- cross-posted to:
- [email protected]
- cross-posted to:
- [email protected]
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 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…
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
Fixed minimum penalty
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
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…
I believe all of this is legal thanks to DMCA.
Domain names arent copyrightable. This falls into trademark laws.
Maybe if they followed the dmca process
They made a false fraud report, not a DMCA takedown (which shouldn’t have taken down the entire site anyway).
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.
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.
Hopefully this ruins Funko Fucks
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.
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Welcome to Web 3 I guess. Automated systems ignoring real actors
Web 3 was crypto scams, we’re up to web 6 or 7 by now
Web 3.0 was actually the Semantic Web originally, the cryptobros are bad at counting.
AI scams
Back up at least
more details by itch.io dev
That’s pretty crazy.
This is crazy. How can they just take down your domain without at least discussing the issue.
What the absolute fuck? itch.io is fucking massive, how did the registar just treat them like this? goddamn!
They’re not really all that massive, just a medium-large fish in a small pond. If this had been about Microsoft or Sony or some other brand that any random non-gamer you stop in the street will have heard of, they might have gotten special treatment from the registrar, but itch.io? Not even nearly big enough. gog wouldn’t be either. Steam might just pass the minimum threshold.
There is no way in hell that steam would have this happen, the amount of money they have behind them combined with the name alone, no registrar would dare disable their domain without being damn sure what was happening was actually happening.
Stream would seek the registar for restitution/compensation, and if you take the yearly Revenue and divide that by the hours in a year they are approaching the $1,000 an hour mark. Of course this number would be different if they actually took it to court. But due to this alone I highly doubt their domain Handler(Mark Monitor) would touch that claim with a 10-ft pole without doing some pretty intensive research
So if you’re a small pond how do you treat your medium-large fish this way of not even listening to their response?
The registrar probably treats all their customers shoddily when problems arise, and itch may not be that large a customer—do we know how many domains itch actually had with them? Probably not enough to form a significant percentage of the registrar’s income, and either that or the possibility of Rabid Attack Lawyers (which the big companies like Microsoft have on retainer) would be required to get special treatment from many companies.
I’m not saying that the registrar is in the right. They messed up, and it would serve them right to go under for this (although they probably won’t). I’m just saying that it’s unsurprising that itch was mistreated by a corporate bureaucracy.
There’s been an aggressive push against gaming recently. Check all the recent Steam news.
I haven’t seen anything like that. What steam news specifically are you referring to?
They are probably referring to this: https://www.adl.org/resources/press-release/millions-examples-extremist-and-antisemitic-content-found-steam-new and this: https://www.pcgamer.com/software/platforms/steam-is-an-unsafe-place-for-teens-and-young-adults-us-senator-warns-gabe-newell-of-more-intense-scrutiny-from-the-government-if-valve-doesnt-take-action-against-extremist-content/
Oh yeah those reports where they count pepe the frog as extremists content.
It’s it anti video games to point out something that is actually happening? Just because you love the company doesn’t mean that any bad news is an attack against the industry. Valve doesn’t want to moderate their forums, it was bound to happen.
This is what manufacturing consent looks like. This increasing barrage of news about a topic, most of which is based on nuggets of truth but stretched so thin you can see your hand on the other side. The idea is to make you believe something needs to be done just with the sheer volume of time spent talking about something.
The reality is that the ADL is a Zionist front that is full of shit even on their best day, and they want control over Valve the same way they have the CEOs or owners of Reddit, Meta, and even smaller players like Bumble under their thumb. You watch, they will pressure the government to act and then when the squeeze is coming, offer Valve an easy out by joining their special advisory board on tech.
So instead we should let racists, misogynists and lgbtphobes make people believe that something needs to be done to protect white men from oppression?
What are you even talking about?
Valve doesn’t want to moderate their forums
Devs and publishers are mods of their forums, if it’s too much for them they can add community mods or lock their forums (like some do).
And ultimately they’re still Valve’s responsibility. If you provide a platform, you’re responsible for what people do on it.
Actually this is the purpose of section 230, to remove the responsibility of the provider in terms of content. The steam discussion forums would be a form of social media and therefore steam as a whole under at least US law would not be responsible for the content that’s posted on it.
Please note that this doesn’t mean that they can’t moderate their forums, section 230 does allow the owner of the platform to dictate what they want on the forums as long as they’re acting in good faith.
In my opinion section 230 is healthy for an environment, because it’s primary purpose was to prevent an individual from being able to sue the company as a whole for Content that someone else posted, which in my opinion is fair. If someone produced libel against someone, that’s something they need to handle with the person who posted it. It doesn’t make logical sense for the person to go after the platform that held the content as they wern’t involved in that process.
I am a big GOG enjoyer myself, but when I need to use steam for anything, I have never encountered such content. Perhaps there is such content in private or otherwise not very visible spaces (such as user profiles), where they will not get reported, but that is true for any site with user content. I call BS on this being an issue.
If you only check the forums for technical questions then you’ll dodge it, if you look at the non tech sections for certain games (with diversity or ambiguous message like Hell Divers) then it’s something else.
Care to provide a link? I just skimmed Helldivers 2 discussions a bit and found nothing extremist.
Edit: The worst I found so far is this, which is pretty dumb but not really at the level of “dangerous”, or where it obviously needed to be removed.
I am a big GOG enjoyer myself, but when I need to use steam for anything, I have never encountered such content.
You’ve never seen a Pepe meme on Steam? I’m not kidding there either - if you dig into that ADL link and follow it to the research, they have a list of top extremist and hateful symbols on Steam and the swastika is number 2 at 9 percent of detected symbols. #1, representing something like 55% of extremist and hateful symbols their automated detector found on Steam was Pepe.
Perhaps there is such content in private or otherwise not very visible spaces (such as user profiles), where they will not get reported, but that is true for any site with user content. I call BS on this being an issue.
If you dig into their research, it’s mostly private user groups and profiles. Game discussion pages are moderated by their respective devs or whoever the devs appoint but user groups are moderated by their owner/appointees and user profile pages aren’t really moderated at all unless you’re doing something actually illegal in the US.
So unless you go looking at the user profile pages of white supremacists, or go searching for white supremacist user groups you won’t run into much of it.
Pepe isn’t hate speech. It was re-co opted by the creator and I often see it in queer friendly gamer spaces. If your threshold for hate speech is a cartoon frog, you may need to recalibrate. Most people do not see it as such and do not use it as such.
So unless you go looking at the user profile pages of white supremacists, or go searching for white supremacist user groups you won’t run into much of it.
Yeah, that is my point. How can people be radicalized by something they don’t see?
Also, as non American, I find it mental that pepe memes are considered hate symbols now.
All you need to do is join a Rust server and then look at some profiles.
Really? Because in my experience you have to wade through racist, homo- and transphobic, and misogynistic shit the second you foolishly open the discussions page on any game that features black or brown, LGBTQIA, and/or female characters.
As I said, I have never seen anything I would consider extremist myself. Though from your reply, I get the feeling the issue could be an unreasonably broad definition of extremist content on your side. That or I just happen to not visit the games with such discussions.
Much of that is just bots and if you spend any measurable time on the internet you start to ignore stuff with variable capital letter words and emoji spam so it’s not outside of the realm of possibility that the person you’re responding to, doesn’t see that stuff. I don’t reall
