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  1. #1

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    [2008] DigitalPoint's Shawn Hogan sued by Ebay
    Saw this around...

    http://www.courthousenews.com/2008/0..._Stuffers_.htm

    Court Document:

    http://www.courthousenews.com/2008/08/26/eBay.pdf

    SAN FRANCISCO (CN) - Three men defrauded eBay in a "cookie stuffing" scheme that made it appear the men's companies should be paid commissions, eBay claims in Federal Court. It sued Shawn Hogan and Digital Point Solutions, Todd Dunning and Kessler's Flying Circus, and Brian Dunning and Thunderwood Holdings.
    eBay says the men devised software programs that, "unbeknownst to the [computer] user, redirected the user's computer to the eBay Web site without the user actually clicking on an eBay advertisement link, or even becoming aware that they had left the page they were previously viewing. As a result, the eBay site would be prompted to drop an eBay cookie on the user's computer even though the user never clicked on an eBay advertisement or even realized that their computer had ever visited the eBay site."
    The complaint continues: "once the cookie was stuffed on the user's computer by one or more of the defendant's any future revenue actions initiated by that user when the user later visited eBay intentionally, and not as a result of any advertisement places by defendants, appeared to be eligible for commissions payable to one of the defendants".
    eBay claims the defendants also used deceptive means to prevent it from discovering the fraud, and to conceal it. eBay demands compensatory, treble and punitive damages. It is represented by David Eberhart with O'Melveny & Myers.

  2. #2
    ABW Ambassador Boom or Bust's Avatar
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    Love it when the hammer (uh... gavel) comes down on the cheaters!
    Last edited by Boomers; August 28th, 2008 at 07:25 PM.



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  3. #3
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Thumbs up
    Schweet!
    Continued Success,

    Haiko
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  4. #4
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    Yowza... big news indeed!!

    I popped over to DP, pretty lively chatter going on.. some users getting banned...

  5. #5
    ABW Ambassador simcat's Avatar
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    Oh Oh, prepare for a big influx of 'buy my ebook & get rich' types. Weasels gotta eat y'know.

  6. #6
    ABW Founder Haiko de Poel, Jr.'s Avatar
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    Most already know that ABW don't dance that dance.
    Last edited by Haiko de Poel, Jr.; August 28th, 2008 at 08:40 PM.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  7. #7
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    The banned users were the ones speaking out against Shawn.. ironic, eh..?

    You know, I'm feeling pretty pleased.. shows there is hope for those of us who play by the rules!

  8. #8
    Troll Killer and best Snooper!
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    Prosecuting cookie stuffers? Woohoo!

    Some people are going to have to find themselves a new business model now.

  9. #9
    ABW Ambassador simcat's Avatar
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    Hey cookie stuffings got to be kosher if these power affiliates think it is, rrrrright?

    check the 2nd comment
    http://ww w.shoemoney.com/2006/09/10/google-teams-up-with-ebay-cookie-stuffer-misspellitcom/

    actually maybe it's not cookie stuffing if ebay doesn't mind it.

  10. #10
    ABW Veteran Mr. Sal's Avatar
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    You know, I'm feeling pretty pleased.. shows there is hope for those of us who play by the rules!
    I agree!

  11. #11

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    http://dockets.justia.com/docket/cou...ase_id-206526/

    The charge (complaint) in this matter appears to be the violation of 18:1962 Racketeering (RICO) Act. So the matter is over racketeering. Very interesting.

  12. #12
    ABW Ambassador 2busy's Avatar
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    Excellent!

  13. #13
    ABW Ambassador Boom or Bust's Avatar
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    Quote Originally Posted by simcat
    Hey cookie stuffings got to be kosher if these power affiliates think it is, rrrrright?

    check the 2nd comment
    http://ww w.shoemoney.com/2006/09/10/google-teams-up-with-ebay-cookie-stuffer-misspellitcom/

    actually maybe it's not cookie stuffing if ebay doesn't mind it.
    As I understand cookie stuffing, it's done by software writing a cookie directly to the hard drive without even visiting the affiliate link. So by that definition, this ISN'T cookie stuffing. A toolbar button that takes you to eBay to search for items by using mis-spelled search terms through an affiliate link would be considered a parasite.



