darkyl - 5:41 pm on Mar 14, 2010 (gmt 0)
I have always wondered about this. Looking back to my Business Law class, I remember that a valid contract in California requires 2 things - a valid offer, and acceptance. Any valid offer MUST DEFINE what the consideration will be.
Google does NOT define what the consideration will be - therefore, Google does not have a valid contract with ANY AdSense publisher. Can you imagine the pandemonium that can result if ONE party to a contract is able to unilaterally change the terms, at will? The result = no contract. I think Italy is on to something here. I cannot understand why this has never been challenged in California ("we will pay whatever we feel like" is NOT defined consideration.)
That's exactly the point.
I can't imagine the antitrust authority deciding this "contract" is legally fair or valid.
I think it also has the power to force Google to disclose the mechanics of the comnpensation calculation, maybe even retroactively.
However it goes, it can lead to more transparency for publishers worldwide, italian or not.
Also, this will certainly raise the attention of similar institutions in other countries, epecially in the EU.
I understand most of the secrecy about adsense mechanics is in place to avoid illicit exploitation of the system, but in pratice I think it is too penalizing for honest publishers.