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---- PayPerClick Class Action Law Suit


janethuggard - 5:54 am on Apr 6, 2005 (gmt 0)


If I own a milk truck, and I use a toll road to make it to a new customer, and after paying the toll the first night, I round a corner and fall into a huge sink hole... and that sink hole has been there for two years, and the DOT knew about it, and didn't put up any warning, are they responsible for lack of revenue due to the complete destruction of my only truck? Are they responsible for my injuries? Are they responsible for punitive damages? Yes.Yes.Yes. If I die in that crash, is it criminal neglect? Yes.

They can not put a deer crossing sign for a warning, and say they warned me of dangers on the road. If I am looking for deer, and not expecting town size sink holes, I have not been warned.

They didn't create the hole, but they knew it existed. That is contributing, even if the sink hole was a result of a spring pumping out too much water on the connecting property. Would you just sue the property owner next door who created the problem, or the DOT too? The DOT too, of course.

If they warn me that there is click fraud going on, theives using click software, so I know to check my logs for repeat ips, does that mean they don't have to tell me that there is fraud that I can not detect, and they can not either? No. I have not been warned. If I knew that there was a likihood that a high percentage of my ad dollars were going to fraud that could not be detected, I might just go with flat rate banners. I think that is the case they are making, and it is a good one.

If you know something is wrong, and do nothing to correct it, or warn others, then you are responsible of criminal neglect, when a felony is being committed.
I think, that the advertisers and public in general, believe that the search wizards can create programs to resolve the fraud, and for the most part, feel they are doing as much as they can. Since the problem can not be resolved, in bulk, by the system wizards, should they shut down the ad servers, until they can resolve the problem? If they know about it,yes. If they dont' know about it, why not?

There is only so much they can do from within the box. The problem is the largest threat is from outside the box, in the u.s., and they are not addressing that problem.

The ad servers say they know fraud exists, and they are doing everything prudent to prevent it, catch it, and prosecute it. I'm sorry to say, that is not true, if they believe they can do it with modifications to the program. Program tweeking only resolves a small part of the potential fraud. Non-program loopholes, are much more destructive, and more difficult to identify and correct... the more sophistocated ones, impossible to detect.


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