Google Sued for Not Paying $1,000,000 in AdSense to apparent Poet

13 replies
I saw an interesting case in California with a ruling coming tomorrow. The plaintiff claims Google terminated his AdSense account for supposedly encouraging accidental clicks on his website and didn't pay him as a result.

This is where it gets interesting ...

The plaintiff, Peter Ogtanyan, claims he is owed about a million dollars in AdSense revenue.

That is a lot of dough for AdSense, so of course a logical question is what website(s) were generating this traffic and income.

From what I could tell online, Peter is a poet.

Assuming poems is the niche, it is not one I would have thought of as generating a ton of traffic and this much revenue. Maybe it doesn't and the clicks are fraudulent, but it sure is a lot of clicks.

Google filed a motion to toss the lawsuit and the judge is denying the motion.

In a twist the judge is kicking plaintiff's attorneys off the case because they used to represent Google and may have insider information about AdSense.

Case information:

http://lawzilla.com/blog/peter-ogtanyan-v-google-inc/

Are you a poet and didn't even know it?

Maybe you're sitting on a goldmine.

.
#adsense #apparent #google #paying #poent #sued
  • Profile picture of the author deekay
    "The plaintiff claims Google terminated his AdSense account for supposedly encouraging accidental clicks on his website and didn't pay him as a result."

    You mean Google was the one who encouraged Peter to do some accidental clicks?
    How possible that that poet was using paid traffic to get clicks?
    {{ DiscussionBoard.errors[9344475].message }}
  • Profile picture of the author Graham Maddison
    Well I for one sincerely hope he wins his case ..... I had my adsense account closed for the same reason ..alleged fraudulent clicks .... which was an absolute rubbish allegation, but with google there is no convincing them otherwise .needless to say they stole my earning too.
    Signature
    Trade without Boundaries.
    Start with $30 Trading Bonus.
    No Deposit Required
    {{ DiscussionBoard.errors[9344525].message }}
  • Profile picture of the author sbucciarel
    Banned
    This is the Google lawsuit that I'm interested in and it seems it's more of the same thing as above.

    Google AdSense Class Action Lawsuit Filed Tuesday Over Alledged Fraud

    New lawsuit accuses Google of AdSense fraud - CNET
    {{ DiscussionBoard.errors[9345719].message }}
    • Profile picture of the author Mike Anthony
      I don't know if this case is legit but I do know its just too easy for Google to allege fraud and keep cash they would have paid out. There iss a definite conflict of interest there.
      Signature

      {{ DiscussionBoard.errors[9345747].message }}
      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by Mike Anthony View Post

        I do know its just too easy for Google to allege fraud and keep cash they would have paid out.
        It has always appeared exactly like this, to me.

        These decisions should surely be made (and be seen to be made) by an independent third-party without needing to resort to litigation to achieve that outcome. Low-cost (or even free) independent arbitration is surely more sensible than this???

        .
        {{ DiscussionBoard.errors[9346103].message }}
        • Profile picture of the author Richard Tunnah
          Originally Posted by Alexa Smith View Post

          It has always appeared exactly like this, to me.

          These decisions should surely be made (and be seen to be made) by an independent third-party without needing to resort to litigation to achieve that outcome. Low-cost (or even free) independent arbitration is surely more sensible than this???

          .
          That's the problem with all the 'big' players like google in that they are judge and juror. You dance to their tune until they stop you. They'll just throw their legal team at it..no big deal but the claimant could lose the shirt off his back fighting this. Let's be honest if it costs google $100k to fight it it'll be pocket change!!
          {{ DiscussionBoard.errors[9346211].message }}
          • Profile picture of the author Steven Wagenheim
            Google is probably the most evil company on the planet. I lost my YouTube account and did absolutely nothing wrong. I got very few views, made no money from any of my videos, and didn't even have clickable links.

            Their reason? Violation of TOS but no explanation of what TOS I actually violated. When I wrote to ask them, no response.

            Don't really care as I wasn't making a dime off the videos. Maybe that was the problem. I wasn't making them any money either.

            I long for the day when Google goes out of business. I just hope I live long enough to see it.
            {{ DiscussionBoard.errors[9346238].message }}
        • Profile picture of the author kindsvater
          Originally Posted by Alexa Smith View Post

          These decisions should surely be made (and be seen to be made) by an independent third-party without needing to resort to litigation to achieve that outcome. .
          How do you expect an independent third party (other that a judge or jury, which for some reason you are kicking to the curb as not worthy of resolving issues) to decide the dispute?

          And decide it without "litigation"?

          You expect Google, Amazon, anyone with an affiliate program, any business paying sales commissions - to just voluntarily open up their operations, trade secrets, books and financial records, make employees available for questioning, etc.?

          Basically, you do not want "litigation" - but probably want the ability to have an attorney, discovery of information, and the legal rights and protections involved with "litigation".

          Originally Posted by Alexa Smith View Post

          Low-cost (or even free) independent arbitration is surely more sensible than this???.
          Meanwhile, back in the real world arbitration is one of the most expensive traps someone can find themselves in.

