Internet Law
Microsoft Sues 3 in Landmark ‘Click Fraud’ Web Ad Enforcement Case
Posted Jun 16, 2009 4:30 PM CST
By Martha Neil
In a lawsuit that reportedly may be the first of its kind, Microsoft has sued three individuals in the same family alleging that they fraudulently boosted the rankings of their auto insurance and World of Warcraft-related websites on the computer goliath's search engine. At the time of the claimed Internet misconduct, it was known as Live Search, but it has since been rebranded as Bing.
The federal court suit, which was filed yesterday in U.S. District Court in Seattle, is the first ever pursued by the company concerning suspected click fraud, reports the Seattle Times.
In it, Microsoft alleges that Melanie Suen and her sons Eric and Gordon Lam interfered with the company's relationship with other advertisers by repeatedly clicking on Internet links without having any legitimate interest in actually seeing the linked website, the article recounts.
"Part of our responsibility as an industry leader is to bring enforcement in this area," associate general counsel Tim Cranton of Microsoft tells the newspaper. "What we've seen in this particular area of online advertising is there is a significant amount of fraud."
Gordon Lam declined to comment to the Seattle Times, and it appears that the newspaper did not reach the other two defendants.
The lawsuit is seeking $750,000 in damages, reports a New York Times article on the litigation.
“We have decided to become more active in the commercial fraud area on the enforcement side,” Cranton tells the New York Times. “The theory is you can change the economics around crime or fraud by making it more expensive.”

Comments
I hate Microsoft
Jun 24, 2009 6:59 AM CST
I believe that the way click ads work is that the advertiser has a credit balance with the search website owner, and every time their ad is clicked on the account is debited. So, Is it fraud if a competitor click’s on the ad with the sole purpose of depleting the account? I sure hope not! What about clicking on your own website in order to raise its rank for a specific search string? Microsoft could easily fix the problem by not debiting an account based on multiple clicks originating from a specific IP address within a specific period of time. This lawsuit is garbage.
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Marty
Jun 24, 2009 10:25 AM CST
I had the same thought as #1 when I first heard of this lawsuit—fraud on whom? Microsoft, because they have a poor agreement with their advertisers? The competition? Then they should bring their own action. To me it just looks like clever, legal competition.
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Monopolies are the Law
Jun 24, 2009 11:03 AM CST
Why develop better technology when you can use the legal system to destroy your competition?
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Sean
Jun 28, 2009 7:04 AM CST
Agreed with #1. This is garbage. TV commercial costs are based on the estimated viewing audience of a show and channel. So if I TiVO or DVR a show every week with no intention of watching it, does that mean I should be sued? Ridiculous.
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