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Webhost Sues Google

TheOcho writes "Webhost company AIT has decided to file a class action lawsuit against the internet giant Google. According to the article the dispute is over click fraud. AIT claims they have lost around $500,000 due to fraudulent clicks. They claim that Google is hitting their website from 'the same IP addresses'."

20 of 233 comments (clear)

  1. A news article with a press release cool by portwojc · · Score: 4, Insightful

    AIT stores

    AIT launched its first storefront Thursday in Chicago.

    The Fayetteville Web hosting company plans to open one or two stores each month in 2006 as part of a $5 million campaign to expand the company.


    Convenient both are occuring at the same time so it can be mentioned in the same article. Looks like a news story then turns into a press release.

  2. I don't get it by gnud · · Score: 4, Interesting

    Isn't this their own fault if they neglect to add a rel=nofollow? Besides, the advertising agreement ought to exclude known crawler IPs like google,yahoo etc.

  3. Right off the bat... by Cherita+Chen · · Score: 5, Interesting
    I can already see a major problem that AIT will have in actually winning this case. What about traffic that has been proxied? At one point or another, most network/systems administrators, when reviewing their log files, have wondered why they are seeing so much traffic from the same IP address located in "Reston, VA". This is of course the location of America Online's proxy servers.

    Is it just me, or does their case seem a little weak?

    For more info on the AOL proxy phenomenon http://webmaster.info.aol.com/proxyinfo.html

    --
    I'm not fat, just big boned...
    1. Re:Right off the bat... by amling · · Score: 4, Funny

      It is of course also the origin of the Reston strain of the Ebola virus. Coincidence? You decide.

      --
      70e808a22cb027cde4a6abddf6435d55
    2. Re:Right off the bat... by jander · · Score: 5, Interesting
      A weak case has never stopped Clarence Briggs before. If you look up "Litigious Bastard" in the dictionary, you will find his name.

      I used to work for this Asshole when it was first started, and when I quit, I was served with an injunction preventing me to go to work for my new employer, two days after christmas. It didn't matter that NC is a right to work state, and that the company I was going to work for was a consulting company that had NOTHING to do with web hosting - He was just pissed that I had the audacity to leave my low-pay, high stress job for something better. And, from my observations while working there and from what I have heard from people afterwards; unless you leave the company on his terms and with his blessings, you can expect to get sued. BTW - even though the injunction was immediately thrown out when it was heard by a judge, It ended up costing me about 10 grand in lost pay, and legal fees

      Which was why, I assume, one of the first things he did when he went "corporate" was NOT to pay the people who got him that far any better, but instead directly hire a lawyer to his staff...

      It's my opinion that Clarence Briggs is the Darl McBride of the Web Hosting industry - in fact, when the whole SCO vs IBM litigation was started, I almost had to wonder if Darl wasn't being advised by CB.

      To tie this into the parent - It wouldn't occur to them that a large majority might be from proxies... You would have to be experienced enough/smart enough to infer this, And most people that I know who meet these requirements are also smart enough to stay away from AIT. Besides, when has the facts ever been relevant to people like Briggs and McBride

      I won't go into how his entire web hosting business is built off of free software...

      I wouldn't be suprised if he tried suing me again, just for posting this, - and yes, he has/had little butt warts who's only job (as far as I knew) was to google his name/troll newsgroups for bad press about him or AIT, then spread FUD/Sue/or attempt to discredit the poster.)


      btw, this is all my opinion and protected by the first amendment, so FOAD Briggs
      --
      An ounce of perception is worth a pound of obscure
    3. Re:Right off the bat... by ruhk · · Score: 4, Interesting

      Fuck me dead. Let me lend Jander some backup here. I was the NT admin at AIT when the stuff with Jander went down. It was ridiculous. Not long after, Clarence had me giving him access to people's Exchange accounts and breaking into their PCs so he could get at their files on the grounds they might "betray" him. That's the word Clarence used. Clarence went so far as to show up at one guy's (Ray, it was) WITH A SHERRIFF and demand access to the guy's home computer.

      The final straw for me was when he wanted every one of the *nix and NT administrators to provide financial disclosures not only on themselves, but their immediate family members as well. I got off relatively easily: I only had to pay clarence about $5300 to keep him off my back. A guy who left after me MOVED TO BAHRAIN to get away from Clarence.

      FOAD Briggs, indeed.

      Anyway, Jander, how things are going better for you and your family.

