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What is Click Fraud?

Click fraud is a type of internet crime that occurs in pay per click online advertising when a person, automated script, or computer program imitates a legitimate user of a web browser clicking on an ad, for the purpose of generating a charge per click without having actual interest in the target of the ad’s link. Click fraud is the subject of some controversy and increasing litigation due to the advertising networks being a key beneficiary of the fraud.

Use of a computer to commit this type of Internet fraud is a felony in many jurisdictions, for example as covered by Penal code 502 in California, USA, and the Computer Misuse Act 1990 in the United Kingdom. There have been arrests relating to click fraud with regard to malicious clicking in order to deplete a competitor’s advertising budget.

Who Would Do Click Fraud?

A source of click fraud is non-contracting parties, who are not part of any pay-per-click agreement. This type of fraud is even harder to police because perpetrators generally cannot be sued for breach of contract or charged criminally with fraud. Examples of non-contracting parties are:

* Competitors of advertisers: These parties may wish to harm a competitor who advertises in the same market by clicking on their ads. The perpetrators don’t profit directly, but force advertiser to pay for irrelevant clicks thus weakening or eliminating a source of competition.
* Competitors of publishers: These persons may wish to frame a publisher. It is made to look like the publisher is clicking on its own ads. The advertising network may then terminate the relationship. Many publishers rely exclusively on revenue from advertising and can be put out of business by such an attack.
* Other malicious intent: As with vandalism, there’s an array of motives for wishing to cause harm to either an advertiser or a publisher, even by people who have nothing to gain financially. Motives include political and personal vendettas. These cases are often the hardest to deal with, since it is hard to track down the culprit, and if found, there is little legal action that can be taken against them.
* Friends of the publisher: Sometimes upon learning a publisher profits from ads being clicked, a supporter of the publisher (like a fan, family member, or personal friend), will click on the ads to help. However, this can backfire when the publisher (not the friend) is accused of click fraud.

Advertising networks try to stop fraud by all parties, but often do not know which clicks are legitimate. Unlike fraud committed by the publisher, it is hard to know who should pay when past click fraud is found. Publishers resent having to pay refunds for something that is not their fault. However, advertisers are adamant that they should not have to pay for phony clicks.

Class action lawsuits

* Disputes over the issue have resulted in a number of lawsuits. In one case, Google (acting as both an advertiser and advertising network) won a lawsuit against a Texas company called Auction Experts (acting as a publisher), which Google accused of paying people to click on ads that appeared on Auction Experts’ site, costing advertisers $50,000. Despite networks’ efforts to stop it, publishers are suspicious of the motives of the advertising networks because the advertising network receives money for each click, even if it is fraudulent.

* In July of 2005, Yahoo settled a class action lawsuit against it by plaintiffs alleging it did not do enough to prevent click fraud. Yahoo paid $4.5 million in legal bills for the plaintiffs, and agreed to settle advertiser claims dating back to 2004 [4]. In July of 2006, Google settled a similar suit for $90 million.

* On March 8, 2006, Google agreed to a $90 million settlement fund in the class action lawsuit filed by Lane’s Gifts & Collectibles. The class action lawsuit was filed in Miller County, Arkansas by Dallas attorneys, Steve Malouf, Joel Fineberg, and Dean Gresham.

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