meanwhile...
That is actually just disgusting.
Straight outta the scummy debt collector playbook
What in the actual removed?
Brother, you're gonna need to find a new instance if you wanna use bad words. Your comments get censored on .ml
Wait is that real? The word got automatically censored by something? wtf XD
I hope and am pretty sure it's a joke
Its not, Lemmy.ml has a huge banlist of words
Fascists don't like free speech 🤷
So, how much is Funko or their "partner" going to willingly pay Itch for their lost income? Or is there going to have to be a lawsuit?
Itch doesn't appear interested in suing unfortunately. I want them to, not because I'm bloodthirsty, but to set precedent that this wreckless use of AI content moderation isn't OK. I can imagine Disney and Nintendo following this.
I mean... a little bloodthirst is okay.
I don't know itch's daily profit, but I doubt a half day's will be enough to warrant a suit.
My worry is that without a lawsuit or other action, we'll keep seeing LLM slop companies taking down smaller websites for bogus reasons. This needs to be codified somehow that there were damages done to Itch's earnings (and more importantly the earnings of the independent creators on the platform who should start a class-action suit), and that what Funko's contracted LLM company did was wrong.
There's financial damages, loss of profit, emotional distress, reputation loss, and more. We need to take action against these companies for their wrongdoing. So either they need to willingly pay up and have that payment be known and public, or they need to be made to pay by the courts.
Don’t worry false positives and AI go together like oil and fire.
Yes, which is why we should make every one of those false positives cost an arm and a leg to the perpetrators.
Itch is by no means a small time player. Doing some very fast statistics off of the game price breakdowns available and the counts of games available vs. the number they rate as best sellers, if 20% of their best sellers make a sale each day and 7.5% of their non-best sellers make a sale each day, assuming an average price for the three pricing filters of (under $5, $2.5), ($5 to $15, $10), (over $15, $20), then Itch sells approximately $20k/day. Half a day is $10k. If those averages are actually much higher in their respective areas, as in just below the maximum then the daily total jumps to over $35k/day. There is wiggle room in my assumptions, but it is safe to say that Itch sees about $25k±7k/day.
As mentioned in other suits, there are nonmonetary damages as well which are harder to quantify without access to their analytics such as reputation damage, lost traffic, maintenance and repair from the forced outage at the domain level, etc. I could see a suit for $50k in actual damages and another $500k-$1M in punitive damages to send the message that this behavior is intolerable in general.
A law firm capable of handling such a suit would probably bill at a rate of $2000/hr, or more.
If your numbers are right, then they could afford to pay for 20 hours of work. That's probably not enough to even file the suit. Again, this assumes your numbers are right but even if they were 10x this it may still not make sense to file a suit.
Unfortunately, I don't think the math works out in their favor.
Either Funko is lying or their "brand protection partner" is lying. Also, what the fuck does Funko have to protect? The only thing they actually created was those beady little eyes they put on everyone else's IP.
Funko and their "partner" should be fined for fraud.
Funko should shut down out of embarrassment. Not about this specifically, just because of their entire product line
“We reached out to itch.io” aka we called his mom.
If my kid is running a website and some fucking lawyer calls me about copyright bullshit, that fucker is getting 100% of my pent up salty rage.
I have a very particular set of skills, and they only make me a nightmare for a very specific type of situation.
Momleash the beast
It would be a real shame if abuse@dtnt.com (the domain registrar of brandshield.com) were to get a bunch of reports about scams and illegal activity found on the website. Bonus points for copying legal@dtnt.com.
Make sure to link their actual site to since those all exist as redirect pages:
https://www.domainthenet.com/en/
This registrar is such hot garbage that it stinks of just one individual or group controlling the whole thing from the registrar level to the few domains they provide. Their contact form page won't even load for me.
continues to poke around
Oh what do you know, the registrar and "BrandShield" are run by the same guy
https://www.crunchbase.com/person/david-fridman
Sounds like the reports should go directly to ICANN for ignoring reports about domains on their registration list
Edit:
I would be remiss if I didn't include the other founders
https://www.crunchbase.com/person/yoav-keren
https://www.crunchbase.com/person/yuval-zantkeren
Who, again, all founded "Brandshield" at the same time they bought the rights from ICANN to make their own registrar, which appears to purely operate as a byproduct of "Brandshield"
Apparently I've just shared in Funko Pop's passion for creativity.
Is this a different language that sounds deceptively like English? I feel like someone wrote this by running whale song through an LLM.
Funko: Hey, chatgpt... Write an apology letter to the gaming community about getting itch.io shut down. Something like "Sorry, we fucked up. Please don't hate us and continue to buy our stuff!" but make it sound like it came from an intern in HR.
Chatgpt: I got you fam...
Bro, GhatGPT wrote a better apology:
Dear Community,
Look, we know we sell little plastic figures—not games, not platforms, not anything remotely digital—but somehow, we’ve managed to trip over our own shoelaces and knock something precious to all of you right off the shelf. Yes, we’re talking about itch.io, and yes, we understand the gravity of what happened.
