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  1. #1
    SitePoint Zealot
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    Shawn Hogan of Digital Point Sued by Ebay

    Interesting story.. stupid move if you ask me. It's pretty obvious they would eventually find out.

    eBay Sues Alleged 'Cookie Stuffers'

    SAN FRANCISCO (CN) - Three men defrauded eBay in a "cookie stuffing" scheme that made it appear the men's companies should be paid commissions, eBay claims in Federal Court. It sued Shawn Hogan and Digital Point Solutions, Todd Dunning and Kessler's Flying Circus, and Brian Dunning and Thunderwood Holdings.
    eBay says the men devised software programs that, "unbeknownst to the [computer] user, redirected the user's computer to the eBay Web site without the user actually clicking on an eBay advertisement link, or even becoming aware that they had left the page they were previously viewing. As a result, the eBay site would be prompted to drop an eBay cookie on the user's computer even though the user never clicked on an eBay advertisement or even realized that their computer had ever visited the eBay site."
    The complaint continues: "once the cookie was stuffed on the user's computer by one or more of the defendant's any future revenue actions initiated by that user when the user later visited eBay intentionally, and not as a result of any advertisement places by defendants, appeared to be eligible for commissions payable to one of the defendants".
    eBay claims the defendants also used deceptive means to prevent it from discovering the fraud, and to conceal it. eBay demands compensatory, treble and punitive damages. It is represented by David Eberhart with O'Melveny & Myers.
    http://dockets.justia.com/docket/cou...ase_id-206526/

  2. #2
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    Wow. Very interesting. Right, off to google what "treble" damages are....
    ~The Artist Latterly Known as Crazy Hamster~
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  3. #3
    SitePoint Wizard silver trophy TheOriginalH's Avatar
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    https://ecf.cand.uscourts.gov/cgi-bi...mary.pl?206526 <--- wow, nasty site! Surely one of us must approach them and drag them kicking and screaming into the 21st century?
    ~The Artist Latterly Known as Crazy Hamster~
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  4. #4
    www.logoraman.com electroskan.com's Avatar
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    you made me visit ebay after a long time......
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  5. #5
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    The irony...

    Last edited by Dan Grossman; Aug 28, 2008 at 21:33.

  6. #6
    Necromancer
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    I guess today's a busy day over at DP... "The database has encountered a problem".

    Shawn has some experience with legal battles. This one will be interesting to watch.

  7. #7
    SitePoint Wizard jimbo_dk's Avatar
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    Off Topic:

    Quote Originally Posted by TheOriginalH View Post
    https://ecf.cand.uscourts.gov/cgi-bi...mary.pl?206526 <--- wow, nasty site! Surely one of us must approach them and drag them kicking and screaming into the 21st century?
    $0.08 per page for access. Interesting....
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  8. #8
    SitePoint Guru SG1's Avatar
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    wow- I'm shocked that Shawn, of all people, would even consider doing such a thing.


  9. #9
    SitePoint Enthusiast abercrombie's Avatar
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    it must be getting late. that article was a bit tough to follow but i think i understood it. wow, very high tech manner of earning money.

  10. #10
    SitePoint Member
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    Very illegal, and unethical. Should be interesting to see where this goes. I wonder if this is the largest type of case like this to be brought up.

    digg.com/tech_news/eBay_Inc_v_Digital_Point_Solutions_Inc_et_al

  11. #11
    In memoriam gold trophysilver trophybronze trophy Dan Schulz's Avatar
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    And under the RICO Act no less. This is going to have some serious repercussions regardless of who wins this suit (or if they somehow manage to settle out of court).

  12. #12
    SitePoint Zealot
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    Here's the pdf for the full filing:

    http://docs.justia.com/cases/federal...206526/1/0.pdf

  13. #13
    SitePoint Zealot Biju's Avatar
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    Whats next from ebay. lolz
    I suggest everyone to upgrade to Windows Vista.

  14. #14
    Scary's On The Wall
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    Wow... nice try, guys. I probably would have attempted it myself if I had thought of it. That is, if you're guilty.

  15. #15
    SitePoint Wizard
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    Anyone notice their eBay commissions being a bit on the low side recently?

    If the charges turn out to be true, I wonder how many of our fellow SitePoint members were also victims in this scam.

    They obviously did enough business to be noticed... Chances are that they replaced many thousands of legitimate affiliate tracking cookies with their own stuffed cookies.

    Cookie based affiliate tracking is a very flawed technology. There are too many ways for publishers to lose justly earned commissions. Cookies can be blocked, deleted, stolen by other affiliates (via cookie stuffing schemes), etc.
    For HTML Help visit: HTML Help Central
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  16. #16
    SitePoint Zealot sherl0ck's Avatar
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    hmm. interesting case
    We should wait and see about the result

  17. #17
    SitePoint Member
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    I'm shocked that the owner of digital point would sink so low.

  18. #18
    Follow Me On Twitter: @djg gold trophysilver trophybronze trophy Dan Grossman's Avatar
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    I'm shocked how widespread this is being done by members of forums including this one. Image tags in posts pointing to affiliate URLs in the hosting review forum have shown up here, on DP and many forums... that's members trying to cookie stuff. Anyone that views the thread is cookied with their referral ID until someone notices and a moderator deletes the image.

  19. #19
    SitePoint Enthusiast
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    how do they make the "cookies stuff" .Is it hard to write the code ? I am interested .

  20. #20
    SitePoint Wizard Stomme poes's Avatar
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    Yes another reason to NoScript even trusted sites, and accept cookies from no-one until you absolutely must (some forums I've been on lose your session when you block cookies), and in those instances, keep the cookie until you close that site (automatic garbage heap).

    People ask me why. I'm not scared of rogue scripts attacking my Linux machine (lawlz), it's more like, more and more sites use useful tools like scripts and cookies for stupid sh*t, and I don't want to be a part of it, even if that means I might miss some whiz-bang JS or drag-n-drop BS. No loss.

    Although it had never occured to me that if I do click a link from a site I like, that it doesn't get registered by the next site that I found them via the site I like. I'll be more aware of that in the future.

  21. #21
    SitePoint Wizard jimbo_dk's Avatar
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    Quote Originally Posted by justinlorder View Post
    how do they make the "cookies stuff" .Is it hard to write the code ? I am interested .
    tsk tsk tsk.....
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  22. #22
    SitePoint Member
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    Here is the thread on Digital Point Forum about this case. Let's see what DP members say about the suit.

    DP thread

  23. #23
    SitePoint Enthusiast Dharma's Avatar
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    Quote Originally Posted by Stomme poes View Post
    I'm not scared of rogue scripts attacking my Linux machine
    Even though you're more secure using a *nix based OS, if there's a flaw in your webbrowser, you could theoretically still be at risk from a whole lot of mayhem, even when you're not running as root (which I do not suspect you are).

    With regards to the main topic, nasty business. It will be interesting to see how this ends, but I for one am not amused by such antics.

    Oh, and first post.

  24. #24
    SitePoint Wizard Stomme poes's Avatar
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    Welcome to SitePoint, Dharma : )

    Yeah I know the browsers are a way in... again, NoScript helps. (you can't protect against stupid, but with me, NoScript tries really hard : )

  25. #25
    SitePoint Wizard Jun Valasek's Avatar
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    Digitalpoint sued by Ebay

    Details here.
    http://www.inquisitr.com/2736/ebay-s...uffing-scheme/

    I hope Shawn can get out of this trouble..


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