Bluesky Post (this was also posted on twitter)
I was hoping to find a statement from the aggressor, but it seems to be too early.
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I mean, it sounds like a lawsuit to me.
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A takedown request was issued on false grounds.
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This takedown was then actioned without any due process.
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The issue has caused tangible, and measurable, loss (calculable from prior sales records).
Honestly, there needs to be a fixed penalty fine for bad takedowns…
Fixed penalties just become the cost of doing business. Like actors, we need to start asking for percentage of gross.
Imo we need to start attaching criminal penalties to the people behind businesses that knowingly abuse their power and position like this. Corporate bullying isn’t a financial position, it’s a failing of ethics.
Yup. The first couple of times might have been a mistake subject to fine. The third time you’re facing criminal contempt of the rule of law.
Imagine if in America, corporations were subject to the three strike rule
Takedown requests being spammed everywhere is sort of standard, what’s crazy is that their domain holder immediately honored the request, completely ignoring how massive itch io is with millions of users…
Honestly, there needs to be a fixed penalty fine for bad takedowns…
Absolutely not, fixed fines become expected costs, and immensely favor monied actors. Make it percentage based so it hurts equally, and rich people actually have to pay a measurable amount.
Fixed fine on a sliding scale for repeat offenders
Funko would drag a lawsuit out for years, but Itch might have the spite to push through it.
They’d probably settle. It’s not worth the cost to funko either
I believe all of this is legal thanks to DMCA.
The DMCA doesn’t make false requests legal (I’m also not sure if this specific issue falls under the DMCA), but it does fail to define any meaningful penalty for making them.
Domain names arent copyrightable. This falls into trademark laws.
Maybe if they followed the dmca process
They made a false fraud report, not a DMCA takedown (which shouldn’t have taken down the entire site anyway).
Fixed minimum penalty
Hopefully this ruins Funko Fucks
Would the lawsuit be against funko or the registrar (or both) ?
Probably both if you can make the case for it. Funko for the false request, the registrar for not doing their due diligence in honoring it. Depending on the wording of the law the registrar may be off the hook however, so whether there’s a case to be brought there would be a question for their lawyers.
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Itch.io dev about this situation on Hacker News.
Leafo
I’m the one running itch.io, so here’s some more context for you:
From what can tell, some person made a fan page for an existing Funko Pop video game (Funko Fusion), with links to the official site and Screenshots of the game. The BrandShield software is probably instructed to eradicate all “unauthorized” use of their trademark, so they sent reports independently to our host and registrar claiming there was “fraud and phishing” going on, likely to cause escalation instead of doing the expected DMCA/cease-and-desist. Because of this, I honestly think they’re the malicious actor in all of this. Their website, if you care: https://www.brandshield.com/
About 5 or 6 days ago, received these reports on our host (Linode) and from our registrar (iwantmyname). I expressed my disappointment in my responses to both of them but told them had removed the page and disabled the account. Linode confirmed and closed the case. iwantmyname never responded. This evening, got a downtime alert, and while debugging, I noticed that the domain status had been set to “serverHold” on iwantmyname’s domain panel. We have no other abuse reports from iwantmyname other than this one. I’m assuming no one on their end “closed” the ticket, so it went into an automatic system to disable the domain after some number of days.
I’ve been trying to get in touch with them via their abuse and support emails, but no response likely due to the time of day, so decided to “escalate” the issue myself on social media.
(OCR)
What HN client is this?
where is hacker news
Perfect ⭐ Thank you
What the absolute fuck? itch.io is fucking massive, how did the registar just treat them like this? goddamn!
There’s been an aggressive push against gaming recently. Check all the recent Steam news.
I haven’t seen anything like that. What steam news specifically are you referring to?
They are probably referring to this: https://www.adl.org/resources/press-release/millions-examples-extremist-and-antisemitic-content-found-steam-new and this: https://www.pcgamer.com/software/platforms/steam-is-an-unsafe-place-for-teens-and-young-adults-us-senator-warns-gabe-newell-of-more-intense-scrutiny-from-the-government-if-valve-doesnt-take-action-against-extremist-content/
It’s it anti video games to point out something that is actually happening? Just because you love the company doesn’t mean that any bad news is an attack against the industry. Valve doesn’t want to moderate their forums, it was bound to happen.
I am a big GOG enjoyer myself, but when I need to use steam for anything, I have never encountered such content. Perhaps there is such content in private or otherwise not very visible spaces (such as user profiles), where they will not get reported, but that is true for any site with user content. I call BS on this being an issue.
Really? Because in my experience you have to wade through racist, homo- and transphobic, and misogynistic shit the second you foolishly open the discussions page on any game that features black or brown, LGBTQIA, and/or female characters.
Much of that is just bots and if you spend any measurable time on the internet you start to ignore stuff with variable capital letter words and emoji spam so it’s not outside of the realm of possibility that the person you’re responding to, doesn’t see that stuff. I don’t really either. My brain auto filters paragraphs of anti woke/racist rhetoric like pop-up ads.
As I said, I have never seen anything I would consider extremist myself. Though from your reply, I get the feeling the issue could be an unreasonably broad definition of extremist content on your side. That or I just happen to not visit games with such discussions.
I am a big GOG enjoyer myself, but when I need to use steam for anything, I have never encountered such content.
You’ve never seen a Pepe meme on Steam? I’m not kidding there either - if you dig into that ADL link and follow it to the research, they have a list of top extremist and hateful symbols on Steam and the swastika is number 2 at 9 percent of detected symbols. #1, representing something like 55% of extremist and hateful symbols their automated detector found on Steam was Pepe.
Perhaps there is such content in private or otherwise not very visible spaces (such as user profiles), where they will not get reported, but that is true for any site with user content. I call BS on this being an issue.
If you dig into their research, it’s mostly private user groups and profiles. Game discussion pages are moderated by their respective devs or whoever the devs appoint but user groups are moderated by their owner/appointees and user profile pages aren’t really moderated at all unless you’re doing something actually illegal in the US.
So unless you go looking at the user profile pages of white supremacists, or go searching for white supremacist user groups you won’t run into much of it.
So unless you go looking at the user profile pages of white supremacists, or go searching for white supremacist user groups you won’t run into much of it.
Yeah, that is my point. How can people be radicalized by something they don’t see?
Also, as non American, I find it mental that pepe memes are considered hate symbols now.
Pepe isn’t hate speech. It was re-co opted by the creator and I often see it in queer friendly gamer spaces. If your threshold for hate speech is a cartoon frog, you may need to recalibrate. Most people do not see it as such and do not use it as such.
All you need to do is join a Rust server and then look at some profiles.
If you only check the forums for technical questions then you’ll dodge it, if you look at the non tech sections for certain games (with diversity or ambiguous message like Hell Divers) then it’s something else.
Care to provide a link? I just skimmed Helldivers 2 discussions a bit and found nothing extremist.
Edit: The worst I found so far is this, which is pretty dumb but not really at the level of “dangerous”, or where it obviously needed to be removed.
Valve doesn’t want to moderate their forums
Devs and publishers are mods of their forums, if it’s too much for them they can add community mods or lock their forums (like some do).
And ultimately they’re still Valve’s responsibility. If you provide a platform, you’re responsible for what people do on it.
