• Endymion_Mallorn@kbin.melroy.org
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    3 days ago

    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?

    • Sixty@sh.itjust.works
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      3 days ago

      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.

    • catloaf@lemm.ee
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      3 days ago

      I don’t know itch’s daily profit, but I doubt a half day’s will be enough to warrant a suit.

      • Endymion_Mallorn@kbin.melroy.org
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        3 days ago

        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.

              • Zagorath
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                8 hours ago

                The expression is actually “hear, hear!” A shortening of “hear him, hear him”, an instruction saying “listen to what this guy’s saying. It’s good shit.”

      • Adalast@lemmy.world
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        3 days ago

        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.

        • Brokkr@lemmy.world
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          3 days ago

          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.

          • Adalast@lemmy.world
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            3 days ago

            Except that most firms that charge $2000/hour take the fee from the settlement, not up front, when doing civil litigation. Really only criminal law is paid directly by the client, at least in the US.

          • uis@lemm.ee
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            3 days ago

            Which loosing party will have to pay. Unless you want them to sue in baboon’s jungle court of America.

  • hperrin@lemmy.world
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    3 days ago

    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.

    • Wogi@lemmy.world
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      3 days ago

      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.

    • kautau@lemmy.world
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      3 days ago

      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”

      • Ziglin@lemmy.world
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        3 days ago

        Opening the first link on my phone redirected me to a mobile site in an rtl language (hebrew?) 🤣

        I think the best part about it is that it even has a /en in the original url.

      • uis@lemm.ee
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        3 days ago

        Imagine if enough people will write to ICANN and ICANN will ban them. That would certanly be something I did not expect in 2024.

  • The Snark Urge@lemmy.world
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    3 days ago

    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.

    • Capt. Wolf@lemmy.world
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      3 days ago

      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…

      • kitnaht@lemmy.world
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        3 days ago

        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.

        • catloaf@lemm.ee
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          3 days ago

          It’s good, but it’s too negative. The PR folks would never let it fly.

        • Deestan@lemmy.world
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          3 days ago

          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

          • uis@lemm.ee
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            3 days ago

            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.

            I feel drunk on polymers. Looks like what crossbreed of game industry and Apple would write.

            Sincerely,
            [Your Company]
            An Intern in HR Who Definitely Wrote This Alone

            Was last line really generated?

  • homesnatch@lemm.ee
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    3 days ago

    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.

    • conciselyverbose@sh.itjust.works
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      3 days ago

      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.

      • schizo@forum.uncomfortable.business
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        3 days ago

        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.

        • conciselyverbose@sh.itjust.works
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          3 days ago

          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”.

          • schizo@forum.uncomfortable.business
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            3 days ago

            100% agree: I’m just saying that the guy at Funko might not have been aware of what these farms do, at least the first time because the sales powerpoints and what they actually do aren’t even in the same universe.

            The next time though? Fuck 'em, they’re complicit.

            • conciselyverbose@sh.itjust.works
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              3 days ago

              You don’t get a pass on this time until you fix this time by publicly terminating your relationship and paying all the costs you created, including lost business.

              By authorizing them as a legal representative, their actions are your actions. Recovering from them is your issue, not the victim’s.

      • gsfraley@lemmy.world
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        3 days ago

        This, and further exacerbated by this post where they take no accountability.

    • ayyy@sh.itjust.works
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      3 days ago

      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.

      • homesnatch@lemm.ee
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        3 days ago

        They blamed the service provider… BrandShield called for removal of the page, not the whole site.

        • madasi@lemmy.dbzer0.com
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          2 days ago

          Brandshield sent a fraud report to the domain registrar. Unless they are also your hosting provider, a domain registrar has no control over individual pages, only over the domain as a whole. So this was the only action you could expect to be taken, if you expected the domain registrar to act, and you sent them a fraud report hoping they’d act. So claiming they only tried to take an individual page down is disingenuous at best, and more likely just an out and out lie.

    • uis@lemm.ee
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      3 days ago

      They were hired specifically to go overboard and risk reputation. To shield brand from reputational damage of scorching internet. It’s even in their name.

      Tsar is good, blame the boyars.

    • Deceptichum@quokk.au
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      3 days ago

      The factory didn’t beat up the strikers. The Pinkertons did it. Don’t hate the factory owner who hired them to beat up the striking workers.

  • JackbyDev@programming.dev
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    3 days ago

    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.