|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S856
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S856 - Details
- Current Committee:
- Law Section:
- General Business Law
- Laws Affected:
- Add §390-d, Gen Bus L
- Versions Introduced in 2011-2012 Legislative Session:
S856 - Summary
Relates to the illegal use of stolen or misappropriated computer software; includes definitions and penalties.
S856 - Sponsor Memo
BILL NUMBER:S856 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 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 supply 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:
S856 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 856 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PARKER -- 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.
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