NY State Senate Bill 2021-S2890B

Senate Bill S2890B

Vetoed By Governor

2021-2022 Legislative Session

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms

download bill text pdf

Archive: Last Bill Status Via A5837 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2021	tabled vetoed memo.72
Dec 17, 2021	delivered to governor
Jun 10, 2021	returned to assembly passed senate 3rd reading cal.1760 substituted for s2890b
Jun 10, 2021	substituted by a5837b ordered to third reading cal.1760 committee discharged and committed to rules
May 20, 2021	print number 2890b
May 20, 2021	amend and recommit to consumer protection
May 10, 2021	print number 2890a
May 10, 2021	amend and recommit to consumer protection
Jan 26, 2021	referred to consumer protection

Votes

- Jun 10, 2021 - Floor Vote
  A5837
  
  62
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 10, 2021
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Borrello
  Jun 10, 2021 - Rules Committee Vote
  S2890B
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 10, 2021
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Ritchie
      
      Savino
      
      Stewart-Cousins
      
      aye wr (1)
      
      Ortt

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

2021-S2890 - Details

See Assembly Version of this Bill:: A5837
Law Section:: General Business Law
Laws Affected:: Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S7576

2021-S2890 - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-S2890 - Sponsor Memo

                                
 
BILL NUMBER: S2890

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
publishers to offer licenses for electronic books to libraries under
reasonable terms

 
PURPOSE:

To make e-books equally accessible to public libraries in the state on
reasonable terms.

 
SUMMARY OF PROVISIONS:

This bill amends the general business law by adding a new section 349-g
that requires publishers to offer electronic books to public libraries
under reasonable terms. Subsection one establishes definitions for elec-
tronic books and publishers. Subsection two requires publishers to offer
e-books to libraries on reasonable terms that permit libraries to

provide patrons with access to said books.  Subsection three defines
what shall and shall not constitute reasonable terms for e-book licen-
sure. Subsection four deems violations of this section as deceptive
practices with applicable remedies. Section 2 sets the effective date.

 
JUSTIFICATION:

Public libraries provide equitable access to information for all. Many
New Yorkers prefer digital content and libraries provide this content as
a benefit to their communities. E-books are particularly useful for
senior citizens, people with disabilities, and others who may find
digital content more accessible and manageable than paper books.  As the
market for e-books has developed and matured, publishers and libraries
have worked to develop equitable models to ensure access to library
patrons. Many of these practices are widely accepted and help ensure
libraries are able to provide access.

As markets continue to grow, however, some publishers are introducing
practices that significantly interfere with libraries' ability to
continue to provide their patrons with equitable access. in particular,
there are e-book embargoes in place that restrict the timely availabili-
ty of e-books to public libraries. These embargoes place an unfair
burden on public library systems that are forced to wait eight weeks to
purchase more than one license for a title. Such embargos undermine the
democratic and educational function of library systems.

This discriminatory practice will restrict access in ways that harm
library systems and those they serve. Many library patrons are lower
income or face barriers to other means of information access. These new
licensing restrictions means patrons may be forced to wait much longer
to borrow books, as only one title is made available per library system.
Additionally, these restrictions will financially burden library systems
that will have to purchase more titles to keep up with demand following
the two-month embargo.  Finally, it significantly restricts access to
titles for New Yorkers who find digital content more accessible than
paper books.


This bill establishes in statute what constitutes reasonable and unrea-
sonable standards for e-book licensing to New York's public libraries.
It requires publishers who offer to license e-books to the public shall
offer such books to libraries on said reasonable terms.  In doing so, it
ensures that widely accepted and effective industry practices remain in
place while prohibiting harmful practices that discriminate against
libraries and harm library patrons.

