Re: 'Download' ads on tortoise website

On 15 March 2012 19:12, Jamie Pate <jamie.pate_at_gmail.com> wrote:
> The text ad is fine as long as Stefan doesn't care about competition. It
> doesn't say 'DOWNLOAD' with no explaination it's pretty clearly a
> 'competing' svn company (as if anything can compete with tsvn).
>
> it's the big 'DOWNLOAD button' that i'm pissed about (and kind of looks like
> the sourceforge download button, and is quite obviously trying to
> fraudulently get clicks),

And just to clarify, no-one is or ever was calling Stefan fraudulent,
only the producer of that sort of ad which has just an unlabelled
download button.

Simon

-- 
:       ___
:  oo  // \\      "De Chelonian Mobile"
: (_,\/ \_/ \     TortoiseSVN
:   \ \_/_\_/>    The coolest Interface to (Sub)Version Control
:   /_/   \_\     http://tortoisesvn.net
> I guess the real answer is for everyone here to click on the 'ad choices'
> link and complain about it. If enough people complain then the ad (and the
> advertiser possibly) may get reviewed/pulled by google
>
> Come on crowdsourcing!!
>
> On Thursday, 15 March 2012 04:41:55 UTC-7, Niemann, Hartmut wrote:
>>
>> > -----Ursprüngliche Nachricht-----
>>
>> >
>> > And please don't tell me that the ad in the screenshot isn't a
>> > deliberate deception to make users mistake it for the real download
>> > button they're looking for.
>>
>> This is the point.
>> What Kurt sent is not an ad.
>> It is an attempt to defraud.
>> Because it does not tell what you download (from where).
>> So it is not far-fetched that users assume that they download
>> what the page is about: TortoiseSVN.
>>
>>
>> Stefan, I can accept that there are ads on the tortoiseSVN page
>> put I want some standards to be respected.
>>
>> We (you, Stefan, being google's customer?)
>> should complain at the ad service that *this*
>> kind of ads is not accepted.
>> In Germany, I'd try to catch this with "Unlauterer Wettbewerb"
>> or "Betrug".
>> I would ask Google's law department whether they think it is
>> already "Betrug" if they - knowingly -
>> distribute such misleading ads. (That is: tell them that they
>> did and ask them politely whether they think it's legal that
>> they continue after you informed them.)
>>
>> BGB according to dejure.org: "§ 263
>> Betrug.(1) Wer in der Absicht, sich oder einem Dritten einen
>> rechtswidrigen Vermögensvorteil zu verschaffen, das Vermögen eines anderen
>> dadurch beschädigt, daß er durch Vorspiegelung falscher oder durch
>> Entstellung oder Unterdrückung wahrer Tatsachen einen Irrtum erregt oder
>> unterhält, wird mit Freiheitsstrafe bis zu fünf Jahren oder mit Geldstrafe
>> bestraft.
>>
>> (2) Der Versuch ist strafbar.
>> "
>>
>> And "einen Irrtum erregen oder unterhalten" is surely true with
>> an ad that looks like a download button.
>>
>>
>> And maybe we should contact aquafold.com to sue that advertiser,
>> because aquafold does it far better, they tell you that they're
>> someone else.
>>
>> Still I think it's strange that the ads are so targeted that they
>> offer directly competing products.
>> If I published a sports club's monthly newsletter, I would accept
>> ads for everything legal, be it insurances, bakery stores, plumbers,
>> except for other sports clubs.
>>
>> Hartmut
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