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Assembly Bill A3915A

2011-2012 Legislative Session

Relates to the illegal use of stolen or misappropriated information technology

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A3915 - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A11395

2011-A3915 - Summary

Relates to the illegal use of stolen or misappropriated information technology; includes definitions and penalties.

2011-A3915 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3915

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced  by M. of A. JEFFRIES, BROOK-KRASNY, BURLING, COLTON, GABRYS-
  ZAK, HOOPER, SCHIMMINGER -- read once and referred to the Committee on
  Economic Development

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
              

co-Sponsors

multi-Sponsors

2011-A3915A (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A11395

2011-A3915A (ACTIVE) - Summary

Relates to the illegal use of stolen or misappropriated information technology; includes definitions and penalties.

2011-A3915A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3915--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced  by M. of A. JEFFRIES, BROOK-KRASNY, BURLING, COLTON, GABRYS-
  ZAK, HOOPER, SCHIMMINGER -- Multi-Sponsored by -- M. of  A.  P. RIVERA
  --  read once and referred to the Committee on Economic Development --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  general  business law, in relation to stolen or
  misappropriated information technology

  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 INFORMATION TECHNOL-
OGY.  1.  DEFINITIONS.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ARTICLE OR PRODUCT" MEANS ANY TANGIBLE ARTICLE  OR  PRODUCT,  BUT
DOES  NOT INCLUDE: ANY SERVICES SOLD, OFFERED FOR SALE OR MADE AVAILABLE
IN THIS STATE, INCLUDING FREE SERVICES AND ONLINE SERVICES; ANY  PRODUCT
SUBJECT  TO REGULATION BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION
AND THAT IS PRIMARILY USED FOR MEDICAL OR MEDICINAL PURPOSES;  FOOD  AND
BEVERAGES; OR RESTAURANT SERVICES.
  (B) "COPYRIGHTABLE END PRODUCT" MEANS A WORK WITHIN THE SUBJECT MATTER
OF  COPYRIGHT  AS  SPECIFIED  IN  SECTION 102 OF TITLE 17, UNITED STATES
CODE, AND WHICH FOR THE PURPOSES OF THIS  SECTION  INCLUDES  MASK  WORKS
PROTECTION AS SPECIFIED IN SECTION 902 OF TITLE 17, UNITED STATES CODE.
  (C)  "ESSENTIAL  COMPONENT" MEANS A COMPONENT OF AN ARTICLE OR PRODUCT
PROVIDED OR TO BE PROVIDED TO A THIRD  PARTY  PURSUANT  TO  A  CONTRACT,
INCLUDING  A  PURCHASE ORDER, WITHOUT WHICH SUCH ARTICLE OR PRODUCT WILL
NOT PERFORM AS INTENDED AND FOR WHICH THERE IS NO  SUBSTITUTE  COMPONENT
AVAILABLE  THAT OFFERS A COMPARABLE RANGE AND QUALITY OF FUNCTIONALITIES
AND IS AVAILABLE IN COMPARABLE QUANTITIES AND AT A COMPARABLE PRICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04802-02-1

              

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