Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to consumer protection |
May 03, 2011 |
referred to consumer protection |
Senate Bill S5089
2011-2012 Legislative Session
Sponsored By
(R, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-S5089 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §390-d, Gen Bus L
- Versions Introduced in 2013-2014 Legislative Session:
-
S856
2011-S5089 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5089 TITLE OF BILL: An act to amend the general business law, in relation to stolen or misappropriated computer software PURPOSE OF THE BILL: To make it unlawful for a person to develop or or manufacture a product or supply services using stolen or misappropriated software. SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new §390-d to the General Business Law to make it unlawful for a person to develop or manufacture a product or slimly services using stolen or misappropriated software, including software that does not have the necessary license agreements. The Attorney General and third parties adversely affected by reason of a violation of this section, are empowered to enjoin further violation and to recover actual damages, including treble damages upon a showing of a Pattern or practice of violating the provisions of this law. JUSTIFICATION: When businesses, including businesses in foreign countries, use stolen software to make products or supply services that are offered to New York consumers, they gain an unfair competitive advantage over businesses that use legal, properly licensed software. This radically tilts the competitive playing field by
2011-S5089 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5089 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. ALESI -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to stolen or misappropriated computer software THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 390-d to read as follows: S 390-D. ILLEGAL USE OF STOLEN OR MISAPPROPRIATED COMPUTER SOFTWARE; PENALTIES. 1. FOR THE PURPOSES OF THIS SECTION, THE TERM "COMPUTER SOFTWARE" SHALL MEAN AN ORDERED SET OF DATA REPRESENTING CODED INSTRUCTIONS OR STATEMENTS THAT, WHEN EXECUTED BY COMPUTER, CAUSE THE COMPUTER TO PROCESS DATA OR DIRECT THE COMPUTER TO PERFORM ONE OR MORE COMPUTER OPERATIONS, OR BOTH. 2. IT IS UNLAWFUL FOR A PERSON TO DEVELOP OR MANUFACTURE A PRODUCT OR PRODUCTS, OR TO PROVIDE A SERVICE, WHILE USING COMPUTER SOFTWARE THAT SUCH PERSON KNEW, OR SHOULD HAVE KNOWN, WAS STOLEN OR MISAPPROPRIATED, INCLUDING, BUT NOT LIMITED TO COMPUTER SOFTWARE FOR WHICH LEGALLY VALID LICENSE AGREEMENTS DO NOT EXIST, WHERE ANY SUCH PRODUCTS OR SERVICES ARE SOLD OR OFFERED FOR SALE IN THIS STATE. 3. (A) THE ATTORNEY GENERAL, OR ANY PERSON WHO HAS SUFFERED DAMAGE BY REASON OF ANY VIOLATION OF SUBDIVISION TWO OF THIS SECTION, MAY BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUCH SUBDIVISION: (1) TO ENJOIN FURTHER VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION; AND (2) TO RECOVER THE GREATER OF: (A) ACTUAL DAMAGES; OR (B) ONE THOUSAND DOLLARS FOR EACH VIOLATION OF SUBDIVISION TWO OF THIS SECTION. (B) IN AN ACTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A COURT MAY: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04802-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.