Comments on: Engines Starting http://affiliateadvocacy.com/2009/engines-starting/ Thu, 02 Sep 2010 14:40:34 +0000 hourly 1 http://wordpress.org/?v=3.0 By: Mark Welch http://affiliateadvocacy.com/2009/engines-starting/comment-page-1/#comment-155 Mark Welch Tue, 15 Dec 2009 21:18:12 +0000 http://affiliateadvocacy.com/?p=415#comment-155 Remember that the author of AB178 promised to amend the language to "clarify" that it would apply "nexus" only for merchants who use a specific type of advertising, not all advertising (as the original absurdly-overbroad language provides). I assume that the promised amendment, like the original bill, would be written by the booksellers' lobbyist. But I also suspect that these "promised amendments" won't actually happen, because by maintaining the identical language as the New York law, California can expect to "piggyback" on the results of appellate litigation over that law (so that if the law is upheld in New York, California might avoid the expense of constitutional litigation in federal court). I don't expect to allocate any time to dealing with the bill this winter. Remember that the author of AB178 promised to amend the language to “clarify” that it would apply “nexus” only for merchants who use a specific type of advertising, not all advertising (as the original absurdly-overbroad language provides). I assume that the promised amendment, like the original bill, would be written by the booksellers’ lobbyist. But I also suspect that these “promised amendments” won’t actually happen, because by maintaining the identical language as the New York law, California can expect to “piggyback” on the results of appellate litigation over that law (so that if the law is upheld in New York, California might avoid the expense of constitutional litigation in federal court).

I don’t expect to allocate any time to dealing with the bill this winter.

]]> By: Trisha Lyn Fawver http://affiliateadvocacy.com/2009/engines-starting/comment-page-1/#comment-127 Trisha Lyn Fawver Thu, 03 Dec 2009 07:02:21 +0000 http://affiliateadvocacy.com/?p=415#comment-127 I'll be on the call taking notes; I'm kind of surprised (and yet not) that AB178 will be back in January and plan to head up to Sacramento to follow what happens and see what I can do. I’ll be on the call taking notes; I’m kind of surprised (and yet not) that AB178 will be back in January and plan to head up to Sacramento to follow what happens and see what I can do.

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