Ok i have read many things about cookie stuffing being legal/illegal... Some things i have read have said that some merchants dont mind if you cookie stuff. I have also read things about some kinds of cookies that delete other affiliates cookies(basically they steal sales) So im pretty sure the stealing sales cookie is illegal but is it illegal to cookie stuff your own website? The cookies that i have tested get removed/deleted when they visit and click on another sites link. I dont want to get into any trouble here so thats why im asking My scenario: i would have a review site(mainly of clickbank products) and i would place 1 cookie with the products link im promoting on the page i am reviewing it this cookie would not do anything malicious such as delete other affiliates cookies ect so would this be considered legal or illegal?
I think it would be reasonable if you stuff cookies on a page that contains legitimate content discussing or promoting the product related to the cookies.
It depends on the affiliate. Im pretty sure all affiliates will suspend your account if your cookie stuffing, and I believe I read some cases where lawsuits were made against cookie stuffers (only heard of ebay and amazon doing this) Cookie stuffing would replace existing cookies of the other affiliates if its on the visitors computer...
I had never thought of it that way before. But then, if the visitor buys as a result of reading the 2nd article, having not been fully convinced by the 1st article, would the cookie be overwritten anyway?
If the visitor clicks on an affiliate link on another website, the cookie is placed. Then if the visitor goes to your page with the cookie stuffer on it, it replaces the existing cookie on their computer. If they then click on a link and make a purchase, you (the 2nd) will be credited (unless they go to yet another site, and click on an affiliate link, in which case that cookie will replace yours)
Cookie stuffing is illegal. You may be sued by the affiliate program and you may be indicted by the federal government. This is already happening right now.
I guess I should have been more specific for the people who like to over-analyze comments posted on message boards. No, cookie stuffing itself is not named as a specific illegal act, but it is fraud that can lead to civil and criminal prosecution.
Cookie stuffing can get you sued, but thats it. It would never fly as 'fraud' in court. Stop giving false information.
There are a number of civil and criminal cases involving cookie stuffing working their way through the system right now. I don't keep a list, so you'll have to search Google. Here is one for the thread just to prove that I'm not giving flase information as you claim.... --- Federal authorities are charging a Las Vegas man with marketing a so-called “cookie-stuffing†operation, enriching himself and others while defrauding eBay along the way. The felony conspiracy to commit wire fraud charge levied Tuesday against Christopher Kennedy, who faces a maximum 5-year prison term, centers around his website the authorities claim he owns called saucekit. The now-defunct site lets nefarious website owners purchase his cookie-stuffing code to unwittingly dupe eBay to pay those site owners thousands of dollars in advertising referral fees, the authorities said. More: http://www.wired.com/threatlevel/2010/02/feds-bust-cookie-stuffing-code-seller/ ---
"are charging", Someone can charge you for anything, but doesnt mean it holds up in court. Nevertheless, just dont get into cookie stuffing
Charges at the Federal level are very difficult to fight. They are selective of their cases and have about a 90% win rate. There is little question of guilt in cookie stuffing. 100% of the criminal cases should be guilty verdicts. There will be fines, forfeiture of earnings, seizure of property, possible limitations against certain future online business activities and prison sentences are likely.
If they prove you did it I think its against the law. Shawn is facing or faced some issues with this....
If you get sued, prepare to spend tens of thousands of dollars defending yourself. Then you can determine whether you'll win or lose, too.