Comment by viraptor
7 months ago
It's a minimum maximum. The amount is still "up to" and courts rarely assign the maximum penalty for anything. It seems aimed at platforms which really break the rules, but are run at minimal cost. Basically a value of "what do you charge a minimal forum run at cost, with sole purpose of breaking all these rules".
Sure, it's "up to", but how low can you assume things will go? 5% would still destroy someone.
You could look at how penalties are assigned in other court cases which have maximum financial penalties.