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Are Spiders/Robots that Click illegal?

ClickBots illegal?

         

HughMungus

10:19 pm on Mar 23, 2004 (gmt 0)

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Would it be illegal to setup adsense on my website and use a clickbot with proxies to click on my own ads to make money?

Just curious.

Telco_Guy

8:05 pm on Mar 25, 2004 (gmt 0)

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I think I remember reading something that said that one of the charges against Michael Bradley was interfering with commerce.

blaze

8:21 pm on Mar 25, 2004 (gmt 0)

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pixeljoos, I think the point which you are obviously missing out of some bizarre desire to police things, is that fraud is not really an issue.

if google didn't have passwords on accounts, do you think they could really go around suing people for logging into other people's accounts illegally? no, they'd simply be asked to put passwords on accounts.

Click-botting is the same thing. Google can easily deal with this, so why bother arresting people? why not just close up an obvious hole rather than waste the courts time. Which I'm sure is why they didn't bother paying off that AdSense clique guy.

To put it more simply- it's not illegal because no one cares.

pixel_juice

8:34 pm on Mar 25, 2004 (gmt 0)

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>>pixeljoos, I think the point which you are obviously missing out of some bizarre desire to police things

Blaze, I was already rather tired of your misguided personal comments. I will politely ask again that you either keep your posts on topic or refrain from posting at all. You know absolutely nothing about me, and you would be wise to keep your judgements to yourself.

>>Click-botting is the same thing. Google can easily deal with this, so why bother arresting people? why not just close up an obvious hole rather than waste the courts time. Which I'm sure is why they didn't bother paying off that AdSense clique guy.

I don't know how much you know about clicktracking, or simulating human traffic, but perhaps the amounts demanded in the Adsense clique thing might give you an idea of the scale on which this kind of system might successfully operate. You asked the question yourself: "why bother arresting people?".

>>even if you don't agree to the TOS or run it for profit, IMO using a clickbot to click on AdSense ads would still be illegal (although maybe not fraud).

I'm uncormfortable with this idea. It seems to suggest that the making a bot that goes and clicks on things can in itself be illegal, which I guess was why I brought up the Googlebot comparison.

[edited by: pixel_juice at 8:41 pm (utc) on Mar. 25, 2004]

varya

8:40 pm on Mar 25, 2004 (gmt 0)

10+ Year Member



On the subject of spiders and caching and copyrights.

Caching web pages without permission is almost certainly a violation of copyrights. Courts haven't ruled on it yet, though it seems to me that there is a case working it's way up the system.

As far as spidering and viewing, no. When you place an item on the internet you are extending an "implied license to browse." The act of placing on the net is implied permission to access it.

If you wish to revoke the implied license, you must take the steps to do so, by using passwords, robots.txt, .htaccess, etc.

No, I'm not an attorney... I came across this info when I was researching the implications of Opera's use of Adsense, which sends the Mediabot out to sites that haven't signed up with Adsense.

And to keep this on topic, are clickbots in and of themselves illegal. Almost certainly not. It matters a lot what you're going to do with it. If your intent is to crash a server by clicking it oblivion, or defraud advertisers by clicking ppc ads, then those actions are illegal.

Shak

9:05 pm on Mar 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



wow, what a thread.

I dont spend too much time in jenstars forum, but this was a real informative thread.

as for the commercial click bot service in Russia or Eastern Europe, what makes you think that there isnt already such services being run , right in the USA and UK?

Shak

blaze

9:09 pm on Mar 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



"I don't know how much you know about clicktracking" -
look who's getting personal?

The issue isn't about me and what I know, but rather what I am saying.

And what I am saying to you is that it's not an issue because basic statistical analysis can determine when clicks are generating meaningful conversions and when they are not.

If they are not generating conversions, than Google will simply refrain from paying out a high EPC. If this becomes more widespread, they will simply encourage more and more conversion tracking the widerspread the issue is.

Like putting a password on a user-account. It's not fraud, because Google could not really care less.

As for how much some nut is charging for AdSense Clique .. how does that forward any argument - what kind of logic is this? The appeal to nutjob?

pixel_juice

9:36 pm on Mar 25, 2004 (gmt 0)

10+ Year Member



>>If they are not generating conversions, than Google will simply refrain from paying out a high EPC. If this becomes more widespread, they will simply encourage more and more conversion tracking the widerspread the issue is.

