New York Assembly Bill A08835 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8835  IN ASSEMBLY January 18, 2024 ___________ Introduced by M. of A. KELLES -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting certain exclusivity policies imposed by digital application distrib- ution platforms on digital application developers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new article 2 45 to read as follows: 3 ARTICLE 45 4 DIGITAL APPLICATIONS 5 Section 1500. Definitions. 6 1501. Digital application distribution platforms. 7 § 1500. Definitions. As used in this article, the following terms 8 shall have the following meanings: 9 1. "Digital application" means any application software program or 10 group of programs designed to be downloaded or accessed on an electronic 11 device including, but not limited to a computer, smartphone, tablet, or 12 other similar device by an end-user. 13 2. "Developer" means the creator of a digital application made avail- 14 able for download by end-users through a digital application distrib- 15 ution platform or other digital distribution platform. 16 3. "Digital application distribution platform" means a digital 17 distribution platform for applications and services provided to a user 18 on an electronic device including, but not limited to, a smartphone, 19 tablet, computer, or other similar device. 20 4. "Special-purpose digital application distribution platform" means a 21 digital distribution platform for single or specialized categories of 22 digital applications, software, and services provided to an end-user on 23 special-purpose hardware including, but not limited to, a gaming 24 console, music player, or other similar special-purpose device. 25 5. "Digital payment application" means a digital application, service, 26 or user interface used to process a payment or money transfer from an 27 individual or entity to another individual or entity. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14060-01-4 
 A. 8835 2 1 § 1501. Digital application distribution platforms. 1. A proprietor of 2 a digital application distribution platform for which cumulative gross 3 receipts from sales on such digital application distribution platform to 4 residents of this state exceed ten million dollars in the previous or 5 current calendar year shall not: 6 (a) Require a developer to use a specific digital application distrib- 7 ution platform as the exclusive mode of distributing a digital applica- 8 tion or other digital product; 9 (b) Require a developer to use a specific digital payment application 10 as the exclusive mode of accepting payment from a user to download a 11 digital application or purchase a digital or physical product through 12 such digital application; or 13 (c) Retaliate against a developer for choosing to use an alternative 14 digital application distribution platform or digital payment applica- 15 tion. 16 2. Any contract or agreement that violates this section shall be unen- 17 forceable and shall be deemed a violation of this section. 18 3. This section shall not apply to a proprietor of a special-purpose 19 digital application distribution platform. 20 4. The attorney general shall receive complaints and investigate 21 violations of this section and may bring an action in any court of 22 competent jurisdiction to obtain legal or equitable relief on behalf of 23 an individual aggrieved by a violation of this section. 24 § 2. This act shall take effect immediately.