eBay has filed a suit asserting claims under the Computer Fraud and Abuse Act, RICO, and Cal. Penal Code Section 502 against two affiliate marketers who engaged in "cookie stuffing" to improperly obtain referral payments from the auction site. Under normal circumstances, an eBay affiliate marketer earns a referral payment by directing visitors to the eBay website via links on the affiliate's website that sends visitors to eBay. When the visitor subsequently arrives at the eBay site, a cookie is automatically placed on their computer indicating which affiliate was responsible for the referral and eBay will pay that affiliate a commission if the visitor engages in certain activities (e.g., making a purchase, registering for an eBay account) within a specified period of time. According to the complaint, instead of placing ads or links to eBay on their websites, the defendant marketers embedded tiny image files or JavaScript code in their websites that redirected visitors to the eBay website without the users' knowledge, triggering eBay to drop a referral cookie on the visitor's computers and leading to the payment of referral commissions. The case is pending in the Northern District of California. A copy of the complaint can be found on the Courthouse News website.