Perhaps, but are Google just about to introduce this? Or just as importantly, are Overture or any of the other pay per clicks and affiliate schemes that charge based on clicktracking systems?

And clickbots are just a question of scale. Paying real people to click on ads is not unheard of. Just think of cost per click / clicks per hour / minimum wage.

>>look who's getting personal?

Please consider what you implied in msg #58 - the original reason I asked you to stay on topic.

blaze

9:47 pm on Mar 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Odds are very good that they have already introduced this. Overture and Google have conversion data from probably about 40% of their adwords customers.

If I had this data and I was rightfully concerned about fraud, I would not hesitate to use it. Odds are very good that they are doing basic statistical analysis to determine which clicks are converting as compared to the average adsense / average adwords campaign and which clicks are not.

I mean .. if you were making billions of dollars a year don't you think you'd hire a first year stats student to do the math required?

As for the original thing, I was refering to your logic, not you. I don't think it's an issue me being personal but an issue of you taking things personally.

Shak

9:52 pm on Mar 25, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Odds are very good that they have already introduced this. Overture and Google have conversion data from probably about 40% of their adwords customers.

NOT correct!

Shak

HughMungus

7:38 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If your intent is to crash a server by clicking it oblivion, or defraud advertisers by clicking ppc ads, then those actions are illegal.

How so? What law? Where in the law (not TOS) does it say that a person has to click the ads for them to be counted?

Telco_Guy

8:00 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



How so? What law? Where in the law (not TOS) does it say that a person has to click the ads for them to be counted?

You just don't seem to get it. I doubt that there is currently a law that specifically talks about clicking on ads, but there are laws about committing fraud. And, if your intent with the click bot program is to generate revenue then, based on the TOS this is fraud. And the TOS is very much a part of this since this is what denotes this a fraud.

blaze

8:10 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Not not correct!

!?

What kind of posting is that? I know a lot of AdWords websites that use Google conversion. I was being convserative.

Anyways, why would Google support something if it went completely unused?

cminblues

8:29 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



if your intent with the click bot program is to generate revenue then, based on the TOS this is fraud.

But, what if I [the owner of the clickbots] sell traffic to webmasters, [and the webmasters are unable to identify human traffic vs clickbots traffic..]?
I'm not infringing any TOS.. at least _not_ the TOS of the ads on the sites of my buyers.. and the buyers too.. they dont know about my bots.

HughMungus

8:41 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You just don't seem to get it. I doubt that there is currently a law that specifically talks about clicking on ads, but there are laws about committing fraud. And, if your intent with the click bot program is to generate revenue then, based on the TOS this is fraud. And the TOS is very much a part of this since this is what denotes this a fraud.

Again: The TOS is not the law. A company can put whatever it wants in its TOS but that does not make violating the TOS *illegal* as in you will be charged with a crime. That's what I'm asking --is it illegal, not is it a violation of the TOS.

varya

8:54 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



I said, "If your intent is to crash a server by clicking it oblivion, or defraud advertisers by clicking ppc ads, then those actions are illegal."

HughMungus replied:
How so? What law? Where in the law (not TOS) does it say that a person has to click the ads for them to be counted?

Let's try this again. Read what I said above. I said that trying to crash a server, or engaging in fraud is illegal.

Go back and read my entire original post. I actually said that I doubted that clickbots themselves are illegal, but the activity you are engaging in with it may be illegal.

Using a hammer is not illegal. However, if you use a hammer to smash all the windows at a local store, or to murder someone, you'll quickly find out that such actions are illegal. Arguing that the law doesn't prohibit using hammers has nothing to do with whether or not your actions are illegal.

Clickbots, as software, are probably not illegal at this time. Using them to engage in fraud certainly is.

XtendScott

9:23 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



Why don't you just walk up to the advertiser and take the money out of his/her wallet? Or get thier CC# and make purchases with thier #.

Is that illegal? Where do yo draw the line for theft? I don't see much difference.

tombola

9:26 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



Using a hammer is not illegal. However, if you use a hammer to smash all the windows at a local store, or to murder someone, you'll quickly find out that such actions are illegal. Arguing that the law doesn't prohibit using hammers has nothing to do with whether or not your actions are illegal.

Clickbots, as software, are probably not illegal at this time. Using them to engage in fraud certainly is.

