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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.

Laisha

10:31 pm on Mar 23, 2004 (gmt 0)

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Well, gee...other than theft, I don't imagine it's extremely illegal...

ncw164x

10:32 pm on Mar 23, 2004 (gmt 0)

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I think that could be summed up with just one word YES

ncw164x

mayor

10:36 pm on Mar 23, 2004 (gmt 0)

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Each click gets you ten days in the slammer.

Telco_Guy

10:41 pm on Mar 23, 2004 (gmt 0)

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Wait, is your name Michael Anthony Bradley?

HughMungus

10:45 pm on Mar 23, 2004 (gmt 0)

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Well, gee...other than theft, I don't imagine it's extremely illegal...

Hmm...under what law, specifically? Or do you just think it's illegal?

ken_b

10:50 pm on Mar 23, 2004 (gmt 0)

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Are you asking if it's actually illegal in some juristiction or another?

Or are you asking if it's a violation of the Adsensse TOS?

HughMungus

10:59 pm on Mar 23, 2004 (gmt 0)

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Asking if it is illegal according to the laws of, say, the United States. If so, what law? If you say it's fraud, how is it fraud? A click is a click...

ncw164x

11:07 pm on Mar 23, 2004 (gmt 0)

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When you sign up for the adsense program you agree to the terms and conditions set out by google

This is from the program polices page:-
These prohibited methods include but are not limited to: repeated manual clicks, using robots, automated clicking tools, or other deceptive software

ncw164x

Brett_Tabke

11:10 pm on Mar 23, 2004 (gmt 0)

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Against the TOS - yes.
Against the law? Unknown at this time. It is a legal toss up question. In those cases, the winning hand always goes to the guy with the most money (eg: se's would win in court).

ken_b

11:11 pm on Mar 23, 2004 (gmt 0)

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A click is a click...

No it isn't.

There is a big difference between a human clicking on an ad because he is interested in what the ad has to offer and a bot clicking on a ad for noreason other than piling up clicks, and profits, for a publisher at the adverstisers expense.

[spelling edit]

[edited by: ken_b at 11:13 pm (utc) on Mar. 23, 2004]

HughMungus

11:13 pm on Mar 23, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



When you sign up for the adsense program you agree to the terms and conditions set out by google
This is from the program polices page:-
These prohibited methods include but are not limited to: repeated manual clicks, using robots, automated clicking tools, or other deceptive software

Thanks, but I was asking if it was illegal.

ken_b

11:23 pm on Mar 23, 2004 (gmt 0)

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Probably best to ask a lawyer about this if you are unsure.

Brett_Tabke

11:24 pm on Mar 23, 2004 (gmt 0)

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Specifically against the law? The law would have a seriously hard time even understanding the concept, let alone ruling on it. That is why it is a legal toss up question.

I'm sure the se's would call it fraud of some type. However, they have to police their own system for nefarious clicks. There are also legitimate tech issues with browsers that could inadvertantly cause a click. I can write you a page right now, so that it looks fine, but every click on the page would run through an adsense ad with Opera or Mozilla.

Even Googles own serps do not behave correctly in that sense. Does that mean Google guilty of click fraud on their own program? Doubtful, but where would you draw a distinction.

pixel_juice

11:28 pm on Mar 23, 2004 (gmt 0)

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I've always wondered about this. If someone spiders your site without your consent, OK it's annoying and uses up bandwidth, but in terms of law I think this is pretty much legal. (No-one complains that Google does this for instance.)

Aside from the adsense TOS, I personally don't see much legal difference between that and a clickbot.

(re: Michael Bradley - surely extortion is a different matter altogether?)

anxvariety

11:39 pm on Mar 23, 2004 (gmt 0)

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Good luck finding any laws governing the internet.

Google may pay up to try and set and example.. but ultimately it will be their responsibility to prevent this, not the governments.

blaze

11:50 pm on Mar 23, 2004 (gmt 0)

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It's Wire Fraud according to this legal definition:

[lectlaw.com...]

