Live data from Hacker News

Itch.io Taken Down by Funko

bsky.app

401–410 of 493 posts

Re: Itch.io Taken Down by Funko

#401
post #328

Earlier quoted context omitted.

I regret going with .io for my personal domain name. At the time I thought it was cool, but they've since raised prices and hearing things like this doesn't instill confidence...

And isn't .io on borrowed time, since the country will soon no longer exist?

Do they get rid of TLDs once the country they are assigned to goes away? I assumed they'd sell them to someone or something.

Re: Itch.io Taken Down by Funko

#402
post #31

I'm the one running itch.io, so here's some more context for you: From what I 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…

I wish brandshield would pull this shit with someone that was large enough to sue them for fraud or tortious interference.

Re: Itch.io Taken Down by Funko

#403

Earlier quoted context omitted.

I've helped move a few domains from Gandi to Cloudflare. The move was relatively straightforward (couldn't get the Gandi records export to import into Cloudflare so had to do it manually...), and the new domain and renewal prices are lower. To replace Gandi email (that Gandi went from free to ramping up the pricing for when they were taken over), Cloudflare offer email forwarding so you can receive incoming mail from…

You should check out something like DNSControl. Makes switching or having multiple easy. I have mine going to a bind zone file and cloudflare, and use the bind file for Unbound

FYI, you are hellbanned (your comments are auto [dead], very few people will see them). Email hn@ycombinator.com to fix it :)

Re: Itch.io Taken Down by Funko

#404
post #31

I'm the one running itch.io, so here's some more context for you: From what I 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…

Filing false reports like this should count as fraud.

>Filing false reports like this should count as fraud.

It does, but they never mess with anyone with big enough pockets to get sued for it.

Re: Itch.io Taken Down by Funko

#405
post #173

Earlier quoted context omitted.

Maybe not "criminal", sure. But even us thinking "oh it's a civil matter, not criminal one" is something conjured up by the lawyers in conjunction with government. It's such a convenient excuse, basically making it so that you as the injured party need to prove something at your own expense - expense that is directly funneled to the lawyer class. At the very least what happened here is lying in a commercial context.…

You don’t have to go through a lawyer, ie represent yourself, afaik.

This is not a good strategy. You're almost guaranteed to lose being pro se against corporate lawyers.

Re: Itch.io Taken Down by Funko

#406

Earlier quoted context omitted.

It's just so surprisingly tone deaf when things like this are done by companies that exist purely within the goodwill of their customers. Nothing that funko brings to the table has inherent value. If they have any world outlook other than to love their customers as much as they can, then they will fail in a time measured in quarters.

I'm pretty sure Funko used their service in good faith and didn't know it's based on over-aggressive AI bullshit. They're still on the hook for picking a bad company to partner with, but I don't think they intended to take down the entire domain.

I don't see a large message on the Funko site with a profuse apology for taking down Itchio. This indicates to me they fully endorse their action and are not willing to make amends.

Re: Itch.io Taken Down by Funko

#407

Earlier quoted context omitted.

IANAL either, but my guess is that itch.io has precisely 0 plausible legal recourse here. The strongest case would be something along the lines of breach of contract via the domain registrar, but your standard internet contract has a term in it that amounts to "we get the right to fuck you", so I assume that applies here, so no breach of contract actually exists. This also kills every claim that's dependent on breach…

> you need something like actual malice--specific knowledge of falsity IANAL, but as I understand it the definition of malice also includes "reckless disregard for the truth". I'm sure a good lawyer can argue that not having human lawyers review, investigate, and confirm computer-generated abuse reports before sending them to outsiders constitutes a reckless disregard for the truth.

A lawyer might argue that, but it's not going to be a compelling argument. Recklessness is generally a conscious disregard of the consequences; as applied to defamation-like claims, it's generally seen as "you specifically voiced doubts about the truth". Failing to vet automated abuse reports is going to be at best negligence (and I'm dubious of even that, because given the nonbinding nature of abuse reports, it's not clear there is even a duty to candor in abuse reports that one can be negligent of), absent internal complaints about "the accuracy of these things is total shit".

Re: Itch.io Taken Down by Funko

#408
post #325
post #167

Earlier quoted context omitted.

Even if the suit is 100% justified (which it is in this case), and you can show damages, the problem will usually be of jurisdiction. Funko Pop is an American Company. BrandShield, the "Brand Protection Software" they used, is based out of Israel. iwantmyname, the registrar, is from New Zealand. They got bought out by Team Internet, which is British. And who knows where all of them are actually registered. They are a…

The chain of culpability, in my view as an outsider, goes iwantmyname > BrandShield > Funko Pop. Funko Pop hired BrandShield, but from what I understand they did so exactly because the latter does all the work without you having to intervene. Kind of like you hiring a lawyer and them using ChatGPT to present the case, full of errors and non-existent sources. The lawyer might have been acting on your behalf, but they…

If you hire the bad lawyer and loose the case, the lawyer won't serve your penalty. If Funko authorizes anyone to represent them, they are responsible.

Re: Itch.io Taken Down by Funko

#409
post #244

Like I frequently¹ advise²: Don’t look to large, well-known registrars. I would suggest that you look for local registrars in your area . The TLD registry for your country/area usually has a list of the authorized registrars, so you can simply search that for entities with a local address. Disclaimer: I work at such a small registrar, but you are not in our target market. 1. https://news.ycombinator.com/item?id=32095…

How do you monitor for when they inevitably get acquired?

Re: Itch.io Taken Down by Funko

#410
post #15
post #2

ugh this kind of stuff just makes me wish DNS was less centralized, even though it's already incredibly uncentralized.. of course it's just all registrars just being a weak point.. as always

It is as decentralized as you can get. Dns is the entire foundation of decentralization, any more and you get into schizo hyperprivacy protocols.

The network is decentralized, but each domain still has a single registrar, making the service you (domain owner) receive very centralized. If that one registrar misbehaves or is unresponsive, you're out of luck.
Post reply on HN