senate Bill S856

2013-2014 Legislative Session

Relates to the illegal use of stolen or misappropriated computer software

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S856 - Details

Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
S5089

S856 - Summary

Relates to the illegal use of stolen or misappropriated computer software; includes definitions and penalties.

S856 - Sponsor Memo

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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