Prohibits a seller of a digital good from advertising or offering 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 the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement.
Impact
The implications of S08952 are significant for both sellers and consumers in the digital marketplace. Sellers must provide clear disclosures and obtain affirmative acknowledgments from buyers, delineating the terms of use and conditions governing the digital goods. This change is particularly relevant as digital goods become increasingly prevalent, affecting how transactions are conducted and how consumers perceive their rights regarding digital purchases.
Summary
Bill S08952 seeks to amend New York's general business laws regarding the advertising and sale of digital goods. It mandates that sellers cannot use terms such as 'buy' or 'purchase' in a way that implies the purchaser gains unrestricted ownership of digital goods. Instead, sellers must ensure that consumers understand they are acquiring a license to access these goods, reflecting a shift away from traditional notions of ownership as it pertains to digital products. This legislation aims to clarify the nature of transactions involving digital goods, where ownership and access rights are often ambiguous.
Contention
One notable point of contention in the discussions around S08952 revolves around the balance of consumer protection and the operational burdens it places on digital sellers. Proponents argue that these disclosures are essential for protecting consumers from misleading advertising practices. In contrast, critics express concerns that such stringent requirements could create challenges for small businesses and entrepreneurs in the digital economy, potentially stifling innovation and complicating the purchasing process.
Same As
Prohibits a seller of a digital good from advertising or offering 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 the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement.
Prohibits a seller of a digital good from advertising or offering 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 the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement.
Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a repair score that will be displayed to consumers at point of sale.
Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a repair score that will be displayed to consumers at point of sale.
Establishes a two-tenths percent tax on digital asset transactions including the sale or transfer of digital assets to fund the expansion of the substance abuse prevention and intervention program to schools in upstate New York.