By Sholdon Daniels
As an entertainment lawyer based in Dallas, I understand the complexities of the entertainment industry and the legal issues that can arise for businesses and creators doing business in Texas. One critical issue that many tech businesses in the entertainment industry face is computer viruses and malware attacks.
Under Section 324.053 of the Texas Business and Commerce Code, it is illegal for a person who is not the owner or operator of a computer in Texas to knowingly cause computer software to be copied to that computer and then use the software to interfere with the owner or operator's reasonable efforts to block the installation or execution of or to disable computer software.
This law is crucial for entertainment businesses in Texas to understand, as it protects their computer systems and software from unauthorized access, which can be incredibly damaging. In this blog, I'll discuss the importance of Section 324.053 of the Texas Business and Commerce Code for entertainment businesses, the potential legal consequences of violating the law, and what businesses can do to protect their computer systems and software from unauthorized access.
First, it's important to understand what types of conduct are prohibited under Section 324.053. The law provides several examples of unauthorized interference with computer software, including:
Using intentionally deceptive means to prevent the removal or disabling of computer software
Misrepresenting to others that computer software will be uninstalled or disabled
Removing or disabling security, antispyware, or antivirus computer software
Presenting the owner or operator with a deceptive option to decline the installation of software
Changing the name or location of computer software to prevent its removal
Creating randomized or intentionally deceptive file names or directory folders to avoid detection and removal of computer software.
Any of these actions can result in a violation of Section 324.053 and may be subject to legal action.
So, what happens if a business violates Section 324.053 of the Texas Business and Commerce Code? The potential legal consequences can be significant, including civil and criminal penalties. Depending on the severity of the violation, a business may be subject to fines, imprisonment, or both.
For example, if the violation involves intentionally deceptive means to prevent the removal or disabling of computer software, a business may be subject to fines of up to $100,000 per violation. Additionally, if a business has previously been found to have violated the law, the penalties may be increased.
Given the significant legal consequences of violating Section 324.053, it's crucial for entertainment businesses in Texas to take steps to protect their computer systems and software from unauthorized access. Here are a few best practices that businesses can implement:
Install and maintain up-to-date security, antispyware, and antivirus software.
Having robust security software is crucial for protecting computer systems from unauthorized access. Businesses should ensure that they have the latest version of security software installed on all their systems, and that it is updated regularly.
Regularly monitor computer systems for unauthorized access.
Businesses should monitor their computer systems regularly for signs of unauthorized access, such as unexpected changes to software or files.
Develop and implement clear policies and procedures for managing computer systems and software.
Having clear policies and procedures in place for managing computer systems and software can help businesses ensure that they are operating in compliance with the law. Policies should cover topics such as access control, software installation and removal, and employee training.
Work with an experienced entertainment lawyer to ensure compliance with Section 324.053 and other relevant laws.
An experienced entertainment lawyer can help businesses navigate the complexities of Texas law and ensure that they are in compliance with Section 324.053 and other relevant laws.
I know it's kind of technical, but Section 324.053 of the Texas Business and Commerce Code is a critical law for businesses in Texas to understand. Violating the law can result in significant legal consequences, including fines and imprisonment. To protect their computer systems and software from unauthorized access, businesses should take proactive steps to install and maintain security software, monitor their systems for unauthorized access, develop and implement clear policies and procedures for managing computer systems and software, and work with an experienced lawyer like Attorney Sholdon Daniels to ensure compliance with Section 324.053 and other relevant laws.
By following these best practices and working with an experienced lawyer, businesses can protect their computer systems and software from unauthorized access, avoid legal disputes and penalties, and ensure that they are operating ethically and in compliance with state law.
Everyone knows that I am committed to helping my clients navigate the complexities of Texas law and protect their valuable creative works and assets. If you have questions about Section 324.053 of the Texas Business and Commerce Code, or any other legal issue related to the entertainment industry, I encourage you to contact my law firm.
Call me at 1-844-SHOLDON, and together, we can work to ensure that your business is protected and successful.