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Google Sued Over Click Fraud

Posted by Zonk on Thu Jun 30, 2005 07:51 AM
from the clicky-click dept.
tanveer1979 writes "A seller of online marketing tools has sued Google over click fraud, accusing it of failing to protect clients from spurious clicks over web ads. The suit claims damages of $5 million and is seeking class action status. Sites get money per click from the advertisers. Rival companies of the advertiser may employ people to repeatedly click on the advertisers link on Google costing them large amount of money. Google denied the allegations. From the article: 'We believe the suit is without merit and we will defend ourselves against it vigorously.'" Interesting turnaround.
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Related Stories

[+] Search Companies Team Up Against Click Fraud 84 comments
isabotage3 writes to tell us that the top three search companies, Google, Microsoft, and Yahoo, have teamed up to create an alliance to combat click fraud. The fact that these three bitter rivals can team up shows just how serious the industry has become about preserving the current online advertising boom that is currently underway. From the article: "Click fraud has attracted an increasing amount of attention amid class-action lawsuits and industry studies asserting advertisers have been collectively overcharged by more than $1 billion for bogus sales leads during the past four years. Google and Yahoo contend that those estimates are gross exaggerations generated by opportunistic lawyers and online advertising consultants hoping to cash in on the anxieties triggered by their calculations."
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  • by Sebastian Jansson (823395) on Thursday June 30 2005, @07:55AM (#12949364) Homepage
    Google sues people for click inflating, for the sake of their customers.

    Google's customer sues Google for not doing enough.
    • by CaymanIslandCarpedie (868408) on Thursday June 30 2005, @08:04AM (#12949429) Journal
      No, no, no ;-) TFA points out they are being sued by Click Defense Inc. They are not a customer or a client. They sell software designed to prevent click fraud!

      Click Defense Inc's business plan:
      1. Build software which may or may not prevent click fraud
      2.Approach Google about using said software.
      3.Google says no thanks.
      4.Sue Google for not buying your product (I mean protecting customers)
      5.???????
      6.Profit!
      7.???????
      8.Burn in hell for being a scum sucking ass-clown
    • by bigman2003 (671309) on Thursday June 30 2005, @08:07AM (#12949440) Homepage
      Let's say you are a company. And you hire someone to do marketing- maybe hand out expensive brochures and free samples.

      Well, your competitor keeps going back to the booth and taking your brochure and free samples. Then he throws them away, and goes back for more.

      Do you sue the person you hired to work at the booth?

      No...you figure out a better way to do it...or you fire the person at the booth and hire a big beefy guy who will make sure it is '1 per customer.' (Yet, he scares away all of the customers)

      You know the business model going in...how can you sue?

  • Deep Pockets (Score:3, Interesting)

    by Nick Driver (238034) on Thursday June 30 2005, @07:55AM (#12949367)
    Since Google now has pretty deep pockets, you can expect an endless stream of all kinds of wierd-ass lawsuits filed against them.
  • wait... (Score:3, Insightful)

    by tiberiandusk (894649) on Thursday June 30 2005, @07:56AM (#12949373) Journal
    wasn't there an article a while ago about how google was trying to stop this since they were losing a ton of money to fake clicks? i think every online advertising company in the world has been working on this problem for a long time. suing them won't fix the problem but it will get all those lawyers a lot of money.
    • Re:wait... (Score:4, Informative)

      by surprise_audit (575743) on Thursday June 30 2005, @08:18AM (#12949508)
      Yeah. That was what was being referred to in the Interesting turnaround link right at the end of the summary....
    • Re:wait... (Score:3, Insightful)