      --



      404 Error: .sig not found.
  4. They do have a point by u2boy_nl · · Score: 5, Insightful

    "My question to them is simple," Briggs said. "Don't you think you have a right to see which IP addresses you were charged for?"

    Well they do have a point.
    Google has this data, why not make it available?

    If i were an advertiser I would want to be able to to verify that the bills Google sends me are indeed correct. Right now it seems that advertisers have no way of doing that?

    But I can see why Google is reluctant, providing this data incurs more costs, and I can imagine that there will be a lot of advertisers who are going to argue with them about their bills.

    1. Re:They do have a point by XorNand · · Score: 4, Interesting

      Why can't they track the referrals themselves? When creating Adwords, you input two URLs: one that's show in the bottom of the ad, and one that the clicker is actually sent to. You set the first parameter to http://www.fuzzybritchesbandit.com/ and the second to http://www.fuzzybritchesbandit.com?campaign=adword s. You then compare your HTTP logs against Google's clickthrough reports.

      This would ensure that you aren't getting charged for clicks where there are none. But there's also the possiblity that some sort of script *is* clicking just to drive your bill up. Now if this company has paid Google a half million dollars, they should have some pretty substantinal visitor data to mine. They should know what the typical visitor does once they arrive, e.g. the mean time spent on the site is 8.5 minutes, they're 76% likely to click on the features page first and then page second. Sooo... If they getting a bunch of clickthroughs from the same IP and the path/time through the site for each session is either a) identicial to the other sessions from that IP (a stupid bot that takes the same path everytime) or b) dramatically varies from the metrics of typical visitor (a semi-stupid bot that randomly traverses the site), then you know something is bunk.

      Like others have said, just saying "we have a lot of people from the same IP address" isn't good enough to pursue a claim of fraud. You'd think a webhost with a half-million dollar advertising budget would have the technicial staff who could tell them the same thing.

      --
      Entrepreneur : (noun), French for "unemployed"
  5. Hyperlinks are Hyperlinks by Scoria · · Score: 4, Insightful

    Not surprisingly, the article is light on technical details. I don't believe that a corporation such as Google would seemingly overlook a simple address filter containing IP ranges used by known legitimate crawling agents.

    Maybe spam agents were indexing the AIT Web sites in an effort to aggregate data like published e-mail addresses. The article just doesn't tell us much. If that were the case, however, Google wouldn't have many options. They could add end-user validation to each advertisement (i.e., "Repeat the alphanumeric string so that we know you aren't a robot!"), which would obviously inconvenience the user and ultimately decrease traffic, or they could create ban filters. I would suppose that the latter option might also garner various legal accusations.

    It sounds as though AIT could have incurred a legitimate loss, but are pursuing a large corporation whose employees aren't exactly known by most people for their negligent behavior. If my suspicions are true, however, how could Google engineers manage to prevent "click fraud" while balancing the usability of their service? Nobody wants to spend thirty seconds validating themselves as a human to an advertisement. Maybe AIT would have better luck pursuing the (hypothetical) spammers.

    --
    Do you like German cars?
  6. /. Owes me at least $500,000 by Quirk · · Score: 4, Funny
    I've been clicking the refresh button @ /. since the late 90s.

    Gee at maybe ~100 clicks/day for ~7 years I must have driven advertising revenue for the site to the tune of at least $500,000... I mean, even before the site had ads my obsessive compulsive hourly refresh rate drove the popularity of the site to where the guys made an OK buck the first time it sold.

    So consider this post my invoice in the sum of $500,000. I'll take it out in credit at Think Geek, but not in subscription dollars... or, just knock off the dupes, hell, knock of the dupes and I'll subcribe.:)

    --
    "Academicians are more likely to share each other's toothbrush than each other's nomenclature."
    Cohen
    1. Re:/. Owes me at least $500,000 by DrXym · · Score: 4, Insightful
      I've been clicking the refresh button @ /. since the late 90s.

      With google, you pay when someone clicks on your link rather than how often the ad appears. You name your price for how much you'll pay for each click and that governs where and how often your ad appears. Obviously the more you'll pay for your keywords, the more Google will show it and the more impressions it will make. A part of that price you pay goes to the site that hosts it. Therefore I can reward a host site simply by clicking on their ads. I suppose in a way this classifies as "click fraud" since I rarely have the intention of buying whatever is being sold.

      Another bonus (or detriment depending on your POV) of pay-per-click is that you can "punish" advertisers that you don't like. A real-life example is the word "evolution". Fundamentalist religious outfits have paid for that word and consequently you see their ads all over biology and scientific sites that mention it. I click on the links since the concept of religious crazies paying scientists is deliciously ironic. This too could classify as "click fraud".

