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This
information has been provided by Australian Lawyer
Gavin
Barnes - redchip
Google me up a Writ
Clicks are bricks of gold for online marketers and anyone else
attempting to generate traffic with resultant ebusiness through a
website. It is inevitable, perhaps, in the fluid online
environment, which is populated by an ever evolving breed of
border-line business operators, that people would seek to unfairly
leverage rewards from traffic referral and marketing programs
operating online.
In this wild west world of bits and bytes, one of the biggest oil
tycoons west of.... well, anywhere, has kicked the sheriff awake
and gathered up a posse! Google has commenced proceedings against
an internet sales and marketing company, claiming fraud.
The company, Auctions Expert International, has allegedly been
fraudulently generating revenue by clicking on text ads displayed
on the Google website as part of Google's AdSense scheme.
Designed to allow advertisers to display consumer targeted ads on
websites with relevant content in return for the payment of a fee
to Google each time an internet user clicks on one of the ads, the
AdSense system appears to be open to abuse by website owners
seeking to increase the fees paid to them by Google. In an attempt
to deal with this potential loop hole, Google's AdSense program
policy states:
"Any method that artificially and/or fraudulently generates clicks
is strictly prohibited. These prohibited methods include but are
not limited to repeated manual clicks, incentives to click, using
robots, automated clicking tools, or other deceptive software.
Please note that clicking on your own ads for any reason is
prohibited to avoid potential inflation of advertiser costs."
The
proceedings brought by Google against Auctions Expert
International alleges that they have "flagrantly" abused the
program by clicking on the targeted ads displayed on its own
website.
A CNET news.com report states that the complaint says "these
clicks were worthless to advertisers, but generated significant
and unjust revenue for the defendants". A spokesman for Google
told CNET that "we have sophisticated technology that detects and
eliminates fraud. This law suit against Auctions Expert
demonstrates the success of our anti-fraud system and that we will
take legal action when appropriate".
redchip Comment
This case demonstrates that it is important to ensure that, if you
are offering rewards based on web browsing pattern related key
performance indicators, it is vital to ensure that you have a
system that rigorously audits compliance with relevant conditions
for participating in your program.
It is also important that the systems in place are adequate to
generate evidence that will be acceptable to the courts. If you
are uncertain of whether or not your practices will enable you to
successfully pursue an action for non-compliance, please do not
hesitate to contact Karl Scott on 3852 5055 or email
karl@redchip.com.au.
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Patent Pending: A system for providing professional services (USA)
International Patent Application No. PCT/AU00/01528
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Australian Patent Application No. 26427/01
Patent Pending: An interactive contractual transaction system (conveyancing online)
Australian Patent Application No. 43743/01
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10 September, 2010
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