zlacker

You're missing a few elements. One of which is, "the injured party’s right to rely thereon"[0] (unless that's what you mean by #4 above).

"A party does not have a right to rely on a representation if she is aware the representation is false, not enforceable, or not made to her."

It's clearly arguable that the ad network knows that a browser is able to click on an ad in an automated fashion. Thus, they do not have a right to rely on that representation, as it is not enforceable.

[0] - http://www.mitchell-attorneys.com/legal-articles/common-law-...

>>dsp123+(OP)
Knowing that it is possible for a representation to be falsified (what you describe the ad network as knowing) is very far from knowing that it is false (the branch of the standard you appear to be appealing to argue a lack of right-to-rely.) So, I don't think the argument, as you've made it, is convincing.