Louisiana Senate Bill SB415

Louisiana 2010 Regular Session

• Introduced: 3/29/10
• Refer: 3/29/10
• Report Pass: 4/14/10
• Engrossed: 4/19/10
• Refer: 4/20/10
• Report Pass: 5/11/10
• Enrolled: 5/24/10
• Chaptered: 6/1/10
• Passed: 6/1/10

Caption

Provides that developing or manufacturing computer software products, or developing or supplying services, while using stolen or misappropriated property including computer software where that product or service is sold or offered for sale is a deceptive or unfair trade practice or act. (8/15/10)

Impact

Should SB 415 be enacted, it would amend existing trade practices laws to include specific provisions regarding the use of stolen or improperly licensed software. The bill underscores the importance of intellectual property rights in the software industry and aims to deter theft or misuse that could harm lawful developers. By categorizing such actions as unfair trade practices, the bill establishes a clear legal framework for enforcement and penalties against offenders, which could lead to improved marketplace integrity in Louisiana.

Summary

Senate Bill 415 aims to strengthen laws against deceptive and unfair trade practices in the context of computer software. Specifically, it prohibits individuals from developing or manufacturing software or providing services using stolen or misappropriated property, including software lacking the necessary copyright licenses. This legislation seeks to protect legitimate businesses by ensuring a fair competitive environment and upholding intellectual property rights. The focus is on software developed and sold in competition within the state, and violations would constitute unfair competition.

Sentiment

General sentiment surrounding SB 415 leans towards support among legislators concerned about protecting intellectual property and promoting fair competition. Advocates argue that the bill addresses a significant issue in the software industry, which is plagued by piracy and misuse of resources. However, there may be concerns raised regarding the implications for small developers and their ability to navigate complex licensing issues without facing substantial penalties. The overall discussion suggests a recognition of the need for protections in the digital age, balanced against the operational challenges for businesses.

Contention

Notable points of contention may arise concerning the definition of what constitutes 'stolen or misappropriated property,' and how the law would be enforced in practice. There could be debates about the fairness of penalties for small developers who may inadvertently find themselves in violation due to lack of resources to effectively manage copyright licenses. Additionally, the potential for increased litigation over unfair trade claims might lead to calls for more clarity in the legislation to avoid unintended consequences for law-abiding companies.