https://bsky.app/profile/itch.io/post/3lcu6h465bs2n
(From the official itch account on Bluesky) I kid you not, @itch.io has been taken down by Funko of “Funko Pop” because they use some trash “AI Powered” Brand Protection Software called Brand Shield that created some bogus Phishing report to our registrar, iwantmyname, who ignored our response and just disabled the domain
(Continuation via Twitter) Also, for transparency, we did take the disputed page down as soon as we got the notice because it’s not worth fighting stuff like that. Regardless, our registrar’s automated system likely kicked to disable the domain since no one read our confirmation of removal
you can’t make this up
Time to switch registrars.
Funko Inc. is an American company that manufactures licensed pop culture collectibles, best known for its licensed vinyl figurines and bobbleheads. In addition, the company produces licensed plush, action figures, and electronic items such as USB drives, lamps, and headphones. Founded in 1998 by Mike Becker, Funko was originally conceived as a small project to create various low-tech, nostalgia-themed toys.
Well…
For this shit we lost itch.io,Super,
So who is the CEO of Brand Shield? 🤔
A few adjustments to his policies may be necessary
At first I was like “WTF does an indie games site have to do with Funko?” then I Googled it…
Looks like they hosted a BUNCH of infringing games, so Funko, instead of doing the righteous thing and sending them a takedown request, just nuked the whole domain…
Never send an AI to do a lawyer’s job. Did that registrar have anything to fear, legally?
The registrar appears to have ignored the response from itch.io (source with additional details). I’m not sure what that means for them legally speaking – but not following the DMCA process correctly probably opens them up to being sued for damages.
The problem is they didn’t initiate the DMCA process at all, nor did the report submitted have anything to do with Copyright Infringement. They submitted a fraud/phishing report, as if the domain itself was serving or facilitating malicious content harmful to someone who visits it… So forget the DMCA process, this was straight up just corner cutting on the part of the firm representing Funko that misrepresented the nature of the situation as a whole.
Legally, going to the registrar so fast isn’t even the right course of action. You first have to contact the poster, then the platform, then the hosting provider, then the registrar. Of course in normal DMCA cases the first 2 are the same person so you don’t really have to do that (and also who will care if it goes to court)
It’s AIs ans automated systems all the way down at this point. No humans in the loop, just machines talking to machines.
ah shit, i went to an itch.io powered dev’s page earlier and it was down, I was super confused. glad to see dmca continues to be abused
Automated systems talking to automated systems
Sue them for damages.
I have to suffer the dead eyed stare of these abominations every time I visit my local book store. Who the hell is buying those?