      Until the day that Google installs mind probes in every human being, it seems unlikely that they can do anything about either of these common situations. As long as such "click fraud" is essentially random and indistinguishable from background noise there is nothing they could do to stop it. Nothing at all.

  7. Re:Summary is wrong... by aug24 · · Score: 4, Insightful
    The summary is badly written, not wrong.

    They can see IP addresses for clicks in their server referrer urls and thus they know that many are frauds (see slashdot et al passim for more info on fraudulent clicks).

    Their complaint is effectively that google doesn't provide them with this info and so they have been asked to pay for X clicks when they would like to pay for Y distinct clicks.

    They really have no case. Imagine a guy being paid to hand out leaflets in the street... suppose some other guy keeps walking back and forth taking a leaflet - is that the fault of the leaflet guy?

    Justin.

    --
    You're only jealous cos the little penguins are talking to me.
  8. Well this is interesting... by tsm_sf · · Score: 4, Interesting

    Quote from TFA:

    "It's wrong, and stealing and lying are wrong," AIT President Clarence Briggs said. "Somebody needs to do something about it."

    And a quick search finds this page: http://advocate.soundtrax.net/ait-suit.asp, a class action against AIT for, and I double-quote, "Stealing People's Money".

    Hmm!

    Here is a press release from AIT. My favorite bit?

    "The real threat here is to the concept of paid search and ultimately to the entire Internet," said Briggs. "If people lose confidence in the commercial viability of the Internet it threatens the very idea of an emerging global, digital economy. Sooner or later, if something isn't done, the second Internet bubble will burst."

    You say "internet bubble-burst", I hear "cheap Ducatis and Aeron chairs on craigslist".

    --
    Literalism isn't a form of humor, it's you being irritating.
  9. Something like this happened to me once by Giometrix · · Score: 5, Interesting

    ...Albiet on a much, much smaller scale. A bot (seemingly) made a huge amount of click-throughs within an hour (whether this was malicious or not, I have no clue), about 100x more click-throughs than normal. When I pointed this out to Google's customer support, I was shot back an email which in effect said, "We have safe-guards in place, those clicks are real." I was pretty bummed that the "do no evil" company would fire off an email like that, without at least investigating. Luckily, when I requested that they take a closer look, and that they compare what happened within that hour with my normal traffic, they agreed to investigate. In the end, I was never charged.

    Google DID the right thing for me; but I really was at the mercy of Google. I really can't see why a paying customer shouldn't be seeing exactly what he's being charged for.

    --
    Download free e-books, lectures, and tutorials at bookgoldmine.com
  10. Re:PR Stunt? by Melkman · · Score: 4, Informative

    And that they are a Microsoft showcase shouldn't have to do anything with it either.

  11. Waste of Taxpayers' Money... by Chaffar · · Score: 5, Interesting
    Probability that this is a waste of taxpayer's money:

    - The page has a a commercial for AIT Inc.'s "Voice, Training, and Data Services for the Office: + 20%.

    - The article about AIT suing Google is immediately followed by another one promoting AIT new storefront launch in Chicago. + 35%

    - Firefox says that 2 Pop-ups were blocked. I shudder to think of the content of these pop-ups: + 15 %.

    -"It's wrong, and stealing and lying are wrong," AIT President Clarence Briggs said. "Somebody needs to do something about it." OMG Somebody think of the children! : + 20 %.

    - The article is carried by The Fayetteville (NC) Observer. Any search on Google for AIT, Google, and lawsuit yield nothing: + 40%.

    - Interestingly, though, searching for the same keywords on Yahoo does yield a few hits. : - 10 %.

    Yep, this is definitely a publicity stunt by a random company trying to capitalize on Google's high profile. The numbers don't lie :)

  12. Problems with adwords by pieterh · · Score: 4, Informative

    When Google invoices you for clicks, a share of this money is going to sites that are showing the ads. There are sites that fraudulently drive clicks in order to get more money.

    When my firm used adwords, we saw our monthly fees from Google climbing steadily, from $10-20 per month to over $1000, but with no matching increase in traffic, and almost zero contacts via our web site (which was clearly aimed only at Belgian customers). We estimated that 95% of the clicks were fraudulent. We had no way of checking who was clicking on our site. So we cancelled the program and focussed on more traditional sales.

    This is, IMO, one of the major skeletons lurking in Google's cupboard.