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  14. #14
    Full Member Jim Guinn's Avatar
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    I'm lovin' it!
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  15. #15
    ABW Ambassador simcat's Avatar
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    So by that definition, this ISN'T cookie stuffing.
    I actually tried to test misspellit toolbar, but firefox wouldn't let me download it.

    ("Toolbar" will not be installed because it does not provide secure updates)

  16. #16
    OPM and Moderator Chuck Hamrick's Avatar
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    I suggested that maybe parasites could be pursued via the RICO Act eariler this year. HOT DAMN!!

  17. #17
    ABW Ambassador Boom or Bust's Avatar
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    Quote Originally Posted by Chuck Hamrick
    I suggested that maybe parasites could be pursued via the RICO Act eariler this year. HOT DAMN!!
    Good call. I hope they're able to make the strategy stick. Seems that this would make it a criminal trial, not just a civil law suit...



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  18. #18
    Outsourced Program Manager Chris -  AMWSO's Avatar
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    What cookie stuffing is unethical... well fancy that

    I bet a more than a few folks have suddenly found it hard to breath : tight chest, empty wallet, panic attack!

  19. #19
    AM Navigator Geno Prussakov's Avatar
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    Quote Originally Posted by Chris - AMWSO
    ...tight chest, empty wallet, panic attack...
    , hospitalization (imprisonment?)

    Geno

  20. #20
    Merchant & ABW Ambassador
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    no amount demanded yet..

  21. #21
    Outsourced Program Manager Jorge - SHOPiMAR's Avatar
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    Great to hear finally they're getting some of these stuffers out of the game and the pdf details everything, looks good for eBay and for honest affiliates.

  22. #22
    Analytics Dude Kevin's Avatar
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    Affiliate marketing needed a 100% positive story this year, and this may well be it.

    Lunch just got real expensive for those that were eating for free, eh?
    Kevin Webster
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  23. #23
    ABW Ambassador Boom or Bust's Avatar
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    For those who poopaw eBay/ePN over scam resistant ACRU policy changes and canning questionable affiliates, this latest news serves to confirm my comment here; forum.abestweb.com/showpost.php?p=863088&postcount=43.

    Referring to ePN booting, exposing, and going after the bad guys...
    QUOTE: nakedgamer "They also don't realize that eventually the BH will find new ways to scam the system even if they don't release the information."
    QUOTE: Boomers "That may be, but how many other merchants/networks do you know of that work at it this actively (excepting SAS)."

    Disclaimer: No offense intended nakedgamer. Just tooting my own horn...



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  24. #24
    Full Member Jim Guinn's Avatar
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    Honk Honk!
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  25. #25
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    Quote Originally Posted by Boomers
    For those who poopaw eBay/ePN over scam resistant ACRU policy changes and canning questionable affiliates, this latest news serves to confirm my comment here; forum.abestweb.com/showpost.php?p=863088&postcount=43.

    Referring to ePN booting, exposing, and going after the bad guys...
    QUOTE: nakedgamer "They also don't realize that eventually the BH will find new ways to scam the system even if they don't release the information."
    QUOTE: Boomers "That may be, but how many other merchants/networks do you know of that work at it this actively (excepting SAS)."

    Disclaimer: No offense intended nakedgamer. Just tooting my own horn...
    That's another thread but not quite. When you open up on a third party platform that encourages pushing the gray area and has parasites in it and you let them approve/disapprove affiliates, you probably have all kinds of bad players in your program. This is a good step but they need to handle the other stuff as well. Is there an Ebay kicked out Auctiva thread somewhere that I'm missing? Nah.

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