1772
submitted 2 weeks ago* (last edited 2 weeks ago) by moosetwin@lemmy.dbzer0.com to c/technology@lemmy.world

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.

you are viewing a single comment's thread
view the rest of the comments
[-] HexesofVexes@lemmy.world 526 points 2 weeks ago

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...

[-] peto@lemm.ee 273 points 2 weeks ago

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

[-] Vespair@lemm.ee 79 points 2 weeks ago* (last edited 2 weeks ago)

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.

[-] acockworkorange@mander.xyz 6 points 2 weeks ago

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.

[-] med@sh.itjust.works 3 points 1 week ago

Imagine if in America, corporations were subject to the three strike rule

[-] simple@lemm.ee 122 points 2 weeks ago

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...

[-] Passerby6497@lemmy.world 40 points 2 weeks ago

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.

[-] phx@lemmy.ca 1 points 1 week ago

Fixed fine on a sliding scale for repeat offenders

[-] Dasnap@lemmy.world 22 points 2 weeks ago

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

[-] morrowind@lemmy.ml 16 points 2 weeks ago

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

[-] misk@sopuli.xyz 18 points 2 weeks ago

I believe all of this is legal thanks to DMCA.

[-] Voroxpete@sh.itjust.works 50 points 2 weeks ago

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.

[-] piccolo@sh.itjust.works 7 points 2 weeks ago

Domain names arent copyrightable. This falls into trademark laws.

[-] Passerby6497@lemmy.world 6 points 2 weeks ago

Maybe if they followed the dmca process

[-] FangedWyvern42@lemmy.world 2 points 1 week ago

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

[-] Oaksey@lemmy.world 14 points 2 weeks ago

Fixed minimum penalty

[-] TheBat@lemmy.world 11 points 2 weeks ago

Hopefully this ruins Funko Fucks

[-] morrowind@lemmy.ml 9 points 2 weeks ago

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

[-] Voroxpete@sh.itjust.works 22 points 2 weeks ago

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.

this post was submitted on 09 Dec 2024
1772 points (99.3% liked)

Technology

60070 readers
3359 users here now

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


founded 2 years ago
MODERATORS