Digitalpoint Forum & Shawn Hogan Sued by EBay for Fraud

[webcosmo]

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/

[John Scott]

Shawn was kind enough to share the "cookie stuffing" tip with me years ago, and although I never did it because I thought it seemed a bit iffy, I don't think that he perceived it to be unethical or wrong. I don't think Shawn would have done it if he saw it as unethical.

I'm sure Shawn will work something out with ebay. Just seems like they might have failed to make it clear what commissions they are liable for.

[chicgeek]

Mmm... stuffed cookies...

[John Scott]

Originally Posted by chicgeek

Mmm... stuffed cookies...

Stuffed with crushed walnuts sounds yummy.

[chicgeek]

Last post of distraction here, but just a note that these cookies (home made by yours truly) are the finest example of a cookie anywhere:


Walnuts, and dark chocolate, and home made - oh my!

Exeunt.

[John Scott]

4am here in Tokyo, but I think I need to go shopping for some cookies. BRB

[Gareth]

I read about this earlier on Digg, quite surprised at it all really. Whether or not his intentions were unethical I'm not sure - but it will be interesting to see how this event pans out.

[webcosmo]

We just know one side of the story. I am sure other parties involved got some say.

[thegamerslink]

If there were actually an attempt to conceal itself in the programming then there may be a case. That implies knowledge of possible wrong doing in many peoples view.

If not for the concealment aspect I wouldn't think there much of a case

[Ferre]

Ok, so those guys tricked people's browsers to pick up a cookie in order to get provision on future deals the owners of those browsers made on Ebay by tricking Ebay into believing they (the browser's owners) came from an Ebay ad on one of those guys' websites.

Hehhe, intentions to do that not unethical? Yeah right.

[ScriptMan]

Originally Posted by chicgeek

Last post of distraction here, but just a note that these cookies (home made by yours truly) are the finest example of a cookie anywhere:


Walnuts, and dark chocolate, and home made - oh my!

Exeunt.

Where did you sit that tray of cookies down?

I could enjoy a few of those right now.

[fastreplies]

I’m sure eBay took to consideration every possible legal outcome before filling the Lawsuit.

There is definitely more to that story than to yummy chiqgeek’s cookies for us to chew on.



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[Ferre]

Originally Posted by John Scott

Shawn was kind enough to share the "cookie stuffing" tip with me years ago, and although I never did it because I thought it seemed a bit iffy, I don't think that he perceived it to be unethical or wrong. I don't think Shawn would have done it if he saw it as unethical.

I'm sure Shawn will work something out with ebay. Just seems like they might have failed to make it clear what commissions they are liable for.

You didn't do it because it seemed a bit "iffy" and still think that Shawn didn't perceive it as unethical? What if Shawn had used this cookie stuffing to pull some money out of your pocket via, for example, your directory affiliate program? would you still think the same about him?

Apparently he shared this tip with you years ago, I'm just thinking, when you can stuff one cookie you can stuff two or three or more, Ebay found out but what if they were stuffing cookies from other affiliate programs too?

Of course, they've not been convicted yet, and everyone is innocent until proven guilty, regard the above as hypothetical.

Btw, Can't Ebay pull you as a witness now you publicly stated that he explicitly told you how to do this years ago?

[fastreplies]

Hey Ferre, stop giving eBay any ideas





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[webcosmo]

Now that also raises a big question; how many are there in this of business. I am sure these are not the only ones doing this.

[Mtnmiss]

I am sure there are many people doing this sort of thing with eBay and anyone else they can rip off. I am surprised that they brought it to court though. I see how you can lose your sense of ethics while you are sitting behind a computer screen writing the program, it doesn't occur to you that it is serious and you are stealing from a big company that will come after you in the real world. Bet that was a surprising slap of reality.

[fastreplies]

Originally Posted by chicgeek

Last post of distraction here, but just a note that these cookies (home made by yours truly) are the finest example of a cookie anywhere:


Walnuts, and dark chocolate, and home made - oh my!

Exeunt.

You made my day



Thank you

fastreplies

[Ferre]

Originally Posted by Mtnmiss

I am sure there are many people doing this sort of thing with eBay and anyone else they can rip off. I am surprised that they brought it to court though. I see how you can lose your sense of ethics while you are sitting behind a computer screen writing the program, it doesn't occur to you that it is serious and you are stealing from a big company that will come after you in the real world. Bet that was a surprising slap of reality.

Yeah right. In the same line of thinking you might believe that it doesn't occur to a bank robber that he is doing something serious and stealing from a big company that will come after him in the real world when he is preparing his robbery.

What about shop lifters? maybe they are not aware they are doing something wrong either.

let's give serial killers a break while we're at it too.

[honey]

Shawn is really a Nice guy .. Don't now why this happened ..!!

[Ferre]

Originally Posted by honey

Shawn is really a Nice guy .. Don't now why this happened ..!!

Jails are full of nice guys, just ask their friends and family.