Setting fines like this can always have an incentive problem (see also extraction companies with "oops, I shouldn't have mined/cute/whatever there").
I've always wondered if a sensible structure could be made to ensure that the fine is at minimum a few multiples of the possible benefit to the company. With advertising this is harder than say, falling trees.
e.g. we estimate your company generate revenues of X from this activity, so we set the fine at 10X. If you disagree with X, you can prove it with detailed, audited statements, and we will take 10 times that amount if we are convinced.
I've always wondered if a sensible structure could be made to ensure that the fine is at minimum a few multiples of the possible benefit to the company. With advertising this is harder than say, falling trees.
e.g. we estimate your company generate revenues of X from this activity, so we set the fine at 10X. If you disagree with X, you can prove it with detailed, audited statements, and we will take 10 times that amount if we are convinced.