Good point, varya.
Can we now finish this word game, or is this a forum for would-be lawyers?

pixel_juice

9:39 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



The problem I see is that Google alone are the judges of what is a 'valid' click and what is a 'fraudulent' one.

cminblues

10:09 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



Good point, pixel_juice!
So, if the clickbots arent illegal..
it could be _so_ funny to setup and run some of these..
and watch at what happens.
Apart from any commercial-money issue, the internet is still a free zone, much more than the physical "lands".
And to mimic a browser in an automated way.. is a great exercise: you'll end up understanding the protocols, the [browser's, mainly..] flaws, the _true_ client-server web speaking.
Not to say about cheating with Google without any economic interest.. only as a joke/challenge.

HughMungus

10:37 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Go back and read my entire original post. I actually said that I doubted that clickbots themselves are illegal, but the activity you are engaging in with it may be illegal.

Oh so it might be illegal.

Clickbots, as software, are probably not illegal at this time. Using them to engage in fraud certainly is.

Oh so it is illegal.

Thanks for clarifying.

jomaxx

10:45 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



cminblues, HughMungus: How is this hard to understand?

Spiders are not illegal; in fact I have a half dozen installed on my computer. But if I were to use a spider to flood a website with requests in order to disrupt their business "as a joke/challenge", that's an illegal act. No amount of smirking hypotheticals will change that.

HughMungus

10:55 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Spiders are not illegal; in fact I have a half dozen installed on my computer. But if I were to use a spider to flood a website with requests in order to disrupt their business "as a joke/challenge", that's an illegal act. No amount of smirking hypotheticals will change that.

I agree that some forms of technology that are illegal can be used illegally.

That doesn't answer my question about whether a clickbot would be legal or illegal.

cminblues

10:59 pm on Mar 26, 2004 (gmt 0)

10+ Year Member



No flooding.
I was talking about mimic the browsers.. or, better the humans _using_ the browsers.
And, strictly, I dont want to disrupt anyone business.
I dont have any interest in that.
But the point is.. it is that [-> "to mimic the browsers"] illegal?
The question still remains unanswered, IMHO.

p.s. about "disrupting business".. if I have a monopoly, in fact I disrupt all the competitor's business.

blaze

11:12 pm on Mar 26, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Try spidering ebay. I have had phone conversations with their people in charge of data protection. Wooh! You don't want them knocking on your door..

mayor

1:44 am on Mar 27, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



The Ten Commandments says ... "Thou shalt not steal".

That says it all. Your thiefware is illegal.

cminblues

3:31 am on Mar 27, 2004 (gmt 0)

10+ Year Member



Ok, apart from jokes..
I think the question is _very_ interesting.
Nobody has explained if and why the actions of the clickbots can be "per se" illegal.
Of course a clickbot do mimic a "human" click.
But the "clicked" objects, in this case [the adv banners], are public, so..
do we must assume that the "web objects" arent for bots?
If so.. the SEs spiders too are illegal.

pixel_juice

3:13 pm on Mar 27, 2004 (gmt 0)

10+ Year Member



Permit me to run through what I think I've learned from this thread:

- Clickbots and spiders are not in themselves illegal

- Breaking the Google TOS might be proved to be illegal in court (even if I have not agreed to it?)

- Using a clickbot or spider on certain parts of the web might therefore be illegal, regardless of intent.

I personally believe this is still an interesting (and far from clear) question since the existence of programs to simulate human traffic, and the ability of these programs to 'deceive' clicktracking systems is undeniable.

I'd be extremely interested in the implications (for search engine spiders in particular) if a case like this ever made it to court. To say that spiders are allowed to spider because websites are public, might be forgetting that the links a clickbot might follow are also in this public space.

blaze

11:15 pm on Mar 27, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



It has been to court. Check Google news. Our company specifically went up against another who was spidering our site and then republished the data.

We won on interfering with our business (we had server issues) and they won on the basis that we libeled them to their customers - we said they were stealing data .. apparently you can not transfer copyright that easilly, I guess.

cminblues

2:22 am on Mar 28, 2004 (gmt 0)

10+ Year Member



> Our company specifically went up against another who
> was spidering our site and then republished the data.
Here, the action you pursued, is _not_ the spidering of your site.

> interfering with our business (we had server issues)
Again, "clickbotting" itself doesnt harm servers.
This thread isnt about DOS, its about clickbots legality/illegality.

papercut

2:54 am on Mar 28, 2004 (gmt 0)

10+ Year Member



entering into a contract with the intention to break that contract IS illegal...dimwit.

you are probably writing viruses and harvesting emails that you sell to spammers too right? that is, until a law prevents. get outta here.

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