Charles G. Mullen

An internet marketer’s blog.

Entries Tagged as 'ebay'

eBay Cookie Stuffing Lawsuit Update - Newly Appointed District Judge Jeremy Fogel

REASSIGNMENT ORDER Signed by The Executive Committee. Case is Reassigned to The Honorable Patricia V. Trumbull. Magistrate Judge Bernard Zimmerman no longer assigned to the case. (tn, COURT STAFF) (Filed on 8/27/2008)
link

ADR SCHEDULING ORDER: Case Management Statement due by 1/6/2009. Case Management Conference set for 1/13/2009 02:00 PM. (Attachments: # 1 Judge Trumbull Standing Order, # 2 Standing Orders for All CAND Judges, # 3 Standing Orders for All San Jose Judges) (bw, COURT STAFF) (Filed on 9/3/2008)
link

NOTICE of Change of Address by David R. Eberhart (Eberhart, David) (Filed on 9/3/2008)
link

Declination to Proceed Before a U.S. Magistrate Judge and Request for Reassignment to a United States District Judge by eBay Inc. (Eberhart, David) (Filed on 9/3/2008) Text modified on 9/4/2008 (bw, COURT STAFF).
link

PROOF OF SERVICE by eBay Inc. re 14 Notice of Change of Address, 15 Declination to Proceed Before a U.S. Magistrate Judge (Eberhart, David) (Filed on 9/3/2008) Modified on 9/4/2008 (bw, COURT STAFF).
link

CLERK’S NOTICE of Impending Reassignment to U.S. District Judge(cm, COURT STAFF) (Filed on 9/4/2008)
link

ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogel for all further proceedigns and Magistrate Judge Patricia V. Trumbull for all discovery matters. Signed by The Executive Committee on 09/04/08. (tsh, COURT STAFF) (Filed on 9/4/2008)
link

CERTIFICATE OF SERVICE by eBay Inc. Proof of Service (Eberhart, David) (Filed on 9/5/2008)
link

An update on the case and it looks like the majority is formality except having been assigned a new judge. What does this mean? Are they doing this to scare off the new breed of Blackhatters?

Charles

eBay Files Lawsuit Against Cookie Stuffers

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.

Source: Here

There’s also a PDF file outlining the document of the lawsuit. You can find that Here.

Good or bad for cookie stuffers? We’ll find out…

Charles