Assembly Bill A8471

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8471
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 16, 2025
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to disclosures  by
   sellers of digital goods
 
   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
 350-b-2 to read as follows:
   § 350-B-2. DISCLOSURES REQUIRED IN ADVERTISEMENTS OF DIGITAL GOODS. 1.
 FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS APPLY:
   (A) "CLEAR AND CONSPICUOUS" MEANS  IN  A  MANNER  THAT  CLEARLY  CALLS
 ATTENTION  TO  THE LANGUAGE, SUCH AS IN LARGER TYPE THAN THE SURROUNDING
 TEXT, OR IN CONTRASTING TYPE, FONT, OR COLOR TO THE SURROUNDING TEXT  OF
 THE  SAME SIZE, OR SET OFF FROM THE SURROUNDING TEXT OF THE SAME SIZE BY
 SYMBOLS OR OTHER MARKS.
   (B) "DIGITAL APPLICATION OR GAME" MEANS ANY APPLICATION OR GAME THAT A
 PERSON ACCESSES AND MANIPULATES USING A  SPECIALIZED  ELECTRONIC  GAMING
 DEVICE,  COMPUTER, MOBILE DEVICE, TABLET, OR OTHER DEVICE WITH A DISPLAY
 SCREEN, INCLUDING ANY ADD-ONS OR ADDITIONAL CONTENT FOR THAT APPLICATION
 OR GAME.
   (C) "DIGITAL AUDIO WORK" MEANS A WORK THAT RESULTS FROM  THE  FIXATION
 OF  A  SERIES  OF  MUSICAL, SPOKEN, OR OTHER SOUNDS THAT ARE TRANSFERRED
 ELECTRONICALLY, INCLUDING PRERECORDED OR LIVE SONGS, MUSIC, READINGS  OF
 BOOKS  OR  OTHER  WRITTEN MATERIALS, SPEECHES, RINGTONES, OR OTHER SOUND
 RECORDING.
   (D) "DIGITAL AUDIOVISUAL WORK" MEANS A SERIES OF RELATED IMAGES  THAT,
 WHEN  SHOWN IN SUCCESSION, IMPART AN IMPRESSION OF MOTION, TOGETHER WITH
 ACCOMPANYING  SOUNDS.  "DIGITAL  AUDIOVISUAL   WORK"   INCLUDES   MOTION
 PICTURES,  MUSICALS,  VIDEOS,  NEWS AND ENTERTAINMENT PROGRAMS, AND LIVE
 EVENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11925-01-5
 A. 8471                             2
              