Also, interestingly, "It is not necessary that the Government prove all of the details concerning the precise nature and purpose of the scheme;"

HughMungus

11:54 pm on Mar 23, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I've always wondered about this. If someone spiders your site without your consent, OK it's annoying and uses up bandwidth, but in terms of law I think this is pretty much legal. (No-one complains that Google does this for instance.)
Aside from the adsense TOS, I personally don't see much legal difference between that and a clickbot.

Except that a clickbot would cost someone money with no legitimate benefit for the clickee.

Telco_Guy

12:03 am on Mar 24, 2004 (gmt 0)

10+ Year Member



But only if using a bot to click on ads is considered fraud.

Yes, but the TOS that was agreed upon when signing up for Adsense explicitly prohibits such actions. Therefor, using a bot to click on ads in an attempt to gain money that was to be paid for users clicking those ads would be considered fraud.

SlowMove

12:07 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Suggestion of this activity is just another example of a self centered piece of garbage human. Would you really expect an AdSense advertiser to pay money for ads clicked on by a bot? Is that the purpose of AdSense?

Maybe stopping this kind of thing first could help stop all the theft from scumware affiliates that have been ripping off honest affiliates for years.

HughMungus

12:10 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Yes, but the TOS that was agreed upon when signing up for Adsense explicitly prohibits such actions. Therefor, using a bot to click on ads in an attempt to gain money that was to be paid for users clicking those ads would be considered fraud.

A company's terms of service is not the law. They might be able to ding you with a lawsuit, though (if the TOS agreement is considered a legally binding contract).

HughMungus

12:11 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Suggestion of this activity is just another example of a self centered piece of garbage human. Would you really expect an AdSense advertiser to pay money for ads clicked on by a bot? Is that the purpose of AdSense?

I am under the impression that historically advertising programs have become defunct related to problems with fraud. I can understand you are interested in turning a buck, but don't expect a commendation from the rest of us who acutally try to provide web content which results in a profitable click through for the advertiser.

Not suggesting anything. Just curious following the recent clickbot extortion case.

bird

12:13 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Against the TOS - yes.
Against the law? Unknown at this time.

Pacta servanda sunt.

The TOS are integral part of a contract you agree on with Google.
Breaking a contract is illegal under civil law. Doing so deliberately is fraud, which also makes it illegal under penal law.

markus007

12:14 am on Mar 24, 2004 (gmt 0)

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With billions of dollars at stake i think its just a matter of time before yahoo microsoft and yahoo go after people using clickbots and make an example out of them. If that doesn't work microsoft will build something into IE to track users better, after all there is a lot of $$$ at stake, and no one wants to pass that up.

HughMungus

12:17 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Breaking a contract is illegal under civil law. Doing so deliberately is fraud, which also makes it illegal under penal law.

Whoah. Deliberately breaking a contract = fraud?

Telco_Guy

12:24 am on Mar 24, 2004 (gmt 0)

10+ Year Member



Fraud is defined as a deception deliberately practiced to secure unfair or unlawful gain.

indigojo

12:31 am on Mar 24, 2004 (gmt 0)

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Legally I would have thought that it could be demonstrated that running an automated process for clicking on links is no different than Google running an automated process to harvest links. Although I doubt the court would hold up any revenue claims. I'm only talking about the physical act and of course it's againt the TOS and it would get you in a big pile of poo.

GeekyChic

12:33 am on Mar 24, 2004 (gmt 0)

10+ Year Member



Hmm... legal or illegal... Who would want to do this? It all comes down to one's principle. But I must say.. hopefully people who are getting away with this, will have to pay the price... It's just not right.

HughMungus

12:40 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Fraud is defined as a deception deliberately practiced to secure unfair or unlawful gain.

So is gaming a search engine fraud? How about manipulating someone's cookies so you get the affiliate money?

HughMungus

12:41 am on Mar 24, 2004 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hmm... legal or illegal... Who would want to do this? It all comes down to one's principle. But I must say.. hopefully people who are getting away with this, will have to pay the price... It's just not right.

Nah. Ethics discussions are pointless here.

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