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
(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
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)
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.
It seems like it was a DMCA takedown request. Anyone can submit these to content hosters and the hoster has to follow the process, which typically means removing the content until it can be proven that it isnt violating copyright. The problem isn’t the takedown request, but that it was given to itch.io’s registrar instead of itch.io itself. It’d be like asking to takedown youtube from the web because someone reposted your video on it.
It’s mainly a failure on the part of the register, if it’s automatically banning websites based on number of reports there’s a strong possibility this is going to keep happening, potentially for nefarious reasons.
This actually does happen a bit from time to time, it’s a bit of a weak point in the internet infrastructure.
It’s definitely a huge failure on the registrar part, but I wouldn’t say “mainly”, because it makes it sound like it’s normal for a company to send random blanket claims in all directions just in case something sticks.
I’m sure it’s not what you meant, but there definitely needs to be some sort of penalty for bad actors (including mass unsupervised automated claims).
Well it kind of was what I was getting at in a way, though distribution of fault is pretty debatable. I think the majority of fault lies with the company putting a failable automated system into production for something this, but I can’t help but wonder if there is potential for abuse if this is all it takes for the registrar to delist a legitimate business. I guess I tend to come from the perspective that security is primarily on the service provider, because everyone using the service can and will either abuse or break shit in a spectacular fashion.
Penalities would be a good start I think, like you mentioned. Business sometimes can only understand the language of money after all. It’s possible this is the exception to a system that functions quite well behind the scenes also.
I also appreciate the benefit of the doubt on this, it’s refreshing compared to the usual internet instant rage.
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 projectto create various low-tech, nostalgia-themed toys.
Not that this is very relevant to that wreck of a DMCA takedown, but IMO, yeah, these toys are absolute shit. Their ugly “style” make most of them absolutely unrecognisable without the label on the box. And yet they exist for absolutely anything.
They’re worse LEGO minifigures, without the excuse of being tiny and part of a construction set.
This is, unfortunately, the market. For many IPs, the only collectable that exists is the Funko Pop. So, it’s either one of those, or no memorabilia at all. (Personally, the latter is far preferable, but folks like their doodads.)
Yes, DMCA takedown have been taken, by itch.io,
It just seems, you dont have the right to have an opinion & respecting “laws” for some people.
They’re worse LEGO minifigures, without the excuse of being tiny and part of a construction set.
Ah ah clearly, one more big point,
They are just exististing to satisfy a bad syndrom, nostalgia,
They develop to the individuals, nothing more, or its clearly not an intend,
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…
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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?
Never send an AI to do a lawyer’s job. Did that registrar have anything to fear, legally?
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)
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.
Can someone explain? How does Funko have such ability?
It seems like it was a DMCA takedown request. Anyone can submit these to content hosters and the hoster has to follow the process, which typically means removing the content until it can be proven that it isnt violating copyright. The problem isn’t the takedown request, but that it was given to itch.io’s registrar instead of itch.io itself. It’d be like asking to takedown youtube from the web because someone reposted your video on it.
It’s mainly a failure on the part of the register, if it’s automatically banning websites based on number of reports there’s a strong possibility this is going to keep happening, potentially for nefarious reasons.
This actually does happen a bit from time to time, it’s a bit of a weak point in the internet infrastructure.
It’s definitely a huge failure on the registrar part, but I wouldn’t say “mainly”, because it makes it sound like it’s normal for a company to send random blanket claims in all directions just in case something sticks.
I’m sure it’s not what you meant, but there definitely needs to be some sort of penalty for bad actors (including mass unsupervised automated claims).
Well it kind of was what I was getting at in a way, though distribution of fault is pretty debatable. I think the majority of fault lies with the company putting a failable automated system into production for something this, but I can’t help but wonder if there is potential for abuse if this is all it takes for the registrar to delist a legitimate business. I guess I tend to come from the perspective that security is primarily on the service provider, because everyone using the service can and will either abuse or break shit in a spectacular fashion.
Penalities would be a good start I think, like you mentioned. Business sometimes can only understand the language of money after all. It’s possible this is the exception to a system that functions quite well behind the scenes also.
I also appreciate the benefit of the doubt on this, it’s refreshing compared to the usual internet instant rage.
Unmonitored automated systems can do a lot of damage.
Although maybe register important business domains with an actual large company you’ve heard of and not “iwantmyname”.
Well…
For this shit we lost itch.io,
Super,
Not that this is very relevant to that wreck of a DMCA takedown, but IMO, yeah, these toys are absolute shit. Their ugly “style” make most of them absolutely unrecognisable without the label on the box. And yet they exist for absolutely anything.
They’re worse LEGO minifigures, without the excuse of being tiny and part of a construction set.
This is, unfortunately, the market. For many IPs, the only collectable that exists is the Funko Pop. So, it’s either one of those, or no memorabilia at all. (Personally, the latter is far preferable, but folks like their doodads.)
Yes, DMCA takedown have been taken, by itch.io,
It just seems, you dont have the right to have an opinion & respecting “laws” for some people.
Ah ah clearly, one more big point,
They are just exististing to satisfy a bad syndrom, nostalgia,
They develop to the individuals, nothing more, or its clearly not an intend,
Time to switch registrars.
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
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…
the domain registrar never responded, what a fucking joke. time to switch
What the fuck, I assumed that this issue is resolved by now but turns out itch.io is still can’t be accessed
Seems to have been fixed some time in the last hour
So who is the CEO of Brand Shield? 🤔
A few adjustments to his policies may be necessary
Automatic Ai powered fraud is still fraud.
Automated systems talking to automated systems
Sue them for damages.
removed by mod
Triple D? Care to be more precise ?
DINERS! DRIVE-INS! AND DIVES!
Sorry, I have no idea, but couldn’t resist.
Those things are so fucking hideous. A shark has more soul in its eyes than Funko trash.