Lostclicks.com and Click Fraud

Three lawyers have launched a website called Lostclicks.com to drum up business for their click fraud legal campaigns. While these lawyers appear to be involved in the Lane’s Gift and Collectibles lawsuit, the site doesn’t contain the complaint–so it’s a little hard to judge their legal theories. I’m anxious to see the complaint because I remain skeptical that there is a legal problem called click “fraud.” Instead, despite the term “fraud” in the nomenclature, there may simply be ill-conceived ad contracts where the advertisers choose a poor metric to measure the amount that they owe. If this is the problem, then advertisers should simply negotiate a different metric or pick a price that accounts for the behavior they think is “fraudulent.” But I trust the lawyers at Lostclicks.com have some good arguments to overcome the obvious contract issue–let’s see them!

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