this post was submitted on 09 Dec 2024

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Funko Pop abuses domain name reporting system, takes down itch.io (lemmy.ml)

submitted 2 weeks ago by HiddenLayer555@lemmy.ml to c/gaming@lemmy.ml

34 comments fedilink hide all child comments

https://x.com/itchio/status/1866017758040993829

all 35 comments

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[–] domi@lemmy.secnd.me 91 points 2 weeks ago

I hope they will switch their registrar. That's just unprofessional.

[–] onlooker@lemmy.ml 84 points 2 weeks ago (1 children)

I used to not like Funko Pop, but that changes today. I now loathe them.

[–] propter_hog@hexbear.net 8 points 2 weeks ago

All my homies hate Funko Pop

[–] jordanlund@lemmy.world 51 points 2 weeks ago (3 children)

At first I was like "WTF does an indie games site have to do with Funko?" then I Googled it...

Looks like they hosted a BUNCH of infringing games, so Funko, instead of doing the righteous thing and sending them a takedown request, just nuked the whole domain...

[–] DmMacniel@feddit.org 62 points 2 weeks ago (1 children)

And this nuke should cost them dearly, as there are so many Devs and Artists affected by it.

[+] jordanlund@lemmy.world -41 points 2 weeks ago (3 children)

I mean, I don't blame them for protecting their IP, they just picked a super shitty way to do it.

I don't even think they would have needed an official cease and desist... just a friendly note of "Hey, none of this Funko material is licensed, please remove it."

[–] Dreyns@lemmy.ml 61 points 2 weeks ago (1 children)

I blame them. Fair use is a thing and even beside fair use fuck em. copyright are getting more and more stupid by the day.

[+] jordanlund@lemmy.world -37 points 2 weeks ago (5 children)

It's not fair use to use images and names you have not licensed.

See this asshat:

https://youtu.be/Nv8llGq9fkY

https://www.reddit.com/r/HobbyDrama/s/TCK6HUAFm7

[–] BRINGit34@lemmygrad.ml 15 points 2 weeks ago

Buddy I'm going to 3d print some funko pops just to fuck with em.

Stop being a bootlicker bootlicker.

I'm sure your multi-million dollar company really appreciates being defended by some rando on a super niche site

Bootlicker

[–] Petter1@lemm.ee 12 points 2 weeks ago

Fair use is country dependent. But here is the US definition:

https://www.copyright.gov/fair-use/index.html

And from switzerland:

https://theswissquality.ch/understanding-the-legal-doctrine-of-fair-use/

[–] SaltyIceteaMaker@lemmy.ml 10 points 2 weeks ago (1 children)

buddy as if anyone on here would care about copyright infringement. i guarantee you 90% of users on here pirate all their stuff

[–] umbrella@lemmy.ml 8 points 2 weeks ago (1 children)

yes it is.

[–] jordanlund@lemmy.world 1 points 2 weeks ago (1 children)

No, it isn't.

https://copyright.psu.edu/copyright-basics/fair-use/

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work."

So, me, making a fan page for FunkoPop versions of the Five Nights at Freddies characters and using their images? THAT'S fair use.

Me charging money for a fan game based on the same Funko versions of those characters is NOT fair use.

"Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.”"

[–] umbrella@lemmy.ml 2 points 2 weeks ago (1 children)

legal != moral

also it was done by their users, not them.

[–] jordanlund@lemmy.world -2 points 2 weeks ago (1 children)

Fortunately our laws aren't about what's moral or not. You need religious police for that.

The correct process would have been to issue a takedown request, then go after the domain if nothing was done, they just jumped the gun.

[–] umbrella@lemmy.ml 3 points 2 weeks ago* (last edited 2 weeks ago)

what i mean by moral, is about things being fair or not, and this is clearly not.

see, the fact that they can jump the gun, but the end users cant is the problem here. even the correct process is very biased towards big companies because they can afford a lawyer army to harass people with weaponized bureaucracy.

who cares besides them anyway? they cant sue everyone.

[–] theonlytruescotsman@sh.itjust.works 27 points 2 weeks ago

I blame them for protecting their IP like a old white person protects their property value by shooting at any black person that moves into the neighborhood.

[–] cryptiod137@lemmy.world 22 points 2 weeks ago (1 children)

But they didn't send a C&D, they sent an AI automated phishing report about a fan page for an actual licensed Funko game.

They weren't address copyright anything, even if it was there.

[–] curbstickle@lemmy.dbzer0.com 34 points 2 weeks ago

[–] Lauchs@lemmy.world 3 points 2 weeks ago

Thanks, I was super confused for a bit!

[–] thingsiplay@beehaw.org 17 points 2 weeks ago (1 children)

Who is the next clown in the circus?

[–] xthexder@l.sw0.com 2 points 2 weeks ago (2 children)

Somehow I feel like the cloudflare one is not in the same category. This is the first I heard about it, and end users don't care about logs at all. I doubt there's many businesses that even noticed or cared that they lost 4 hours of logs.

[–] thingsiplay@beehaw.org 1 points 2 weeks ago

Right, but we need clowns. I accept any dumpster fire. :D No seriously, I agree with you. I didn't pay any attention to how severe the issue was and just made a list from recent known issues I've heard.

[–] p03locke@lemmy.dbzer0.com 1 points 2 weeks ago

Especially when Cloudflare is super transparent about their incident reports.

[–] gurkenlabs@fosstodon.org 14 points 2 weeks ago (1 children)

@HiddenLayer555
Could Funko as a company be any shittier? 🤔

[–] Boomkop3@reddthat.com 1 points 2 weeks ago

Yes, let's hope they're not

[–] Tabitha@hexbear.net 5 points 2 weeks ago

any estimates on lost sales numbers?

[–] LANIK2000@lemmy.world 1 points 2 weeks ago

An all out attack on thousands of people's lively hoods without warning, how will they ever get out of thi...oh wait, it's America, right, they'll not only not face punishment, they might even get a pat on the back.

[–] Uraael@kitty.social 0 points 2 weeks ago (1 children)

@HiddenLayer555@lemmy.ml Is this "abuse", deliberate action instead of an AI-generated mistake?

[–] thejevans@lemmy.ml 13 points 2 weeks ago (1 children)

The choice to use "AI" was deliberate. That's malicious enough.

[–] Swedneck@discuss.tchncs.de 2 points 2 weeks ago

now now, it's not necessarily malicious, it can just be extreme incompetence.