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Sticky situation?

Discussion in 'BlackHat Lounge' started by Lawlerskates, Oct 11, 2010.

  1. Lawlerskates

    Lawlerskates Junior Member

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    One of my networks claims an advertiser is going to sue me for putting a content gateway using their incentive offers on a site that claims and promotes having illegal content - but actually doesn't. My domain is with Namecheap and my hosting is on 2x4.ru. I've sent maybe 2,500 hits in terms of traffic to this advertiser.

    How serious do you think this will be? I'll also mention that other networks I've used in the past kicked me for this blackhat traffic, but none found it serious enough to give me anything more than an account suspension.

    Precautions?
     
  2. Chronos

    Chronos Junior Member

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    Well, ask what they are sueing you on the basis of?

    And is the country your living in the same as the country this business is located in?
     
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  3. ┼blackrat┼

    ┼blackrat┼ Senior Member

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    If the content isn´t illegal then you´re more than fine. Youll just have to shut the promotion down.
     
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  4. Lawlerskates

    Lawlerskates Junior Member

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    I have no illegal content hosted on my webservers. But I submitted illegal files to a website which promotes my site. People submit illegal files to this forum site all the time, and they don't get in trouble for it. But the network told me the advertisers are trying to get this website to join and bust me for spamming. I've been using this site to make money for nearly 6 months, and nobody has ever threatened or warned anything legal until now.
     
  5. Checkmate

    Checkmate Elite Member

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    Over 2500 hits that's a couple hundred dollars I doubt they'll sue over that.
    Posted via Mobile Device
     
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  6. Lawlerskates

    Lawlerskates Junior Member

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    I didn't make more than $100 with a single publisher at this network, and $264 total. If the content in question is against federal law, would that give them any more incentive to try to shut me down? I got the impression that the advertisers were angry because their name is being promoted alongside illegal content.

    If anyone with any legal experience is willing to chat with me via PM, I'd appreciate it. Should I expect more than a cease and desist letter?
     
  7. Chronos

    Chronos Junior Member

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    lol, it's funny because I asked a few questions to help clarify the situation and I could have really helped.

    It's kind of hard to judge a situation based on, "I put a gateway on illegal content, but it's not illegal, and they are threatening to sue me, what should I do?"

    I'm no lawyer, I could be, but I'm going for an MBA instead of a JD. I've studied quite extensively in law, specifically business law. Level 300, 400 classes (undergraduate). Again, I'm no lawyer but I could have given you more valuable information than most people on this forum.

    But you ignored me. You want help from me? Forget it.

    PS: This is why you should always start a corporation in another country.
     
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    Last edited: Oct 12, 2010
  8. Lawlerskates

    Lawlerskates Junior Member

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    I'm not comfortable answering specifics about it in the forum, sorry if it seems like I ignored you. The advertiser and I are both located in the same country (the USA), and I've asked the network manager for the basis of why they're going to sue me, and he says that'll be between me and the advertiser's legal team. I could give you as much as the log of the chat, but I'm not going to publicly post it. I have no doubt that they have enough to make a case against me though - it's just a matter if they are just trying to get me to cease and desist through scare tactics, or if they would actually go through with such a thing.

    From what I understand, scare tactics are common online because apparently the legal fees would exceed the value of winning the case. If they wanted to just scare me to shut down the site - I've got no problem doing that, I have other ways of making money.
     
    Last edited: Oct 12, 2010
  9. dw_n_cinti

    dw_n_cinti Regular Member

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    I do not know that that meets the definition of spam/spamming.

    "I didn't make more than $100 with a single publisher at this network, and $264 total. If the content in question is against federal law, would that give them any more incentive to try to shut me down? I got the impression that the advertisers were angry because their name is being promoted alongside illegal content."
    Sounds like an issue of slander or the like. Perhaps they feel like they have been harmed by this; if so, they will need to quantify/qualify such harm.
    "Chronos Re: Sticky situation?
    ...

    It's kind of hard to judge a situation based on, "I put a gateway on illegal content, but it's not illegal, and they are threatening to sue me, what should I do?"

    ...

    PS: This is why you should always start a corporation in another country."​
    I agree, the details are vague. But starting a corporation in another country does not eliminate personal jurisdiction if the authority going after you is your own country. You had an agreement with the advertiser. You are both in the same country. Personal jurisdiction is established.

    There are several issues you bring up:

    1. an issue of personal jurisdiction.
    2. the issue of criminal liability for "distribution" of illegal content (copyrighted material I assume).
    3. whether the cpa network has any interest and/or loss as a result of your actions.
    4. an issue of slander or the like.
    Also, the law normally does recognize the right to formal notification. This is the reason for DMCA.

    This may be hot air. However, better care as to the advertisers terms and tolerance is called for.
     
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  10. Lawlerskates

    Lawlerskates Junior Member

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    You pretty much hit the nail on the head I believe. Have you heard any cases of advertisers suing network affiliates before? If they lost anything, wouldn't the advertisers be mad at the network as well - and in turn, the network would get angry with me? If that was the case, wouldn't the network be trying to take action as well? This particular network had zero screening for new publishers.

    And isn't it the least bit of a hassle for them to sue a random person over the internet? I don't even know what they expect to do - sue me for $xx,xxx or $xxx,xxx?
     
  11. dw_n_cinti

    dw_n_cinti Regular Member

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    I see you are using 2x4 for your host. I hear they are good. One of the mods here is promoting them.

    From what I have heard 2x4 will not cooperate with these advertisers. It is good that they are in Russia.

    Please let us know how 2x4 handles it.

    Also you may want to change your registration offshore as well and make your domain registration private. Internetbs is fairly reasonable in the Bahamas. Here is the url:
    Code:
    http://www.internetbs.net/
    It might be a good idea to only use CPA networks and/or advertisers that are offshore as well. I have not researched that much yet - the next step.