Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 28, 2013 |
referred to consumer protection |
Senate Bill S2990
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2013-S2990 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §390-d, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7658
2011-2012: S3718
2013-S2990 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2990 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 using stolen or misappropriated software, including software that does not have the necessary license agreements. The Attorney General is 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: When businesses, including businesses in foreign countries, use stolen software to make products that are offered to New York consumers, they gain an unfair competitive advantage over businesses that use legal, properly licensed software. This radically tilts the competitive playing field by rewarding businesses that break the law-costing New York businesses billions of dollars and costing New York State and local governments hundreds of millions of dollars
2013-S2990 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2990 2013-2014 Regular Sessions I N S E N A T E January 28, 2013 ___________ Introduced by Sen. ADAMS -- 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 WHILE USING STOLEN OR MISAPPROPRIATED COMPUTER SOFTWARE, INCLUDING, BUT NOT LIMITED TO COMPUTER SOFTWARE THAT DOES NOT HAVE THE NECESSARY LICENSE AGREEMENTS, WHERE ANY SUCH PRODUCTS OR SERVICES ARE SOLD OR OFFERED FOR SALE IN THIS STATE. 3. (A) THE ATTORNEY GENERAL 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: (1) INCREASE THE DAMAGES UP TO THREE TIMES THE DAMAGES ALLOWED BY PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE DEFENDANT HAS BEEN FOUND TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06026-01-3
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