Maybe the answer lies in understanding the scale of the fraud better. With this kind of information everyone would be able to see what was in it for them. Personally I'm of the opion at least 1% of all the clicks we recieve have some sort of click fraud but I do not have any hard proof of this.
If you believe the recent ClickForensics report, the amount of click fraud overall has been estimated at 13.7%. A summary of the report is available here [fool.com].
IMO, this number is too low. But the courts might accept this as a more valid number. I think it is closer than the amount of click fraud that is implied by G's proposed settlement.