Perhaps I did not read carefully enough, but I didn't read anything that made it seem like he directly or indirectly asked anything. He simply makes a point of being 100% transparent in how he runs his business; part of that was explaining that ad clicks improve his revenue. Did Google expect him to lie?
Effectively, yes, if you consider keeping secrets to be lying. Saying "clicking on these adds gets me money," could easily be considered indirectly encouraging people to click on ads. And that's against Google's rules... and for good reason.
I don't particularly like Google's lack of transparency, but all this stuff is in the terms you're required to agree to before you start using an AdSense account. Yes, it's a big scary legal document, but you can't say they didn't warn you.
That's kind of the point, I think. Stating an obvious fact is often used to suggest some kind of action. And it sounds like that happened here.
I feel bad for the guy, surely. He made a small mistake and paid disproportionately. But once you get branded as a cheater, even if by accident, then advertisers will run away from you.
TV isn't a good analogy, because it's a different business model, so this kind of cheating is impossible.
I wonder if that part of the ToS would hold up in court. This guy could have achieved the same effect by simply publishing some of his financial records, especially if he was going for transparency; anyone would be able to see his revenue report with an itemized entry that looked like "Ad Click Revenue - 152,380 clicks @ $X per click = $Y (50% of total revenue)". Can you actually sign away your right to publish such reports without redactions?
