> 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.
I feel like there's also some missing layer of infrastructure here.
itch.io, like a lot of sites (HN being another), is meant to act as a host of user-generated content, over which the site takes a curatorial but not editorial stance. (I.e. the site has a Terms of Use; and has moderators that take things down / prevent things from being posted according to the Terms of Use; but otherwise is not favoring content according to the platform's own beliefs in the way that e.g. a newspaper would. None of the UGC posted "represents the views" of the platform, and there's no UGC that the platform would be particularly sad to see taken down.)
I feel like, for such arms-length-hosted UGC platforms, there should be a mechanism to indicate to these "brand protection" services (and phishing/fraud-detection services, etc) that takedown reports should be directed first-and-foremost at the platform itself. A mechanism to assert "this site doesn't have a vested interest in the content it hosts, and so is perfectly willing to comply with takedown requests pointed at specific content; so please don't try to take down the site itself."
There are UGC-hosting websites that brand-protection services already treat this way (e.g. YouTube, Facebook, etc) — but that's just institutional "human common sense" knowledge held about a few specific sites. I feel like this could be generalized, with a rule these takedown systems can follow, where if there's some indication (in a /.well-known/ entry, for example) that the site is a UGC-host and accepts its own platform-level abuse/takedown reports, then that should be attempted first, before trying to get the site itself taken down.
(Of course, such a rule necessarily cannot be a full short-circuit for the regular host-level takedown logic such systems follow; otherwise pirates, fraudsters, etc would just pretend their one-off phishing domains are UGC platforms. But you could have e.g. a default heuristic that if the takedown system discovers a platform-automated-takedown-request channel, then it'll try that channel and give it an hour to take effect before moving onto the host-level strategy; and if it can be detected from e.g. certificate transparency logs that the current ownership of the host is sufficiently long-lived, then additional leeway could be given, upgrading to a 24-72hr wait before host-takedown triggers.)