Thread: DP Owner Sued by eBay for Cookie Stuffing!

http://dockets.justia.com/docket/cou...ase_id-206526/

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.

Wow that's a big one!
Any particular amt they claimed ?

Yeah, there is (or was) a long thread at DP about it already.

how do we celebrate it ?

Greed blinds many and Shawn was on a long list of many webmasters who has been caught. I hope if he really did it, he has to pay for what he did. There are too many honest webmasters trying to make an honest living and struggle, it is not fair with others choose not to play by the rules.

Many will celebrate on it. DP is really tough.

Here is a thread on DP. They are banning members who post negative comments.

http://forums.digitalpoint.com/showt...uffing&page=10

Since RICO (Racketeer Influenced and Corrupt Organizations Act) may be invoked. This is very, very serious indeed.

Under RICO, a person who is a member of an enterprise that has committed any two of 35 crimes—27 federal crimes and 8 state crimes—within a 10-year period can be charged with racketeering. Those found guilty of racketeering can be fined up to $25,000 and/or sentenced to 20 years in prison per racketeering count.

O my god, this is serious, and if these men are proven innocent, it wont matter. Did they use members of DPs computers to do this?

Rhiannon added 23 Minutes and 8 Seconds later...

If your like me and dont understand cookie stuffing here is a link, thanks Colleen.

Cookie-Stuffing Targeting Major Affiliate Merchants

Originally Posted by Rhiannon

O my god, this is serious, and if these men are proven innocent, it wont matter. Did they use members of DPs computers to do this?

Rhiannon added 23 Minutes and 8 Seconds later...

If your like me and dont understand cookie stuffing here is a link, thanks Colleen.

Cookie-Stuffing Targeting Major Affiliate Merchants

Shawn himself did it by adding scripts into his sites and linking DP to those sites

anyways,cookie stuffing is fun, I have done it earlier

Originally Posted by esidyo

Shawn himself did it by adding scripts into his sites and linking DP to those sites

That hasn't been proven in court yet. Until that time, he is innocent.

Originally Posted by Zap

That hasn't been proven in court yet. Until that time, he is innocent.

Lets see, the links are still there in the forum

Zap Zap

Check the link at the very very bottom

it does not have a ref code, its a cookie stuffer

I would be very surprised if the evidence is not very strong. Although large public companies threaten legal action all the time, they rarely sue individuals. It is bad for their public image if they are accused of bullying.

Originally Posted by esidyo

Lets see, the links are still there in the forum

Zap Zap

Check the link at the very very bottom

it does not have a ref code, its a cookie stuffer

As I said... This has not been proven in court yet.

Originally Posted by esidyo

Lets see, the links are still there in the forum

Zap Zap

Check the link at the very very bottom

it does not have a ref code, its a cookie stuffer

Isn't that just the coop network?

court of public opinion says: he's a dick.

I think he should be banned from DP

Originally Posted by timsdd

I think he should be banned from DP

no no no, that four fifty five H zero one three owns my $50

Shawn got deep in this one

Thats what you get for trying to rip people off, doesnt matter how smart you think you are, eventually you will get caught.

Originally Posted by Rhiannon

Thats what you get for trying to rip people off, doesnt matter how smart you think you are, eventually you will get caught.

He is not ripping off anybody, just having some money of others purchases

according to me cookie stuffing is not illegal, but not legal too.. its just BLACKKKKKKKKKKKKKKKKKKKKKKKHAT

Good that site is about garbage any way anymore.

Originally Posted by esidyo

He is not ripping off anybody, just having some money of others purchases

I'm sure ebay feel a little ripped off.

It makes me laugh over at DP, a lot of people are talking about the effects it might have on DP Forums, people are saying he will have to sell DP to pay the charges. I imagine he's made enough to pay the charges without having to sacrifice DP. Although nothing would make me smile more than to see many DP'ers homeless wohhahaa

Originally Posted by benjaminp

I'm sure ebay feel a little ripped off.

Yeah little as they pay the affiliates..

Originally Posted by CompuSupport

. Although nothing would make me smile more than to see many DP'ers homeless wohhahaa

They wouldn't be homeless, they'd just be forced to move back to the better moderated forums

Originally Posted by esidyo

He is not ripping off anybody, just having some money of others purchases

according to me cookie stuffing is not illegal, but not legal too.. its just BLACKKKKKKKKKKKKKKKKKKKKKKKHAT

Cookie stuffing rips off the company that pays the commissions and other affiliates who may have deserved those commissions.

It certainly is illegal. It's fraud.

Originally Posted by Zap

Cookie stuffing rips off the company that pays the commissions and other affiliates who may have deserved those commissions.

It certainly is illegal. It's fraud.

that's a key that I think escapes most people....heck, for all we know he's hijacked commissions from members of his own forum

Cookie Stuffing

Who are you refering too?

Originally Posted by CompuSupport

Who are you refering too?

I believe the mod who closed the thread.

Originally Posted by Zap

Cookie stuffing rips off the company that pays the commissions and other affiliates who may have deserved those commissions.

It certainly is illegal. It's fraud.

That is the key. The actually act of cookie stuffing is not in itself illegal. It is the result of using it that makes it fraud which is a crime. If you shoot a gun, it is not illegal. If you shoot it at someone, that is a crime.

I also agree that nothing has been proved in a court of law. I have little doubt that he did use the methods described in the law suit. However, he is still innocent until he is proved guilty in court.

My very limited interaction with him have left me with the impression that he is an arrogant ass who thinks he is smarter than others. For that reason, I would not be shocked at anything he does to make money. Many like him believe they are too smart to get caught. Time will tell if he will have the fall out of his actions.

Cookie stuffing and Meet the Fockers copyright infringement... this Shawn Hogan character really is a dark horse.

No wonder he's keeping such a low profile.

My nan made me a roast dinner this evening and she should be in court for what she served up. I have never had such soggy horrible stuffing with a meal before. Hopefully she will use paxo next time

Originally Posted by CountryBoy

Cookie stuffing and Meet the Fockers copyright infringement... this Shawn Hogan character really is a dark horse.

No wonder he's keeping such a low profile.

he's a bad seed

But a RICH seed!

getting what he deserves imo, why take advantage? he already has a successful business and is a millionaire.
That is GREED for you folks.

NO SOUP FOR HIM!



funniest post @ DP today (and by funny I mean ReT)

"well I guess since Shawn hasn't posted here about this..."

I was like bwaaaaaaaahahahaha.

Originally Posted by timsdd

NO SOUP FOR HIM!



funniest post @ DP today (and by funny I mean ReT)

"well I guess since Shawn hasn't posted here about this..."

I was like bwaaaaaaaahahahaha.

can u link ?

Originally Posted by timsdd

NO SOUP FOR HIM!



funniest post @ DP today (and by funny I mean ReT)

"well I guess since Shawn hasn't posted here about this..."

I was like bwaaaaaaaahahahaha.

lol. As an aside to the 'non-presence' of Shawn in that thread; Generally it's not wise to comment publicly on ongoing litigation.

I don't know Shawn other than what I've heard about him and DP and whether he's guilty or not commenting publicly only gives the other side more ammo thus isn't a wise thing to do especailly when big $$ is at stake.

Of course people will still rake this guy over the coals because he hasn't commented.. I'm just saying.

And there is also that good old fashioned thing called - defamation of charactor, just in case he gets off.