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. . . the lack of transparency in how they're calculated.
After an initial review of Adsense Terms & Conditions, the authority outlined the following: (translation)
- Google is not obliged to communicate how the payments are calculated;
- The payments are calculated exclusively from data that Google holds;
- Google can modify at any moment the price determination and payment structure at its discretion.
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.)
I doubt Google would pull out of Italy. They might, however, just fire all their Italian AdSense publishers.
[edited by: incrediBILL at 6:00 am (utc) on Mar 16, 2010]
[edit reason] edit per JS_Harris [/edit]
Or else what?
I can't imagine the antitrust authority deciding this "contract" is legally fair or valid.
It seems to me that, in order for the contract to stand up to scrutiny in UK law
...but many may see ...