OK, folks, here is a plan of attack:
FIRST:
The best bet with a court case is to have major sponsors as Plantiffs and the issue be PPC hijacking. It's pretty hard to see where there is any gray area here, and the major sponsors who do PPC on Google will be very eager I'm sure to stop this. Especially since it is likely going to become a bigger issue.
So sombody needs to step forward and research this, but with a particular focus: Get video documentation of how PPC clicks were hijacked from major sponsors. Then approach the sponsors (or maybe one of the sponsors takes this initiative) with this information. Try to get them all to go after ZANGO in court to recover damages directly related to the PPC hijacking.
SECOND:
Get in touch with Too Much Media / NATS, CCBill, and the major adult dating and webcam sponsors. This will not cover every sponsor in the industry, but it will cover most of them. Make them aware of the problem. Here is one possible solution that doesn't solve the problem but makes it less easier for affiliates and owners to get screwed:
Insert a random delay, say between 30 seconds and 1 hour, into visitor tracking. During this delay period, a tracked visitor cannot be reassigned.
There is likely a better solution from a technical standpoint, though- in particular, I could imagine a "spyware filtering" mechanism that would look for affiliates who attempt immediate visitor assignment changes. The technology could simply disable affiliates who do this.
THIRD (and this is a big one):
Demonstrate to Sponsors the magnitude of the problem and the fact that it is likely to quickly get worse. Show them that if they take a stand against this sort of spyware, they can use the fact that they are "SPYWARE-PROOF" (or a like term) to their competetive advantage. That would be a wonderful thing to hear from an affiliate standpoint,
On a larger-scale note, we really need a trade group to handle issues like this. That same trade group should have also distanced the industry from ventures like Red Rose Stories and furthered the image of adult as a law-abiding and up-and-up business (if not a respectable business).
The closest thing we have is the FSC. I would be in for abandoning the FSC for a trade group with a more encompassing focus like this.
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