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 hope this teaches them the valuable lesson of always having domains with more than one registrar.
Or, hopefully, we migrate to a system more advanced than DNS registrars where your “name” can be taken down by an unrelated third party. The current system sucks and the fact that even the Fediverse relies on it (accounts are tied to domains, making full account migration impossible) makes even the remains of my pre-graduate CS student brain rumble.
what do you mean
Maybe he’s talking about some sort of peer to peer thing
maybe
Or even blockchain!
The current DNS implementation works well but there should maybe be some ICANN rules that restrict regristars more.
I can’t really think of a way to make it better without making it less secure.
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…
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.
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
Hopefully this ruins Funko Fucks
I believe all of this is legal thanks to DMCA.
Maybe if they followed the dmca process
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.
They made a false fraud report, not a DMCA takedown (which shouldn’t have taken down the entire site anyway).
Domain names arent copyrightable. This falls into trademark laws.
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…
Fixed minimum penalty
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.
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
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AI will take our jobsAI will create more jobs because there will be dedicated staff who needs to handle the fallout when it does stupid shit
Turns out we can solve the unemployment crisis by just creating problems for ourselves! Let’s start throwing eggs at windows to get window cleaners more business.
This is surely what Reagan envisioned every Spring.
Yeah but it’s gonna be those slimy lawer-types
This is crazy. How can they just take down your domain without at least discussing the issue.
That’s pretty crazy.
It works for me now? Not sure how long ago this was, timewise, but at least they are back on.
Still doesn’t work for me.
That can be just your DNS server having it cached. The servers behind it still exist
Yup. 45.33.107.166 works.
WTF
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…
So from what I’ve heard at least some of those are just fan pages that just link to the official site.
Sounds about right for funko lol.
( though tbh, listing all games that taken the funko brand would be a massive task lol ).Still, this one hell of a messy shit i wouldnt want to touch legally haha
though tbh, listing all games that taken the funko brand would be a massive task lol
That’s what the brandshield “AI” was supposed to automate. Hell, I could possibly cobble some python script to crawl through itch and create a list of infriging games/devs, something that wouldn’t take more than 1 day.
Sure, but for a lawsuit you should also validate that list to make sure there were no mistakes. Same should have happened with the ai bot. But nooooo, too many people takes scripts and ai output as facts -_-
Funko? That irrelevant, ugly, shitty, cheap, tacky, terrible brand from the 2010’s that lacks any relevance in 2024?
Yeah, I know 'em.
I see their junk at every thrift store and flea market in Ohio.
I legitimately thought they went out of business.
youtooz is working with snaller creators unlike funko which i think olny worked with m(iste)r b®east
I’ve always been more interested in youtooz than Funko Pop’s, since they do collaborate with creators I thought their products a few times. On the streamers I watch used to have an adorable dog with a hat and it came out to be a lot better quality than I thought it was going to be
I like how people collected them as if they’d be valuable. I survived the beanie baby craze, fool me once and all that.
more details by itch.io dev
They’ve gone too far this time. Now how are we supposed to play egg fried rice
Itch.io dev on this situation on Hacker News.
What HN client is this?
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)
where is hacker news
Perfect ⭐ Thank you
Man GNUnet cannot come soon enough Or they’ll have to switch registrars
Or Tenfingers (shameless plug)
Interesting
I’m ironing out some quirks at the moment (a vulnerability was found and I’m profiting off that I had to do some core modifs to do some refacts too), if you’re interested you can sub to !tenfingers@lemmy.mindoki.com I’ll post an update when things get rolling.
Ok then
Looks like they switched to 1api.net
Good. If a registrar causes issues because of their own non-response during their own investigation then it’s useless.
I wish to avoid any and all companies which do not have actual customer service, but I don’t know if this is possible without spending a lot of extra money.
unfortunately we’ve entered an era where not wanting to condone/support/endorse/encourage shitty corporate behavior requires the sacrifice of not getting to enjoy most products and conveniences that are available. theyre often enjoyed by many other folks who just shrug and say “everyone else is doing it”
I find most companies that undercut their competitors’ prices are cutting corners somewhere I don’t want to be involved in. quality and customer service has a price. I try as hard as I can to pay that price, or just do without.
just try your best, pick your battles; it’s all anyone can do without going insane and/or full modernity-hermit
(reminds me of the cattle “rancher” in ‘king corn’ who says theyd love to go back to selling grass fed, grass finished beef, but all anyone wants to buy is cheapass, corn sileage-stuffed feed lot crap, so it’s either sell that, or go out of business. producers cant just choose their market; there has to be a demand for it.)
