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.

88 points

This is crazy. How can they just take down your domain without at least discussing the issue.

permalink
report
reply
8 points

That’s pretty crazy.

permalink
report
reply
524 points

I mean, it sounds like a lawsuit to me.

  1. A takedown request was issued on false grounds.

  2. This takedown was then actioned without any due process.

  3. 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…

permalink
report
reply
270 points

Fixed penalties just become the cost of doing business. Like actors, we need to start asking for percentage of gross.

permalink
report
parent
reply
78 points
*

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.

permalink
report
parent
reply
6 points

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.

permalink
report
parent
reply
121 points

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…

permalink
report
parent
reply
18 points

I believe all of this is legal thanks to DMCA.

permalink
report
parent
reply
49 points

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.

permalink
report
parent
reply
5 points

Maybe if they followed the dmca process

permalink
report
parent
reply
7 points

Domain names arent copyrightable. This falls into trademark laws.

permalink
report
parent
reply
2 points

They made a false fraud report, not a DMCA takedown (which shouldn’t have taken down the entire site anyway).

permalink
report
parent
reply
21 points

Funko would drag a lawsuit out for years, but Itch might have the spite to push through it.

permalink
report
parent
reply
16 points

They’d probably settle. It’s not worth the cost to funko either

permalink
report
parent
reply
9 points

Would the lawsuit be against funko or the registrar (or both) ?

permalink
report
parent
reply
21 points

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.

permalink
report
parent
reply
14 points

Fixed minimum penalty

permalink
report
parent
reply
11 points

Hopefully this ruins Funko Fucks

permalink
report
parent
reply
40 points

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.

permalink
report
parent
reply
1 point

Fixed fine on a sliding scale for repeat offenders

permalink
report
parent
reply
11 points

It works for me now? Not sure how long ago this was, timewise, but at least they are back on.

permalink
report
reply
9 points

Still doesn’t work for me.

permalink
report
parent
reply
26 points

That can be just your DNS server having it cached. The servers behind it still exist

permalink
report
parent
reply

Yup. 45.33.107.166 works.

permalink
report
parent
reply
127 points

AI will take our jobs

AI will create more jobs because there will be dedicated staff who needs to handle the fallout when it does stupid shit

permalink
report
reply
58 points

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.

permalink
report
parent
reply
5 points
*
Removed by mod
permalink
report
parent
reply

Technology

!technology@lemmy.world

Create post

This is a most excellent place for technology news and articles.


Our Rules


  1. Follow the lemmy.world rules.
  2. Only tech related content.
  3. Be excellent to each another!
  4. Mod approved content bots can post up to 10 articles per day.
  5. Threads asking for personal tech support may be deleted.
  6. Politics threads may be removed.
  7. No memes allowed as posts, OK to post as comments.
  8. Only approved bots from the list below, to ask if your bot can be added please contact us.
  9. Check for duplicates before posting, duplicates may be removed

Approved Bots


Community stats

  • 15K

    Monthly active users

  • 6.7K

    Posts

  • 153K

    Comments