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Thursday, January 15, 2009 Y 6:45 AM Advise to share Copyright Advise to blogshop owner whose rights are infringed: - injunctions (to stop someone from doing something) - damages (whether actual damages, as proved, or statutory damages) - account of profits An award of statutory damages is a remedy (instead of damages) that the Court may order against the infringing party without the need for the copyright owner to prove the loss he has suffered as a result of the infringement. This is subject to a per-work ceiling of $10,000 and to an aggregate ceiling of $200,000 for a particular action. Factors in Determining Statutory Damages In determining the amount of statutory damages, the Court is to consider these factors: - nature and purpose of the infringing act, including whether the infringing act was of a commercial nature or otherwise; - flagrancy of infringement; - if the act was done in bad faith; - any loss suffered or likely to be suffered by the copyright owner; - any benefit shown to have accrued to the defendant; - conduct of both parties before and during proceedings; - the need to deter similar instances of infringement; and - all other relevant matters. Taken from http://www.ipos.gov.sg/ Breach of Contract Advise to blogshop owners who meet deadbuyer: - Owners can claim damages for the loss of business she could have made with another customer. - Owners can cancel the transaction without the notification of the buyer who doesn’t pay within the given period of time. - Owners ban the customer from ordering products if he/she is a frequent deadbuyer. Advise to buyers: - Customers can claim damages for the money she/he has paid. - Accept the fact and never order from the same shop again. Hacker Advise to blogshop owners whose email/blog account have been hacked: - Inform your customers about the incident to allow them to take the necessary action (call the bank to cancel existing credit card and create a new card) - Honesty is the best policy. Informing your customers will keep the trust between owners and buyers. You will be less likely to lose your customers. - Call the police - Call up the website management (live journal, gmail, hotmail, etc) to report your case and get back the account. Online Fraud Advise to blogshop owners: - Request for a clear photo shot of the Money transfer receipt, instead of a scan. It is easier for customers to photoshop a scan receipt. - Have significant marks on the receipt to help identifying the receipt - Only allow Internet Banking(IB) or meet ups - Check frequently with the banks the transaction made to your account. Make sure it tallies with your customers’ receipts. However, it is time consuming. Other advise Response Incident notification – instantly notify the relevant personnel (customers) should there be any incidence occurring to the blog shop. The incident will be followed up, with activity logs and evidence to be kept for prosecution against evil-doers. Maintaining ethics The blog shop owner has to be ethical and ensure that the profile and privacy of their customers are kept strictly confidential. This can be done by locking the profiles and private information of the customers, such as the bank account numbers, with a privately secured and encrypted folder. Furthermore, the owner can also make use of a tag board to screen through the private messages left by the customers. Terms & Conditions The patrons must accept the terms and conditions laid down by the blogger before carrying out their transactions with the blogshop owner. Blogshop owners must state clearly the terms and conditions to be followed and accepted by its customers.
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