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July 04, 2005
Goldman on Click Fraud
Another great post from Eric Goldman, this time on a "click fraud" lawsuit against Google (Click Fraud Lawsuit--Click Defense v. Google).
I vacillate between two competing perceptions about click fraud lawsuits. Sometimes I think that Google deserves some legal heat for its blasé attitude towards click fraud. Other times, I think click fraud plaintiffs are merely media grandstanders and quasi-extortionists. Unquestionably Google can do more to address click fraud, but advertisersespecially Click Defense (given its specialty in click fraud tpics)know about click fraud and yet voluntarily decide to enter into a contract with Google and voluntarily choose the keywords and pick the CPCs they think are profitable knowing that click fraud exists.
I think Click Defenses complaint is legally weak but not frivolous. Perhaps with sufficient legal sophistry, Click Defense can find a way to convince a judge to give it legal redress. Nevertheless, I remain convinced that click fraud should and will be solved through business dealings rather than in a court of law.
posted by Ernest Miller |
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