§ 390-a. Optical discs; requirements.
1.For purposes of this section,\nthe following terms shall have the following meanings:\n (a) "Optical disc" is a disc capable of being read by a laser or other\nlight source on which data is stored in digital form. An optical disc\nshall include, but not be limited to, discs known as compact discs\n(CDs), recordable compact discs (CD-R's), and digital video discs\n(DVDs), or related mastering source materials heretofore or hereafter\ndeveloped.\n (b) "Manufacturer" shall mean a person who replicates the physical\noptical disc or produces the master used in any optical disc replication\nprocess. A manufacturer shall not include a person who manufactures\noptical discs for internal use, testing, or review, or a person who\nmanufactures blank optica
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§ 390-a. Optical discs; requirements. 1. For purposes of this section,\nthe following terms shall have the following meanings:\n (a) "Optical disc" is a disc capable of being read by a laser or other\nlight source on which data is stored in digital form. An optical disc\nshall include, but not be limited to, discs known as compact discs\n(CDs), recordable compact discs (CD-R's), and digital video discs\n(DVDs), or related mastering source materials heretofore or hereafter\ndeveloped.\n (b) "Manufacturer" shall mean a person who replicates the physical\noptical disc or produces the master used in any optical disc replication\nprocess. A manufacturer shall not include a person who manufactures\noptical discs for internal use, testing, or review, or a person who\nmanufactures blank optical discs.\n (c) "Commercial purposes" shall mean the production of at least ten of\nthe same or different optical discs in a one hundred eighty day period,\nby storing information on the disc, and for the purpose of resale,\nwhether by that person or by another.\n (d) "Identification mark" shall mean the actual name of the\nmanufacturer and the state in which the optical disc was manufactured,\nor alternatively a unique identifier that will allow law enforcement to\ndetermine the place at which an optical disc was manufactured.\n (e) "Person" shall include an individual, partnership, limited\nliability company, corporation, association, or any officer, employee or\nagent thereof.\n 2. Every person who manufactures an optical disc for commercial\npurposes shall permanently mark each manufactured optical disc with an\nidentification mark. The identification mark shall be affixed by\nmolding, diestamping, etching, or other permanent method in a manner\nwhich is clearly visible without the aid of magnification or special\ndevices.\n 3. No person shall knowingly remove, deface, cover, alter, or destroy\nthe identification mark required by this section.\n 4. (a) No person shall, for the purpose of sale or rental, buy, sell,\nreceive, transfer, or possess an optical disc knowing the identification\nmark of the manufacturer has been removed, defaced, covered, altered or\ndestroyed.\n (b) No person shall, for the purpose of sale or rental, buy, sell,\nreceive, transfer or possess an optical disc knowing it was manufactured\nin New York without the identification mark required by this section, or\nknowing that it was manufactured in New York with a false identification\nmark.\n 5. (a) Any violation of subdivision two of this section shall be\npunishable as a class B misdemeanor. A second or subsequent violation of\nsuch subdivision shall be punishable as a class A misdemeanor.\n (b) Any violation of subdivision three or four of this section shall\nbe punishable as a class A misdemeanor.\n