      Google isn't necessarily losing any money at all to fake clicks. Google MAKES money on fake clicks because they take a cut of the money from every click. Google's advertisers lose the money. Long term, the risk that Google runs is that the advertisers lose confidence in the legitimacy of Adwords/Adsense and look for other alternatives. At the moment, the other alternatives are more corrupt and less principled than Google, IMO.
  • Not google's fault (Score:4, Insightful)

    by Arthur B. (806360) on Thursday June 30 2005, @07:57AM (#12949374)
    They don't have to sued Google over this, but the people commiting click fraud... I mean, they sign a contract in which they agree to pay for each click, it's never mentionned that Google will ensure that all clicks are legits... I don't think they have the slightest chance to make a point in court. Now Google could prrobably provide protection, but they won't have to. Eventually, protection (unique clicks, time spent on site etc) will arise with competition on ad placement as a required service.
    • What ever happened to personal responsibility? Is the legal system so distorted that responsibility isn't a factor? Plus, isn't real financial interest a requirement to bring a suit?

      I could see that if Google promised click verification in their contract with the advertisers, those advertisers could sue Google, if they could show the clicks are fraudulent. But I can't sue Google, as I have no financial interest in that transaction.

      Let's say I own a house, but the front door isn't metal and the lock isn't
  • by jdreed1024 (443938) on Thursday June 30 2005, @07:57AM (#12949380)
    Interesting turnaround.

    Not really. Google sued people who were artificially inflating their clicks. Now, someone is saying Google does nothing about click inflation. Who knows the specific of this individual case, but clearly Google has done *something* about click inflation.

  • by cytopia (891088) on Thursday June 30 2005, @07:57AM (#12949385) Homepage
    Does anyone know how does google check for "fake" clicks?
    • by -brazil- (111867) on Thursday June 30 2005, @08:02AM (#12949420) Homepage
      I doubt they're telling anyone, since it would be easier for the fraudsters to circumvent the checks if they knew the exact method.

      The obvious measure would be statistical analysis to see whether some IP addresses are generating an excessive amount of clicks, especially on the same ads.
        • Somebody with access to a large collection of zombie PCs wouldn't even all be coming from the same subnets/networks.

          I'd imagine that one trick to combat such would be to "rate" the attractiveness of the ad - i.e. Google staff acting as an "average Joe" looking at the ad and estimating how attractive it is as a guide to how often they'd expect it to be clicked. Any ad getting *much* higher traffic should be looked at more closely to see if: a) they underestimated it; b) it's a "click fraud" target.

  • by Willeh (768540) * <rwillem@xs4all.nl> on Thursday June 30 2005, @07:59AM (#12949394)
    Lemme get this straight, a maker of software that detects click fraud is sueing google for click fraud? This is either gonna make or break them, all off google's back. Looks like Google has got a hell of a hard time ahead, sitting on fat cash like they do.

    Otoh, this'll be even worse for google if Click defense manages to score a win in the courts.

    • Sneaky (Score:4, Insightful)

      by QMO (836285) on Thursday June 30 2005, @08:07AM (#12949442) Homepage Journal
      IMO
      This is a publicity stunt.
      Click Defense is suing Google to get people to think about click fraud, so they'll buy software from Click Defense to save themselves.
    • by kebes (861706) on Thursday June 30 2005, @08:28AM (#12949582) Journal
      I think the company in question, ClickDefense [clickdefense.com] must not be doing very well, and is using this as a last-resort money-grab to stay alive (wild speculation, I know!). Why do I say this? Well, it seems like corporate suicide for a company to admit that their product doesn't work at all. They are a company that sells click-fraud detection tools, so that other companies can prevent click-fraud and thereby increase their return-on-investment for all those advertising dollars.

      But if their product works properly, then they should be properly protected, and they wouldn't need to complain to Google that they are getting ripped off. They would just use this technology on themselves, and figure out a way to prevent this fraud (and then sell the technique to others of course). Part of this 'technique' might just be to accurately determine which advertising-supplier has the lowest fraud-rates, etc. But by telling google that they are getting frauded, they are basically admiting their system doesn't work.

