Bill Text: NY A05914 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the violation of unlawful downloading of intellectual property.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05914 Detail]
Download: New_York-2013-A05914-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5914 2013-2014 Regular Sessions I N A S S E M B L Y March 8, 2013 ___________ Introduced by M. of A. ORTIZ, PERRY, GALEF, TITONE -- Multi-Sponsored by -- M. of A. CASTRO, HOOPER -- read once and referred to the Committee on Codes AN ACT to amend the executive law and the penal law, in relation to the unlawful downloading of intellectual property THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 63 of the executive law is amended by adding a new 2 subdivision 14 to read as follows: 3 14. PROSECUTE ANY PERSON FOR A VIOLATION OF UNLAWFUL DOWNLOADING OF 4 INTELLECTUAL PROPERTY AS SET FORTH IN SECTION 156.40 OF THE PENAL LAW. 5 IN ALL SUCH PROCEEDINGS, THE ATTORNEY GENERAL MAY APPEAR IN PERSON OR BY 6 HIS DEPUTY OR ASSISTANT BEFORE ANY COURT OR ANY GRAND JURY AND EXERCISE 7 ALL THE POWERS AND PERFORM ALL THE DUTIES NECESSARY OR REQUIRED TO BE 8 EXERCISED OR PERFORMED IN PROSECUTING ANY SUCH PERSON FOR SUCH OFFENSE. 9 S 2. Section 156.00 of the penal law is amended by adding a new subdi- 10 vision 10 to read as follows: 11 10. "INTELLECTUAL PROPERTY" MEANS A PRODUCT OF THE INTELLECT THAT HAS 12 COMMERCIAL VALUE, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, MUSIC, 13 LITERARY WORKS AND OTHER ARTISTIC WORKS. 14 S 3. The penal law is amended by adding two new sections 156.40 and 15 156.41 to read as follows: 16 S 156.40 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY. 17 A PERSON IS GUILTY OF UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY 18 WHEN SUCH PERSON, WITH ACTUAL KNOWLEDGE, WITH CONSCIOUS AVOIDANCE OF 19 ACTUAL KNOWLEDGE, OR WILLFULLY, DOWNLOADS INTELLECTUAL PROPERTY BY MEANS 20 OF A SHARED COMPUTER NETWORK, WITHOUT FIRST: 21 1. OBTAINING THE WRITTEN CONSENT OF THE HOLDER OF THE RIGHTS OF THE 22 INTELLECTUAL PROPERTY; OR 23 2. PURCHASING THE RIGHT TO DOWNLOAD SUCH INTELLECTUAL PROPERTY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09365-01-3 A. 5914 2 1 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY IS A VIOLATION AND SHALL 2 BE PUNISHABLE AS SET FORTH IN SECTION 156.41 OF THIS ARTICLE. 3 S 156.41 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY; ENFORCEMENT. 4 UNLAWFUL DOWNLOADING OF INTELLECTUAL PROPERTY SHALL BE PUNISHABLE AS 5 FOLLOWS: 6 1. FOR A FIRST OFFENSE, THE DEFENDANT SHALL RECEIVE A WARNING IN THE 7 FORM OF AN EMAIL FROM THE ATTORNEY GENERAL VIA SUCH DEFENDANT'S BROAD- 8 BAND OR INTERNET SERVICE PROVIDER REQUIRING SUCH DEFENDANT TO CEASE SUCH 9 UNLAWFUL DOWNLOADING; 10 2. FOR A SECOND OFFENSE, THE DEFENDANT SHALL RECEIVE A WARNING IN THE 11 FORM OF A LETTER FROM THE ATTORNEY GENERAL REQUIRING SUCH DEFENDANT TO 12 CEASE SUCH UNLAWFUL DOWNLOADING; 13 3. FOR A THIRD OFFENSE, THE DEFENDANT SHALL BE PROHIBITED FROM MAIN- 14 TAINING AN INTERNET CONNECTION FOR A PERIOD OF ONE YEAR. 15 S 4. This act shall take effect on the first of November next succeed- 16 ing the date on which it shall have become a law.