We’re not going to sugarcoat it: we messed up. We’re not entirely sure how the dominoes fell this way, but somehow, through a series of unfortunate events (and probably some poorly-thought-out legal maneuvers), our actions have impacted an entire community that thrives on creativity and passion. That was never our intention, and it’s not who we want to be.
The truth is, we’re sitting here staring at our little figures, wondering how something so small can lead to such a big screw-up. We know this affects you, and we’re genuinely sorry for the frustration, confusion, and anger we’ve caused.
We don’t expect forgiveness overnight, but please know we’re working hard to make this right. We’re talking to the people who actually know what they’re doing (because, let’s face it, we clearly don’t), and we’re committed to doing better moving forward.
We value this community more than you realize, even if we’ve done a poor job of showing it. Thank you for your patience, and we hope you’ll give us the chance to earn back your trust—not just with our figures, but with our actions.
It's good, but it's too negative. The PR folks would never let it fly.
Exactly, they're apologizing, not committing seppuku.
Your assumptions are too honest. Try "non-apology" and see if it is closer.
edit: I took the above prompt but added "do not admit to any wrongdoing", and got a more believable letter
Subject: A Message to Our Gaming Community
Dear Gamers,
We wanted to take a moment to address recent events and share our heartfelt thoughts with you. We understand that some of our actions may have had an impact on platforms you value deeply, and we recognize the passion and creativity that make this community so extraordinary.
While it’s not our place to dive into specifics, we want to assure you that your voices matter to us. As a company, we’re constantly learning and striving to support the vibrant ecosystems that make gaming so special.
To those who may feel disappointed or frustrated, we hear you. Your passion is why we do what we do, and we remain committed to delivering the experiences you love.
Thank you for sticking with us and for continuing to be part of this journey. We appreciate your feedback, your creativity, and your unwavering support as we work to do better.
Sincerely,
[Your Company]
An Intern in HR Who Definitely Wrote This Alone
Apologies use the word “sorry” and take responsibility. This isn’t an apology.
We reached out the admin of Itch.io's mother and made threats against her.
That's the real situation.
Funko is a corrupt, evil company.
The sad thing I cant do anything more to hurt funko as I've never bought their stupid little dolls
Makes me wonder if the report was for something like itch.io/blah but it took the whole site down. If they're not being dishonest, I could see going to registrar about a site imitating to be yours for phishing.
Funko still deserves some flak for, at least, using an automated tool (or a setting) that is so insanely aggressive. Maybe the registrar holds some blame too.
At united health care we really respect all the money we extract from all your dying folks and recently we noticed that one of you died one of us. So we started a manhunt for anyone of you and now we got a rando who sort of looks the part. Thank you for the inconvenience. We will be ghosts now since you won't find any of our names online starting now...wait not, starting now!
I am so confused by all this. It makes me feel old.
Funko is essentialy just plastic, shitty Beanie Babies, right? They do nothing original, from what I can tell.
Some people are looking past the partner or putting "partner" in quotes.
Funko doesn't handle these takedown requests, they hired BrandShield for this. BrandShield definitely went overboard and their reputation is at risk.
I've shopped around for brand protection in the past when scammers registered a domain name with my company's name in it, and used it to do fake job offers. We got the domain suspended by contacting the registrar, but we didn't know about it until it was reported to us.
They did it on Funko's behalf, at their direction.
It's perfectly fine to also blame the partner, but Funko ultimately bears 100% of the responsibility for the actions they instigated.
They did it at their general direction, but almost certainly not at their explicit instructions.
These takedown factories use 'how much shit we got taken down' as a metric, regardless of what it actually was, and LOVE spamming out thousands and thousands of reports at providers until providers do what they want and take shit down.
My personal favorite one was a bunch of morons who didn't understand how IPFS gateways worked, and would send literal, actual, we-counted thousands of reports over pirated ebooks that were "hosted" on the gateway.
Except, of course, this isn't how any of this works and while we did push back and argue over months and months about this, not every provider is willing to invest the time it takes to fight these shits.
Also, if you want super giggles, you should look up the standard text that Web Sheriff sends, which claims all sorts of human right volations and human slavery offenses when someone infringes a trademark for their customers. Absolutely unhinged, and there's dozens and dozens of these companies filling up your average provider's inbox every day knowing full well that just being annoying ENOUGH will get them a +1 in the takedown metrics.
It's really got nothing to do with what Funko might actually really be after, and everything about how they can bill Funko more while just using automated scrapers, automated webforms, and people in the Philipines or similar making pennies to just reply to providers with pretty much the same script until the hosting provider gives up fighting and does what they want just so they'll go away.
When you hire someone to act on your behalf, all of their actions are your fault. They are you.
I'm not saying this shouldn't be a huge warning sign not to hire this company to everyone else. I'm saying the only possible way to not be the bad guy would have been a statement "we terminated our arrangement immediately and will pay all of the costs of our mistake".
I could go with this if they actually apologized and fired BrandShield. They did neither of those things, so have demonstrated their full endorsement of BrandShield’s fraudulent behavior.
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