On Wednesday 13 August 2008 20:08, Susan Shemin wrote: > Amazon actually canceled all affiliate marketers' accounts in New York > because of this, and filed a lawsuit against the NY Attorney General.
such is the genius of the NY legislature - business has left the state, and residents have one more reason to move to NJ, CT or VT (or NH, in my case :). By increasing tax revenue they decreased it. They are apparently hoping 49 other states will pass similar laws, and Kaleeefoooohnya might, but the court will strike it down anyway, their argument is nonsense - basically that contracting with someone in a state creates a nexus there. I mean, IANAL, but c'mon. SCOTUS heard in 1992 a case involving mail-order catalogs in North Dakota, where ND tried to argue that the presence of the catalogs constituted a "presence" in that state. They said that A) no it doesn't and B) even if it did, the obligation of every retailer to track sales tax rates and categories for 6000+ jurisdictions nationwide was too onerous to contemplate. So NY will have a hard time overturning that, especially with the current crop of judges. And even if I am wrong, which is *very rare*, the affiliates can physically take their laptops out of states that do pass such laws. In any case it won't affect you unless you employ "affiliates" (however that is defined) Sam _______________________________________________ New York PHP Community Talk Mailing List http://lists.nyphp.org/mailman/listinfo/talk NYPHPCon 2006 Presentations Online http://www.nyphpcon.com Show Your Participation in New York PHP http://www.nyphp.org/show_participation.php