      Of course, they will claim that they are using their technology to detect the fraud occuring on google's ads... this is, after all, the very point of their product, right? Then other people will buy their product. But 'going public' in this way doesn't make sense. If google cleans up their act in a public and verifiable way, then ClickDefense's product becomes irrelevant. Basically companies won't buy their product/services, because they will be happy knowing that Google is taking care of the situation. They don't need to pay ClickDefense for special knowledge about click-fraud: ClickDefense appears to be making this information public!

      If this is a publicity stunt, I think it is a bad one. Frankly it makes ClickDefense's product and services appear rather pointless. I question the long-term viability of this company!
  • Failing to prevent? (Score:4, Informative)

    by zensufi (743379) on Thursday June 30 2005, @07:59AM (#12949397)

    In other news, Sears is being sued for failing to conduct background checks on the purchasers of air conditioners. It seems foreign assassins have been dropping them out of windows and killing unsuspecting Americans.

    Failing to prevent? I mean, come on. This only makes sense if Google signed a contract with the advertisers saying they would implement measures to prevent this.

  • 1-800 (Score:4, Insightful)

    by Matt Clare (692178) on Thursday June 30 2005, @07:59AM (#12949398) Homepage
    I hope this company doesn't have a 1-800 number:

    "Ma' Bell didn't tell all the callers that they could only dial our number if they were going to buy something".
  • Im just trying to think what google could do beyond some of the obvious - Ignoring multiple clicks from same IP on same ad target.

    Any system is going to involve an element of fraud if there are human beings involved.
  • I'm confused... (Score:5, Insightful)

    by AnObfuscator (812343) <onering AT phys DOT ufl DOT edu> on Thursday June 30 2005, @08:04AM (#12949426) Homepage

    ok, so based on the second link to the previous slashdot story (http://yro.slashdot.org/article.pl?sid=05/04/19/1 927212&tid=123 [slashdot.org]), doesn't that prove in Google's favor that Google *is* taking click fraud seriously? Thus, doesn't that conclusively demonstrate in Google's favor that "Click Defense Inc." is just wrong?

    And their main product [clickdefense.com] is to prevent, you guessed it, Click Fraud. Hmmmm, a few minutes ago I didn't know that such a product existed, but now that they've sued google, I do. double hmmmm hmmmm.

    Some Executive somewhere: "Google is getting sued because they don't protect us from 'Click Fraud', whatever that is! that could cost us lots of money! What can I do to protect myself? Let me ask Google. Oh, look who is on the sponsored links, clickdefense.com. Oh, their product saves me! yay!"

    I smell a large omnivorous rodent of the genus Rattus [wikipedia.org]...

    • The motives of the company that is sueing them is questionable, but I think it is good in that it brings to light how common click-fraud is. Google may have had a token lawsuit or two, but their fundamental model is still flawed when it comes to preventing click fraud. Even their own CFO talks about how it is a real problem. Google can't solve the problem by suing people, and it is a real hassle to try to track down and report all the fraud to Google and hope for a credit. I think this is positive becau
  • IMHO (Score:4, Insightful)

    by Darth Maul (19860) on Thursday June 30 2005, @08:08AM (#12949447) Homepage
    In my humble opinion, any lawsuit that has the words "failing to protect" in its description is automatically bunk.
  • by utmslave (179598) on Thursday June 30 2005, @08:10AM (#12949462)
    I change my advertising methods. If you bought a full page in the New York Times for advertisement and didn't see an increase in business that coincided with the amount you spent (assume that a rival company with deep pockets purchased about 100,000 subscriptions to the Times to inflate the ad placement cost), you would change your ad placement strategy. This is no different. If you want to sue someone, you need to sue the end-clicker that is causing the inflated ad cost or find another marketing plan.

    .sigs cause cancer!
  • Terms of Service (Score:3, Interesting)

    by robbway (200983) on Thursday June 30 2005, @08:14AM (#12949488) Journal
    Perhaps they should read Google's TOS that prevents their liability for damages of any kind. Plus, if a company pays people to click their ads, they're the one committing the fraud and the only losers are the company itself and the IRS.

