APPLICABILITY OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING TO CLICK FRAUD

United States courts have held that click fraud may constitute a violation of the implied contractual covenant of good faith and fair dealing, when Web publishers attempt to boost their revenues from advertisers by engaging in click fraud or soliciting the help of others in generating false clicks.

The following questions have been addressed in this article:

What has been the result in other cases involving breach of good faith and click fraud?
What other evidence might demonstrate breach of good faith and fair dealing?
What measures may rebut claims of violations of the covenant of good faith?

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