In my opinion this plaintiff is just dumb and should have researched and read the documentation prior to using the adwords service. It really isn't hard to use. I'm sure google will be covered by the fact he had to agree to the TOS to use adwords. http://news.yahoo.com/s/ap/20080422/ap_on_hi_te/google_lawsuit;_ylt=Av5G7U1fYQlAa1lme8B1Yzis0NUE
It is kind of shady of them to automatically turn on the content network. Looks like that'll be set to off by default if they lose this one. This guy apparently won versus Yahoo before. I have never actually checked their tos to see if that is covered, has anyone else?
Yahoo is even worse because you have to manually block URLs, and they only allow you to block 250 of them
So if I want to adverstise using adwords I have to put 0 in the content field if I don't want to advertise on the content network ? The content network is anything besides search ads, like adsense ?
Most online companies think that they can hide behind a strong tos and that they are protected by it. That is not entirely the case if it can be proven that the tos violates common law or is applied discriminately. In most instances the legal burden/process presents a huge burden for most consumers who just "forget" about it - that is what most of these companies count on. I got to admire this guy for taking a stand and challenging a big company - even if he loses.
You just uncheck the content network box, people are opted in by default. While I do think AdWords should change that, I don't agree with the "I was too lazy/dumb to read about what I was doing so I lost money so everyone should take care of me" mentality these lawsuits bring about. Search vs content is no different that brake pedal vs gas pedal in your car. One does one thing, the other another. People tend to learn that before they try and drive.
this is why you have to uncheck the content targeting box. The moron left the checkmark on Its his fault for being ignorant and not learning how to use the system. Its like driving a car without reading the user manual He pushed the gas pedal but failed to learn there is a brake to make things stop
Google is by far one of the most unethical companies in the PPC business. If I had to gamble I would say the lawsuit would have been avoided had google actually provided proper support.
I agree. This is the case of big company arrogance. They just don't give a damn except for their bottom line.
Wonder if they are on a no win no fee deal, only pay for results? I agree that the CN should be turned off at default, but as someone has already mentioned this is why you learn to swim before diving in.
This could be a costly battle. Personally I don't see Google Losing but I agree the content network should be turned off by default, I don't use it 99% of the time.
This is how I feel about it. It's not that complicated to turn off the content ads if you don't want your ads running there. I have a feeling this guy knew what he was doing before he even opened an AdWords Account. PPC-Coach said he won a lawsuit against Yahoo before this one so if he's already had problems with a PPC program before then why wouldn't he do his due dilligence on AdWords before opening an account so he doesn't have another problem? My answer to that is because he's feigning ignorrance and putting the blame on Google when he knew all along what the deal was. He's just trying to exploit the TOS so he can take people to court and win these lawsuits. That's what I think this guy is all about. Just trying to find any little thing in the TOS so he can take someone to court. After this Google lawsuit he'll probably take someone else to court. I could be wrong but that's my take on this.
Hahaha.... I accidentally put $20 instead of $0.20... I didn't sue them... my mistake... kind of the same thing??? - Chris
I think he definitely has a point. I didn't learn what the "content network" was about until I spent a few thousands of dollars advertising in that arena. Google has the most illusive customer service help desks I've ever experienced. Even the "specialists" in the one area (adwords) where you can actually reach someone, are trained to give you minimal information - almost as if they are not allowed to give you any tips on saving money or to help you become a more effective advertiser. The bottom line is that Google wants everyone to learn the hard way. There isn't anyone advertising with them that can say they haven't "wasted" money - be it by an option they overlooked or otherwise, too many advertisers must pay dearly when they could have spent their budget more efficiently with better guidance from Google - but, it is obvious that it is in Google's best interest for us to learn with our wallets, and that's not right.
Sorry, but if you spent a few grand before you found out what the content network is the only person to blame is you. Google's documentation talks about the content network right from the start. Google's in the business of making money - not helping you become a better advertiser. They provide the platform and the tools - how effectively they are used is the responsibility of the person at the keyboard. cpugeek - the content network is great when used properly.
According to their slogan, "Google is here to provide you with the most effective advertising available" - According to your logic they mean the most effective advertising available to make them money. If I outsourced any reputable advertising company in the world and let them work with a similar budget, they would at least have a couple of conference calls with me to learn my objectives and help me come up with the ideal game plan so that my advertising money is utilized properly to meet these goals. Google's best attempt at this is a cheap "optimization" review. I don't know any company that would just let you read a document so they can "cover their basis".