 
LEGISLATIVE HISTORY:

S7576 (May) Referred to consumer protection / A9881 (Ryan) Referred to
consumer affairs and protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S2890 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2890
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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  requiring
   publishers  to  offer licenses for electronic books to libraries under
   reasonable terms

   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
 349-g to read as follows:
   §  349-G.  ELECTRONIC  BOOK  LICENSES.  1.  FOR  THE  PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC BOOK" MEANS A TEXT DOCUMENT THAT  HAS  BEEN  CONVERTED
 INTO  OR  PUBLISHED  IN  A  DIGITAL  FORMAT  THAT IS READ ON A COMPUTER,
 TABLET, SMART PHONE, OR ELECTRONIC DEVICE; AND
   (B) "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE, PROMULGA-
 TION, AND SALE OF BOOKS, JOURNALS, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING THOSE IN DIGITAL FORM CONSISTING OF TEXT, IMAGERY OR BOTH.
   2. ANY PUBLISHER WHO OFFERS TO LICENSE ELECTRONIC BOOKS TO THE  PUBLIC
 SHALL  OFFER  TO LICENSE SUCH BOOKS TO LIBRARIES IN THE STATE ON REASON-
 ABLE TERMS THAT WOULD PERMIT THE LIBRARIES TO PROVIDE THEIR  USERS  WITH
 ACCESS TO SUCH ELECTRONIC BOOKS.
   3. (A) SUCH REASONABLE TERMS SHALL INCLUDE:
   (I)  A  LIMITATION  ON  THE  NUMBER OF USERS TO WHOM THE LIBRARIES MAY
 SIMULTANEOUSLY PROVIDE ACCESS TO THE ELECTRONIC BOOKS;
   (II) A LIMITATION ON THE NUMBER OF DAYS THE LIBRARIES  MAY  PROVIDE  A
 USER WITH ACCESS TO THE ELECTRONIC BOOKS; AND
   (III)  THE USE OF TECHNOLOGICAL PROTECTION MEASURES THAT WOULD PREVENT
 A USER FROM (A) MAINTAINING ACCESS TO THE ELECTRONIC  BOOKS  BEYOND  THE
 ACCESS  PERIOD  SET  FORTH IN THE LICENSE, AND (B) PROVIDING OTHER USERS
 WITH ACCESS TO THE ELECTRONIC BOOKS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04861-02-1

 S. 2890                             2
 
   (B) SUCH REASONABLE TERMS SHALL NOT INCLUDE A LIMITATION ON THE NUMBER
 OF LICENSES FOR ELECTRONIC BOOKS LIBRARIES MAY PURCHASE AT THE SAME DATE
 AVAILABLE TO THE PUBLIC.
   4.  A  VIOLATION  OF THIS SECTION SHALL BE DEEMED A DECEPTIVE PRACTICE
 WITHIN THE MEANING OF SECTION THREE HUNDRED FORTY-NINE OF THIS  ARTICLE,
 AND  ANY REMEDY PROVIDED PURSUANT TO THIS ARTICLE SHALL BE AVAILABLE FOR
 THE ENFORCEMENT OF THIS SECTION.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2021-S2890A - Details

See Assembly Version of this Bill:: A5837
Law Section:: General Business Law
Laws Affected:: Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S7576

2021-S2890A - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-S2890A - Sponsor Memo

                                 
BILL NUMBER: S2890A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
publishers to offer licenses for electronic books to libraries under
reasonable terms

 
PURPOSE:

To make e-books equally accessible to public libraries in the state on
reasonable terms.

 
SUMMARY OF PROVISIONS:

This bill amends the general business law by adding a new section 349-g
that requires publishers to offer electronic books to public libraries
under reasonable terms. Subsection one establishes definitions for elec-
tronic books and publishers. Subsection two requires publishers to offer
e-books to libraries on reasonable terms that permit libraries to
provide patrons with access to said books.  Subsection three defines

what shall and shall not constitute reasonable terms for e-book licen-
sure. Subsection four lays out penalties for violations. Section 2 sets
the effective date.

*The A-print removes the deceptive acts and practices violation and
replaces it with specific penalty provisions. In addition, the effective
date is amended to specify that the provisions of this bill only apply
to contracts entered into, renewed, modified, or amended on or after
such effective date.

 
JUSTIFICATION:

Public libraries provide equitable access to information for all. Many
New Yorkers prefer digital content and libraries provide this content as
a benefit to their communities. E-books are particularly useful for
senior citizens, people with disabilities, and others who may find
digital content more accessible and manageable than paper books.  As the
market for e-books has developed and matured, publishers and libraries
have worked to develop equitable models to ensure access to library
patrons. Many of these practices are widely accepted and help ensure
libraries are able to provide access.