          This is going to surprise a few, but arbitration is still "litigation". Primarily, the forum changes from a public court of law overseen by a judge to a private hearing overseen by a judge now retired. Instead of making use of publicly provided facilities the parties have to pay for everything, including the judge. It can be outrageously expensive. A week long trial in court before a judge, costing you zero or close to it, can easily cost $75,000 for an arbitration.

          Or the case Suzanne refers to, someone makes an anonymous post online claiming they were a Google insider and Google was cancelling accounts that reached a certain level. Based on that post a class action lawsuit is filed. But instead of a class action lawsuit you want a free arbitration, somehow without "litigation", to somehow decide a potentially billion dollar issue based on an anonymous post?

          With the decision presumably being enforceable somehow?

          Conceptually, I suppose you're right. Maybe an independent arbitrator like the UN will decide the outcome of all the world's major disputes next week.

          While we're at it, sign me up for a litigation-free, cost-free arbitration about a few search engine rankings I dispute. Per Google's rules / guidelines some of my sites should be ranking higher - at least that's my opinion.

          There is certainly truth to an implied issue that litigation is expensive. It is. Too expensive and many do not see justice as a result. It also depends on your perspective. A hundred dollar fee an attorney might charge for a service is too expensive for X, but for Y is the incredible deal of the year.

          But I know this ... if you have a million dollar claim against Google, and it has some possible merit, you are not going to have trouble finding an attorney who will litigate the matter for you for free.

          Over the years many here on this forum have complained about Google ripping them off in the AdSense program proclaiming they did nothing wrong. I have suggested they file a claim. They don't, even though tens of thousands of dollars were lost, suggesting to me they do have a click-fraud problem, which would not be surprising in the IM arena. It will certainly be interesting to see what happens with these lawsuits.

          Originally Posted by Steven Wagenheim View Post

          Google is probably the most evil company on the planet.
          I wouldn't want my prior comments to be deemed as some defense of Google. I agree with you on this one. I believe Google is the most fined company on the planet and it has deserved a lot more IMHO.

          The "public" though is not going to understand, or care, about the terror Google puts marketers and website owners through. They see a company providing a very useful search service, offering fast wi-fi to more communities, self-driving cars, Android phones, cheap Chrome computers, etc.


          .
          {{ DiscussionBoard.errors[9346292].message }}
          • Profile picture of the author Alexa Smith
            Banned
            Originally Posted by kindsvater View Post

            How do you expect an independent third party (other that a judge or jury, which for some reason you are kicking to the curb as not worthy of resolving issues) to decide the dispute?
            I was thinking in the same sort of way as other arbitration services and industrial ombudsmen do, in so many countries, as a form of dispute resolution which doesn't take up court time or costs on anything like the same scale.

            Nowhere in my post did I say or imply that a judge and jury are not "worthy" of resolving the issues.

            Neither did I even say anything like that.

            My thinking was that they're slow and expensive, and that millions of financial disputes, worldwide, are resolved without resorting to court litigation.

            Originally Posted by kindsvater View Post

            You expect Google, Amazon, anyone with an affiliate program, any business paying sales commissions - to just voluntarily open up their operations, trade secrets, books and financial records, make employees available for questioning, etc.?
            No; I don't.

            But I think it would be a preferable solution if (for example) such disputes could be settled like so many insurance-based disputes are, over here, by an ombudsman (sometimes a retired judge, or someone of equivalent status and industry-appropriate experience) who has the powers to compel some of those things as and when necessary in individual cases, but whose proceedings cost a fraction of those involved in court litigation.

            Originally Posted by kindsvater View Post

            Basically, you do not want "litigation" - but probably want the ability to have an attorney, discovery of information, and the legal rights and protections involved with "litigation".
            Similarly-based resolution schemes/services seem to work in many other contexts?

            Originally Posted by kindsvater View Post

            This is going to surprise a few, but arbitration is still "litigation".
            Thanks - I certainly didn't know that. (The London-based "Arbitration, Conciliation and Advisory Service" seems to think not, actually: they see it more as a way of avoiding litigation, and they say so - but maybe the word's used differently over there?).

            My suggestion might result in fewer working opportunities for lawyers (and I think that's one of the things arbitration services and less formal tribunals are actually intended to do, to reduce legal costs, in many countries? I don't altogether see why, though, because it seems to me that both sides might still need/want legal advice?).

            .
            {{ DiscussionBoard.errors[9346341].message }}
            • Profile picture of the author kindsvater
              Originally Posted by Alexa Smith View Post

              My suggestion might result in fewer working opportunities for lawyers .
              That's not gonna fly in the US. Especially in California.

              More lawsuits against Google could boost the worldwide economy by shaking loose money the company is hiding via Ireland. That's another huge scandal, how US AdSense accounts get routed through Google Europe, located in Ireland as a tax dodge.

              .
              {{ DiscussionBoard.errors[9347460].message }}
  • Profile picture of the author JensSteyaert
    I would be really surprised if the guy eventually gets his money...

    It's just so easy for google to claim clicks fraud and other illegal activity...
    {{ DiscussionBoard.errors[9346114].message }}
  • Profile picture of the author Self Made
    That sucks, they are such a big company they can abuse their powers than higher a heavy law team.. Its kind of like paypal! They have frozen my account many times for weird reasons...
    {{ DiscussionBoard.errors[9346351].message }}

Trending Topics