S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
March 2, 2011
Introduced by Sen. ADAMS -- 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 DEVELOP OR SUPPLY SERVICES, WHILE USING STOLEN OR MISAP-
PROPRIATED COMPUTER SOFTWARE, INCLUDING, BUT NOT LIMITED TO COMPUTER
SOFTWARE THAT DOES NOT HAVE THE NECESSARY LICENSE AGREEMENTS, WHERE ANY
SUCH PRODUCTS OR SERVICES ARE SOLD OR OFFERED FOR SALE IN THIS STATE.
3. (A) THE ATTORNEY GENERAL, OR ANY PERSON WHO IS ADVERSELY AFFECTED
BY REASON OF ANY VIOLATION OF SUCH SUBDIVISION, 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
(B) IN AN ACTION UNDER PARAGRAPH (A) OF THIS SUBDIVISION, A COURT MAY:
(1) INCREASE THE DAMAGES UP TO THREE TIMES THE DAMAGES ALLOWED BY
PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE DEFENDANT HAS BEEN FOUND TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3718 2
HAVE ENGAGED IN A PATTERN AND PRACTICE OF VIOLATING THE PROVISIONS OF
SUBDIVISION TWO OF THIS SECTION; AND
(2) AWARD COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PARTY.
(C) FOR THE PURPOSES OF THIS SECTION, A VIOLATION SHALL BE DEEMED TO
HAVE OCCURRED EACH TIME A PRODUCT OR SERVICE IS SOLD OR OFFERED FOR SALE
IN THIS STATE.
4. NOTHING CONTAINED IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS
OR REMEDIES WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY
GENERAL OR ANY OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER SUBDIVI-
SION THREE OF THIS SECTION, NOR SHALL IT LIMIT THE ENFORCEMENT OF ANY
APPLICABLE PROVISION OF THE PENAL LAW.
S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 3. This act shall take effect on the ninetieth day after it shall
have become a law.