    The company is a loser because they paid money for an ad that no one but their own people see. They could have saved money by not purchasing the ad to begin with. The IRS loses taxes because the company is providing service to Google, and then from Google to itself, meaning about half of the transaction taxes evaporate.
    • RTFA

      It's about people working for companies that click on banner adds of their COMPETITORS. You can do the rest of the math yourself.

      Not that it matters much, the whole case is pretty much moot anyway.
  • TOS problems (Score:5, Insightful)

    by frostman (302143) on Thursday June 30 2005, @08:14AM (#12949493) Homepage Journal

    I'm not convinced Google is trying as hard as it should to combat click fraud, and I know how awful their customer service is, but...

    When you sign up for AdSense or AdWords, you do agree to their terms of service, including things like (paraphrasing here):

    • They pay you whatever they think is fair.
    • If they suspect fraud, they do whatever they like (including not paying you); if you suspect fraud, they'll "work with you" to investigate it.
    • On AdWords, you pay for whatever clicks they say you got.
    • On AdSense, they pay you for whatever clicks they say you got.
    • On AdSense, they can advertise their products on your site as much as they want, for free.
    • Their records are authoratitive (though largely secret), yours are corruptible (though possibly interesting).
    • Evil/fraud is what Sergey says is evil/fraud.
    • All your base yada yada...

    Seriously, Google ads have some great advantages on both sides, but if you go down that path you should not bet more money than you can easily afford to lose. You've basically agreed up front that they're always right - and yeah, maybe you can challenge that in court, but don't forget they have twenty lawyers for every click-fraud investigator. :-)

  • Fake Chicks (Score:3, Funny)

    by jolyonr (560227) on Thursday June 30 2005, @08:25AM (#12949555) Homepage
    I'm far more concerned about Fake Chicks that come up using Google Image search. Maybe we should sue.
  • by Georules (655379) on Thursday June 30 2005, @08:26AM (#12949556)
    with my Visa CapitalOne Check Card. It's in my wallet.
  • by raitchison (734047) on Thursday June 30 2005, @08:29AM (#12949586) Homepage Journal

    This seems like a rather obvious case of extortion if you ask me. I can picture the "negotiations" now.

    Click Defense: Buy our software

    Google: No thanks, we're good

    Click Defense: Buy it or we'll file a lawsuit and make lots of public statements saying you are allowing your customers to be ripped off (reminding them that people beleive anything they read on the IntArweb)

    Google: Pack Sand

    Click Defense: You'll regret this, it'll now cost you 10x as much as our shitty software

    Why don't we hold companies and individuals criminally resposible for this kinds of abuse of the legal system?

  • by tod_miller (792541) on Thursday June 30 2005, @08:36AM (#12949629) Journal
    But they didn't seem to want to rock the boat of their solution.

    I once asked them, if I click 5 times on an ad, does that get charged 5 times? They said they couldn't say. All they have to do is stop charging someone for the same IP in the same day lets say.

    Sure, they would loose 15-20% (guesstimate) of clicks right? But wouldn't the service be better value therefore people would spend more?

    Thats all folks.
  • by qodfathr (255387) on Thursday June 30 2005, @08:41AM (#12949654)
    Now that Google is public, I believe that Click Fraud will continue to increase. Think about it for a second:

    1. Buy Google stock.
    2. Perform random searches on Google.
    3. Click every ad.
    4. Google makes $$$ for those clicks.
    5. Stock price goes to $300, $400, ...
    6. Profit!

    It's hard to imaging any other company in which you can invest and, with so little effort, produce revenue for them. Hell, you could be doing something else at the same time! I bet while watching "Dancing with the Stars" you could flow several grand into Google's bank account. If even a small percentage of Google shareholders do the same, it's just like printing money.
  • by Jay Maynard (54798) on Thursday June 30 2005, @08:44AM (#12949674) Homepage
    ...they dropped Schlock Mercenary [schlockmercenary.com] from AdSense, they say, because of invalid clicks. Whether they're doing enough or not is, of course, open to dispute, but they do monitor clickthroughs.
  • by erroneus (253617) on Thursday June 30 2005, @09:18AM (#12949898) Homepage
    Counting clicks as a means of collecting revenue is a flawed business model. It sounds and seems more "precise" somehow, but as it has been pointed out, various forms of employment has actually arisen in low-income countries where people just come in and click away for cash. It's insane and more importantly, easily exploitable.

