far from clear, but some clarity may come as the authors of post-1972 sound recordings begin to exercisetheir termination rights (which I have previously discussed here and here).
All in all, I think protecting a sphere where people can exercisetheir choice making powers is a laudable and important public policy goal, because protecting choice can be a good way to build it, and because sometimes even bad choices are better than none.
"The device was shown to markedly improve patient's quality of life and their functional capacity, and by functional capacity I mean that they were able to exercise longer and they were able to perform more of their activities of daily living, " said lead researcher Dr. William Abraham of the University of Kentucky.