As markets continue to grow, however, some publishers are introducing
practices that significantly interfere with libraries' ability to
continue to provide their patrons with equitable access. In particular,
there are e-book embargoes in place that restrict the timely availabili-
ty of e-books to public libraries. These embargoes place an unfair
burden on public library systems that are forced to wait eight weeks to
purchase more than one license for a title. Such embargos undermine the
democratic and educational function of library systems.

This discriminatory practice will restrict access in ways that harm
library systems and those they serve. Many library patrons are lower
income or face barriers to other means of information access. These new
licensing restrictions means patrons may be forced to wait much longer
to borrow books, as only one title is made available per library system.
Additionally, these restrictions will financially burden library systems
that will have to purchase more titles to keep up with demand following
the two-month embargo. Finally, it significantly restricts access to
titles for New Yorkers who find digital content more accessible than
paper books.

This bill establishes in statute what constitutes reasonable and unrea-
sonable standards for e-book licensing to New York's public libraries.
It requires publishers who offer to license e-books to the public shall
offer such books to libraries on said reasonable terms.  In doing so, it
ensures that widely accepted and effective industry practices remain in
place while prohibiting harmful practices that discriminate against
libraries and harm library patrons.

 
LEGISLATIVE HISTORY:

2019-2020: S7576 (May) Referred to consumer protection / A9881 (Ryan)
Referred to consumer affairs and protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S2890A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2890--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BROOKS,  GAUGHRAN, HARCKHAM, JORDAN, MYRIE,
   RIVERA, RYAN, SEPULVEDA, SERRANO, SKOUFIS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  general  business law, in relation to requiring
   publishers to offer licenses for electronic books to  libraries  under
   reasonable terms
 
   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
 399-nn to read as follows:
   § 399-NN. ELECTRONIC BOOK  LICENSES.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ELECTRONIC  BOOK"  MEANS A TEXT DOCUMENT THAT HAS BEEN CONVERTED
 INTO OR PUBLISHED IN A DIGITAL  FORMAT  THAT  IS  READ  ON  A  COMPUTER,
 TABLET, SMART PHONE, OR ELECTRONIC DEVICE; AND
   (B) "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE, PROMULGA-
 TION, AND SALE OF BOOKS, JOURNALS, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING THOSE IN DIGITAL FORM CONSISTING OF TEXT, IMAGERY OR BOTH.
   2.  ANY PUBLISHER WHO OFFERS TO LICENSE ELECTRONIC BOOKS TO THE PUBLIC
 SHALL OFFER TO LICENSE SUCH BOOKS TO LIBRARIES IN THE STATE  ON  REASON-
 ABLE  TERMS  THAT WOULD PERMIT THE LIBRARIES TO PROVIDE THEIR USERS WITH
 ACCESS TO SUCH ELECTRONIC BOOKS.
   3. (A) SUCH REASONABLE TERMS SHALL INCLUDE:
   (I) A LIMITATION ON THE NUMBER OF USERS  TO  WHOM  THE  LIBRARIES  MAY
 SIMULTANEOUSLY PROVIDE ACCESS TO THE ELECTRONIC BOOKS;
   (II)  A  LIMITATION  ON THE NUMBER OF DAYS THE LIBRARIES MAY PROVIDE A
 USER WITH ACCESS TO THE ELECTRONIC BOOKS; AND
   (III) THE USE OF TECHNOLOGICAL PROTECTION MEASURES THAT WOULD  PREVENT
 A  USER  FROM  (A) MAINTAINING ACCESS TO THE ELECTRONIC BOOKS BEYOND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04861-04-1