 
   (E) "DIGITAL BOOK" MEANS A WORK THAT IS GENERALLY  RECOGNIZED  IN  THE
 ORDINARY  AND  USUAL SENSE AS A BOOK THAT IS TRANSFERRED ELECTRONICALLY,
 INCLUDING A WORK OF FICTION OR NONFICTION.
   (F)  "DIGITAL  CODE"  MEANS A CODE THAT PROVIDES THE PERSON THAT HOLDS
 THE CODE A RIGHT TO OBTAIN AN ADDITIONAL DIGITAL GOOD, A  DIGITAL  AUDI-
 OVISUAL  WORK,  DIGITAL AUDIO WORK, OR DIGITAL BOOK THAT MAY BE OBTAINED
 BY ANY MEANS, INCLUDING TANGIBLE FORMS AND ELECTRONIC  MAIL,  REGARDLESS
 OF  WHETHER  THE  CODE  IS  DESIGNATED AS SONG CODE, VIDEO CODE, OR BOOK
 CODE.  "DIGITAL CODE" INCLUDES CODES USED TO ACCESS OR OBTAIN ANY SPECI-
 FIED DIGITAL GOODS, OR ANY  ADDITIONAL  DIGITAL  GOODS  THAT  HAVE  BEEN
 PREVIOUSLY PURCHASED, AND PROMOTION CARDS OR CODES THAT ARE PURCHASED BY
 A  RETAILER  OR OTHER BUSINESS ENTITY FOR USE BY THE RETAILER'S OR ENTI-
 TY'S CUSTOMERS.
   (G) "DIGITAL GOOD" MEANS A DIGITAL  AUDIOVISUAL  WORK,  DIGITAL  AUDIO
 WORK, DIGITAL BOOK, DIGITAL CODE, OR DIGITAL APPLICATION OR GAME, WHETH-
 ER  ELECTRONICALLY  OR  DIGITALLY  DELIVERED OR ACCESSED. "DIGITAL GOOD"
 DOES NOT INCLUDE A CABLE TELEVISION SERVICE, SATELLITE RELAY  TELEVISION
 SERVICE,  OR  ANY  OTHER  DISTRIBUTION  OF  TELEVISION,  VIDEO, OR RADIO
 SERVICE.
   2. IT SHALL BE UNLAWFUL FOR A SELLER OF A DIGITAL GOOD TO ADVERTISE OR
 OFFER FOR SALE A DIGITAL GOOD TO  A  PURCHASER  WITH  THE  TERMS  "BUY,"
 "PURCHASE," OR ANY OTHER TERM WHICH A REASONABLE PERSON WOULD UNDERSTAND
 TO  CONFER  AN  UNRESTRICTED  OWNERSHIP INTEREST IN THE DIGITAL GOOD, OR
 ALONGSIDE AN OPTION FOR A TIME-LIMITED  RENTAL,  UNLESS  EITHER  OF  THE
 FOLLOWING OCCUR:
   (A) THE SELLER RECEIVES AT THE TIME OF EACH TRANSACTION AN AFFIRMATIVE
 ACKNOWLEDGMENT FROM THE PURCHASER INDICATING ALL OF THE FOLLOWING:
   (I)  THAT  THE  PURCHASER IS RECEIVING A LICENSE TO ACCESS THE DIGITAL
 GOOD;
   (II) A COMPLETE LIST OF RESTRICTIONS AND CONDITIONS  OF  THE  LICENSE;
 AND
   (III)  THAT  ACCESS TO THE DIGITAL GOOD MAY BE UNILATERALLY REVOKED BY
 THE SELLER IF THEY NO LONGER HOLD A RIGHT TO THE DIGITAL GOOD, IF APPLI-
 CABLE; OR
   (B) THE SELLER PROVIDES TO THE CONSUMER BEFORE EXECUTING  EACH  TRANS-
 ACTION  A  CLEAR AND CONSPICUOUS STATEMENT THAT DOES BOTH OF THE FOLLOW-
 ING:
   (I) STATES IN PLAIN LANGUAGE THAT "BUYING" OR "PURCHASING" THE DIGITAL
 GOOD IS A LICENSE; AND
   (II) INCLUDES A HYPERLINK, QR CODE, OR SIMILAR METHOD  TO  ACCESS  THE
 TERMS AND CONDITIONS THAT PROVIDE FULL DETAILS ON THE LICENSE.
   3.  ANY  AFFIRMATIVE  ACKNOWLEDGMENT  FROM  THE PURCHASER OR CLEAR AND
 CONSPICUOUS STATEMENT PURSUANT TO SUBDIVISION TWO OF THIS SECTION  SHALL
 BE  DISTINCT  AND  SEPARATE  FROM  ANY OTHER TERMS AND CONDITIONS OF THE
 TRANSACTION THAT THE PURCHASER ACKNOWLEDGES OR AGREES TO.
   4. THIS SECTION DOES NOT REQUIRE A PERSON TO DOWNLOAD A DIGITAL  GOOD,
 OR  PROHIBIT A PERSON FROM STORING A DIGITAL GOOD ON A SERVER FOR ACCESS
 THROUGH THE INTERNET.
   5. THIS SECTION DOES NOT APPLY TO ANY OF THE FOLLOWING:
   (A) ANY SUBSCRIPTION-BASED SERVICE THAT ADVERTISES OR OFFERS FOR  SALE
 ACCESS TO ANY DIGITAL GOOD SOLELY FOR THE DURATION OF THE SUBSCRIPTION;
   (B)  ANY DIGITAL GOOD THAT IS ADVERTISED OR OFFERED TO A PERSON FOR NO
 MONETARY CONSIDERATION; OR
   (C) ANY DIGITAL GOOD THAT IS ADVERTISED OR OFFERED TO  A  PERSON  THAT
 THE SELLER CANNOT REVOKE ACCESS TO AFTER THE TRANSACTION, WHICH INCLUDES
 MAKING  THE DIGITAL GOOD AVAILABLE AT THE TIME OF PURCHASE FOR PERMANENT
 A. 8471                             3
 
 OFFLINE DOWNLOAD TO AN EXTERNAL STORAGE SOURCE  TO  BE  USED  WITHOUT  A
 CONNECTION TO THE INTERNET.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.