    Other advertising media use demographic polls to determine the approximate number of eyes and ears on their material. This is a fair means by which the value of advertising can be measured. It means the media will have to pay a reliable source to collect this information and all that but it's not as exploitable as hiring clickers in the 3rd world country to run up the advertising costs of a competitor.

    There's still room for fraud and falsification but the target for such accusation is much easier to define and because of this, they [the poll people] are more likely to protect themselves with auditing and tracking measures should they be accused of, say, siding with Yahoo! or Google when reporting numbers. It would more or less absolve the advertiser and the medium from this problem and actually simplifies the business model considerably.

    The internet advertisers should take a lesson from the rest of the world and simply go with what works. People will cheat every chance they get. It's clear and obvious. So you just have to find ways to reduce that risk.
  • Bunch of Ass Clowns (Score:5, Interesting)

    by Comatose51 (687974) on Thursday June 30 2005, @09:20AM (#12949910) Homepage
    Have you guys read the site? These guys are a bunch of ass clowns.

    http://www.clickdefense.com/terms_of_services.html [clickdefense.com]

    "RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Click Defense, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT)."

    First, you can't disclaim expressed warranties. Also kind of hypocritical that they disclaim all responsibility for their product and turns around and sue Googles for what amounts to a warranty issue.

    Very unprofessional. Obviously a bunch of dumbasses.
    • google does not employ any click patterns analysis, and fraud you have to both expect, plan, pay for, and fight against; mostly by yourself.

      I had a one week adwords saga [bloghi.com]. The bottom line was that if fraud exists, and the claim is right they do react, but one has to act on it, not wait for the PPC carrier to discover it.

      Then since this core flaw exists, great media-opportunist companies appear and sue google in order to gain media exposure. this kind of news should become no news soon enough!

    • Re:Hmmmmm.... (Score:5, Interesting)

      by qodfathr (255387) on Thursday June 30 2005, @08:33AM (#12949609)
      I've been a vicitim of click fraud more than once. Sometimes, Google sees it and sends me a credit. (And by that I mean I did not notice it or report it -- they told me; that was early on in my advertising days, however.)

      I have not had an automatic credit like that in a very long time, but my logs are indicative of click fraud. You can write to Google and get a credit, but, for some ad campaigns, it's just not worth it -- well over 90% of the clicks can be fraudulent. The time invested to keep getting credits may out weigh the value of the campaign. YMMV.
      • So how did you know it was really click-fraud?
        multilple requests from the same IP could be fraud, or it could be a couple of people behind a NAT looking at the same page it's also possible you site had some weird-assed IE only shit that didn't render properly in mozilla or even some pathetic ASP page on a windows server kept timing out and people kept trying to reload the corrupted page. What might it be? If your adveritsing in a magazine, you'll have to assume the the advert you've paid for will only be lo
        • Re:Hmmmmm.... (Score:5, Interesting)

          by qodfathr (255387) on Thursday June 30 2005, @10:03AM (#12950336)
          First, you have to understand how Google runs your ads. You set a daily budget, and once that budget is exceeded, your ad stops. You get a new daily budget a 'midnight' (adjusted for locality, of course).

          So, there are times when, right at midnight, there is a sudden and dramatic rise in the number of queries which would produce my ad, and my CTR goes to 100%. They all come from the a block of IP addresses owned by one of my competitors. Sometimes they come somewhat more scattered in the IP address space, but a few whois searches reveals that all of the offending IPs are related (through business ventures, or have the same registered mailing address, etc.)

          They click the ad until my daily budget is drained, and then my ad stops for the day.