 S. 2890--A                          2
 
 ACCESS PERIOD SET FORTH IN THE LICENSE, AND (B)  PROVIDING  OTHER  USERS
 WITH ACCESS TO THE ELECTRONIC BOOKS.
   (B) SUCH REASONABLE TERMS SHALL NOT INCLUDE A LIMITATION ON THE NUMBER
 OF LICENSES FOR ELECTRONIC BOOKS LIBRARIES MAY PURCHASE AT THE SAME DATE
 AVAILABLE TO THE PUBLIC.
   4. ANY PUBLISHER THAT VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
 LIABLE  FOR  A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR
 AN INITIAL OFFENSE, AND THE SECOND OFFENSE AND  ANY  OFFENSE  THEREAFTER
 SHALL  BE  PUNISHABLE  BY  A  CIVIL  PENALTY  NOT TO EXCEED FIVE HUNDRED
 DOLLARS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law and shall apply to contracts entered into, renewed,
 modified, or amended on or after such effective date.

co-Sponsors

View additional co-sponsors

2021-S2890B (ACTIVE) - Details

See Assembly Version of this Bill:: A5837
Law Section:: General Business Law
Laws Affected:: Add §399-nn, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S7576

2021-S2890B (ACTIVE) - Summary

Relates to requiring publishers to offer licenses for electronic books to libraries under reasonable terms; defines terms; establishes penalties.

2021-S2890B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2890B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
publishers to offer licenses for electronic books to libraries under
reasonable terms

 
PURPOSE:

To make e-books equally accessible to public libraries in the state on
reasonable terms.

 
SUMMARY OF PROVISIONS:

This bill amends the general business law by adding a new section 349-nn
that requires publishers to offer electronic books to public libraries
under reasonable terms.

Subsection one establishes definitions for electronic books and publish-
ers.

Subsection two requires publishers to offer e-books to libraries on
reasonable terms that permit libraries to provide patrons with access to
said books.

Subsection three defines what shall and shall not constitute reasonable
terms for e-book licensure.

Subsection four grants Attorney General enforcement of the provisions of
this section and sets the penalty.

Section 2 sets the effective date.

*The A-print removes the deceptive acts and practices violation and
replaces it with specific penalty provisions. In addition, the effective
date is amended to specify that the provisions of this bill only apply
to contracts entered into, renewed, modified, or amended on or after
such effective date.

*The B-print This amended version specifies that the Attorney General
has enforcement of this section and also raises the penalties for
violation of this section to five hundred dollars for the first
violation and one thousand for all subsequent penalties.

 
JUSTIFICATION:

Public libraries provide equitable access to information for all. Many
New Yorkers prefer digital content and libraries provide this content as
a benefit to their communities. E-books are particularly useful for
senior citizens, people with disabilities, and others who may find
digital content more accessible and manageable than paper books.  As the
market for e-books has developed and matured, publishers and libraries
have worked to develop equitable models to ensure access to library
patrons. Many of these practices are widely accepted and help ensure
libraries are able to provide access.


As markets continue to grow, however, some publishers are introducing
practices that significantly interfere with libraries' ability to
continue to provide their patrons with equitable access. In particular,
there are e-book embargoes in place that restrict the timely availabili-
ty of e-books to public libraries. These embargoes place an unfair
burden on public library systems that are forced to wait eight weeks to
purchase more than one license for a title. Such embargos undermine the
democratic and educational function of library systems.

This discriminatory practice will restrict access in ways that harm
library systems and those they serve. Many library patrons are lower
income or face barriers to other means of information access. These new
licensing restrictions means patrons may be forced to wait much longer
to borrow books, as only one title is made available per library system.
Additionally, these restrictions will financially burden library systems
that will have to purchase more titles to keep up with demand following
the two-month embargo. Finally, it significantly restricts access to
titles for New Yorkers who find digital content more accessible than
paper books.

This bill establishes in statute what constitutes reasonable and unrea-
sonable standards for e-book licensing to New York's public libraries.
It requires publishers who offer to license e-books to the public shall
offer such books to libraries on said reasonable terms.  In doing so, it
ensures that widely accepted and effective industry practices remain in
place while prohibiting harmful practices that discriminate against
libraries and harm library patrons.

 
LEGISLATIVE HISTORY:

2019-2020: S7576 (May) Referred to consumer protection / A9881 (Ryan)
Referred to consumer affairs and protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
90 days after becoming law.

