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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.
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Comments

from NickWilsdon 95 days ago #
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Frightening number of noobs in DP now considering this get rich-quick scheme. I quote "lol wow btw he and his frns have gr8 mind and tricks to make money :|"

For me this is no different from Seth's "cookie jar" plan. The advertiser looses out. Strange that a forum of people trying to make a buck on affiliate marketing can't see the threat cookie stuffing presents to their own business model. Let alone the way cookies could be forced onto users that override their own ones.

from NickWilsdon 95 days ago #
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Interesting comment they found over at WickedFire:

Shawn Hogan said on September 10th, 2006 at 9:41 pm
As far as I know, it’s a perfectly legit way to make money via the eBay affiliate program. Also, I think “cookie stuffing” isn’t entirely accurate… unless you consider a “normal” affiliate link to be cookie stuffing too.

from NickWilsdon 95 days ago #
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@jonathan

Despite the 'beta' label this site seems to confirm the story. They are getting sued under the 1962 Racketeering (RICO) Act? I assumed that cookie stuffing would be against the TOS of some affiliate plans but this places it into a different light.

from QualityNonsense 95 days ago #
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To be fair, his comment on Shoemoney's blog is taken entirely out of context. He's right, what Shoemoney describes isn't cookie stuffing. Comment is here:

http://www.shoemoney.com/2006/09/10/google-teams-up-with-ebay-cookie-stuffer-misspellitcom/

from NickWilsdon 95 days ago #
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@QualityNonsense

You're right, when read in the context of the origional article that quote does take on a different meaning.

from IncrediBILL 95 days ago #
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I hear people chanting "who does it hurt" all the time, that all this BH crap is harmless, that there are no real victims.

Sorry, apparently eBay disagrees and I'll bet the 12 people sitting on that jury will probably feel the same way.

Best yet, thanks to the RICO act, Shawn will have a new moniker that almost sounds like a cookie stuffing superhero...

"The Racketeer"

from LindaBuquet 95 days ago #
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Yes the whole thing is really disturbing. Especially so many of the uninformed comments over at the DP forum.

I've been blogging this too, in detail. And before this did research and blogged about a specific BH cookie stuffing trick that people have been using to stuff TONS of cookies on forums.  Reading between the lines in the legal doc, it appears that was the method Shawn et all allegedly used too.

I've been talking this week with affiliates over at the eBay forum about all the eBay cookie stuffing going on and some of the methods. And I'm helping forum owners learn how to spot this tricky type of stuffing that's being taught at some of the BH forums.

Ebay canned 300 affiliates in one fell swoop about a week ago and some speculate that some of those were cookie stuffers too.

Speaking of the eBay forum - I keep checking it for news of this and haven't seen anything. I wonder if people have posted and it was deleted because it's a legal case???

Linda


from MikeDammann 95 days ago #
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I personally have yet to meet a good programmer who has not at one point looked into cookie stuffing and whether or not it works.

from yojpotter2 95 days ago # - show/hide this comment
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Is this really true?

from IncrediBILL 95 days ago #
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@MikeDanmann: I could introduce you to a many fantastic programmers that have all made millions and I'll bet not a single one of them ever tried cookie stuffing and probably don't even know what cookie stuffing means.

Don't lump all good programmers with seedy GRQ web programmers...

from montydad5000 94 days ago #
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Some good points, Nick.  Clearly this doesn't hurt Ebay though as much as it hurts the other affiliates who were stiffed out of a commission because people got "stuffed" elsewhere.

from qeorge 94 days ago #
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I agree with Mike, I don't understand how a programmer wouldn't be curious as to how it was being done. However, not many would actually try to profit from it. eBay's aff program pays very well without any need for cheating.

I'n curious to see how this case turns out. They clearly violated eBay's TOS, but a RICO case? It seems like this has more value for eBay as a scare tactic than as a winnable lawsuit. Cookie stuffing is as old as the hills, so does eBay's past indifference hinder their ability to claim damages?

Side note: I wonder if eBay's recent move to bring their affiliate program in-house instead of with CJ provided the tracking they needed to catch them / build a case. I would expect CJ to have more savvy than eBay for catching this sort of thing.

from LindaBuquet 94 days ago # - show/hide this comment
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"Side note: I wonder if eBay's recent move to bring their affiliate program in-house instead of with CJ provided the tracking they needed to catch them / build a case. I would expect CJ to have more savvy than eBay for catching this sort of thing."

No I don't think so. The charges were from 2004 - 2007 when the program was on CJ and they mention that the stuffing took place through CJ.

"I don't understand how a programmer wouldn't be curious as to how it was being done" Programmers don't even need to try. It's been publically taught at some BlackHat forums. I posted a long blog about this particular method of cookie stuffing on forums awhile back and like I said have been helping forum owners learn how to catch and block this type of stuffing.

BW they buried the BH forum that's been teaching this and made it a private forum but luckily I found out and was able to grab everything from Google cache. I try to keep up with all their tricks. Since I own an affiliate forum, we are a big tarket for all kinds of sneaky stuff, like the type of cookie stuffing Shawn was accused of. I always have one finger on the ban button.

BTW I mentioned in my comment above that I thought it was odd no one on the EPN forum was talking about it. A thread just did finally start over there, so I'm glad they are allowing the conversation.

from qeorge 94 days ago # - show/hide this comment
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Thanks for the feedback Linda, you're certainly on top of things.

I had no idea the charges were going as far back as 2004. It does make more sense that these actions occured some time ago, as it seems like it would be very easy to detect / stop cookie stuffing.

from webprofessor 91 days ago # - show/hide this comment
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zzzzzzzzzzzzzz...... old news... I am suprised it took them this long to bring charges.

from MikeDammann 86 days ago #
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you guys are great. Especially your open minds. The trial has not even started yet, but all of you seem to know he did it and already are waiting for something that makes you fell less un  crative.
5star, shame on you for being so judgemental. You have never ever done anything to fight cookie stuffing, but now you are trying to hold someone accountable who has not even been proven guilty!


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