  13. My experience by Anonymous Coward · · Score: 5, Interesting
    I recently had a problem with Google as well. As an owner of a (very) small business, I had been running a small, focused ad campaign using Google's AdWords. One day while browsing through the daily charges on my AdWords account, I noticed a dramatic spike for just one day. Looking deeper, the spike consisted of clicks on just one of my target keywords.

    I looked at my website's logs for that day and found over 50 instances of a request for "HEAD / HTTP/1.0" from a single IP address. What made this even more suspicious was the fact that they were all made with "Wget/1.10", and that IP never requested any other page from my site, not even the image/CSS files used on the main page.

    I contacted Google's AdWord support, documenting all of the above in great detail and saying that these seem like fraudulent clicks. I got back a canned response "We're looking into it". Two weeks go by, nothing happens. I contact them again, asking for a progress update. I get back a response "Your case will be investigated within the next week". I wait 1.5 weeks, contact them again, ask what the hell is taking them so long.

    I get back another response, again promising swift resolution. Couple of days later, I get an email from an Indian employee of Google saying that they have not detected any fraudulent clicks. I ask for a breakdown of charges per IP address for the day to check their data, but they say they can not provide those.

    I tell them very well, I have no choice but to shut down all of my Google advertising.

    Personally, I wouldn't trust Google's AdWords at all. I'm sure it makes money for some advertisers, but expecting Google to side on the side of advertisers in disputes is overoptimistic. They lose money on that, and as the case is that all the evidence is in their possession, and they refuse to show it to outsiders, how the hell are you supposed to prove that clicks are fraudulent if Google disagrees with you, as they seem to do in even obvious cases?

  14. AIT are Bloodsucking Scammers by Anonymous Coward · · Score: 4, Informative

    I used AIT for a while a couple of years ago.

    THEY.ARE.SCUM.

    They billing practices are blatantly fraudulent, sometimes charging you ridiculous "bandwidth charges" that exceed hundreds of dollars a month. Calls to billing never get answered, and neither is there an obvious way for one to close his/her account.

    It took me over three months to have my account closed. My total on-hold time over those three months was over 8 hours. I left atleast 20 messages, out of which three got answered. I would call and leave messages, and eventually after a couple of days someone would call me back and give me a bunch of instructions on how to close my account (visit some obscure page, print document, sign, fax etc.), and then... nothing. I'd call back and after trying for days to get through to someone, they'd say they never received it, and I'd have to do it all over again.

    Sometimes they would say they received it, and the account would be closed; and the next month, my credit-card would be billed again.

    They have promised me to repay my money back, and I've seen nothing in over three years.

    Not to my surprise, other people have been through similar situations with this provider, and some of their stories are pretty terrible. Read all about it here:

    http://autsucks.com/

    They even have ex-employees there talking about how bad they were treated.

  15. AIT .... sounds familiar by CrazyJ020 · · Score: 5, Informative

    AIT is very very bad. I colocated in their datacenter for about a year, paying $100/month for a verbal agreement of 100 GB bandwidth. There was absolutely no paper record of the 100 GB limit and not verbal record of what charges would apply if I went over. My paper contract with them had explicity voided out the section regarding charges for excessive bandwidth.

    One month I received a bill for $6000 citing "excessive" bandwidth. I had used approximately 200 GB of bandwidth, about double my allotted. I called and they assured me it would be fixed. Then the next months bill was $10,000. Their billing system continued to try to draft my credit card.

    I finally had to take them to court over the disputed charges. They "waived" the $16,000 right before we entered the courtroom. The eventual settlement came to around $600. These guys are crooks.

    http://www.webhostingratings.com/plans/AIT-Reviews .html

    "AIT is flat out terrible and possibly the worst service out there."

    "I have horror stories about AIT on which I could dwell for hours, but let's just say that AIT's attitude no matter what happens is "punish the customer." They feel free to mess with your stuff whenever they feel like it, change your deal on a whim, and generally suck! Big-time weasels! We are planning a big crew party for after we blow them up; we'll call it "Operation AIT Freedom!"

    "When I moved, AIT continued to bill me for "service" on an account that was closed. When I wouldn't pay, they ruined my credit. I could not even talk to credit manager about it. Bad guys!"

    ""Based on BBB files, this company has an unsatisfactory record with the Bureau due to one or more unanswered complaints.""

    "They've stolen $900 from me by disk over-usage and fraudulent billing practices."

    "AIT systematically stole money from us for months."

    These are all from different customers. This company has consistently and systematically screwed their customers.