2021-S2890B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2890--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BROOKS,  GAUGHRAN, HARCKHAM, JORDAN, MYRIE,
   RIVERA, RYAN, SEPULVEDA, SERRANO, SKOUFIS -- read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   publishers to offer licenses for electronic books to  libraries  under
   reasonable terms
 
   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
 399-nn to read as follows:
   § 399-NN. ELECTRONIC BOOK  LICENSES.  1.  FOR  THE  PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ELECTRONIC  BOOK"  MEANS A TEXT DOCUMENT THAT HAS BEEN CONVERTED
 INTO OR PUBLISHED IN A DIGITAL  FORMAT  THAT  IS  READ  ON  A  COMPUTER,
 TABLET, SMART PHONE, OR ELECTRONIC DEVICE; AND
   (B) "PUBLISHER" MEANS ONE WHOSE BUSINESS IS THE MANUFACTURE, PROMULGA-
 TION, AND SALE OF BOOKS, JOURNALS, OR OTHER LITERARY PRODUCTIONS INCLUD-
 ING THOSE IN DIGITAL FORM CONSISTING OF TEXT, IMAGERY OR BOTH.
   2.  ANY PUBLISHER WHO OFFERS TO LICENSE ELECTRONIC BOOKS TO THE PUBLIC
 SHALL OFFER TO LICENSE SUCH BOOKS TO LIBRARIES IN THE STATE  ON  REASON-
 ABLE  TERMS  THAT WOULD PERMIT THE LIBRARIES TO PROVIDE THEIR USERS WITH
 ACCESS TO SUCH ELECTRONIC BOOKS.
   3. (A) SUCH REASONABLE TERMS SHALL INCLUDE:
   (I) A LIMITATION ON THE NUMBER OF USERS  TO  WHOM  THE  LIBRARIES  MAY
 SIMULTANEOUSLY PROVIDE ACCESS TO THE ELECTRONIC BOOKS;
   (II)  A  LIMITATION  ON THE NUMBER OF DAYS THE LIBRARIES MAY PROVIDE A
 USER WITH ACCESS TO THE ELECTRONIC BOOKS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04861-06-1

 S. 2890--B                          2
 
   (III) THE USE OF TECHNOLOGICAL PROTECTION MEASURES THAT WOULD  PREVENT
 A  USER  FROM  (A) MAINTAINING ACCESS TO THE ELECTRONIC BOOKS BEYOND THE
 ACCESS PERIOD SET FORTH IN THE LICENSE, AND (B)  PROVIDING  OTHER  USERS
 WITH ACCESS TO THE ELECTRONIC BOOKS.
   (B) SUCH REASONABLE TERMS SHALL NOT INCLUDE A LIMITATION ON THE NUMBER
 OF LICENSES FOR ELECTRONIC BOOKS LIBRARIES MAY PURCHASE AT THE SAME DATE
 AVAILABLE TO THE PUBLIC.
   4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK, TO A  COURT  OR  JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE,  ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN  FIVE  HUNDRED  DOLLARS  FOR  THE  INITIAL  OFFENSE, AND THE SECOND
 OFFENSE AND  ANY  OFFENSE THEREAFTER SHALL  BE  PUNISHABLE  BY  A  CIVIL
 PENALTY  NOT TO EXCEED ONE THOUSAND DOLLARS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law and shall apply to contracts entered into, renewed,
 modified, or amended on or after such effective date.

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Senate Bill S2890B

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Sponsored By

Archive: Last Bill Status Via A5837 - Vetoed by Governor

Bill Amendments

co-Sponsors

2021-S2890 - Details

2021-S2890 - Summary

2021-S2890 - Sponsor Memo

2021-S2890 - Bill Text download pdf

co-Sponsors

2021-S2890A - Details

2021-S2890A - Summary

2021-S2890A - Sponsor Memo

2021-S2890A - Bill Text download pdf

co-Sponsors

2021-S2890B (ACTIVE) - Details

2021-S2890B (ACTIVE) - Summary

2021-S2890B (ACTIVE) - Sponsor Memo

2021-S2890B (ACTIVE) - Bill Text download pdf

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