Comment on Funko, BrandShield speak out about itch.io takedown

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RunawayFixer@lemmy.world ⁨1⁩ ⁨week⁩ ago

If it had been phishing, then going to the registrar would have been the right call, because you want to take that down asap. But according to itch.io it wasn’t, instead it was a a real fansite that was linking to the real website of funko’s game (according to itch.io). Something which most media companies allow since it’s basically free publicity and goodwill, but if they did want it taken down for copyright reasons, then a DMCA takedown request send to itch.io would have been the correct first action.

In the response statement by Brandshield, Brandshield does not deny having send a takedown request for phishing to the registrar (confirming that they did), nor do they dispute itch.io’s statement that it wasn’t a phishing site (confirming that they know that it wasn’t), instead they only speak about “infringement”.

So now we know that Brandshield is knowingly making false accusations that have potentially serious consequences for their victims. And it’s not going to be the first time that they’ve done this, but even this high publicity case will probably not have any legal consequences for brandshield, so it looks like they will continue getting away with it. Unfortunately they’re not alone, it often seems like the entire DMCA industry is rotten.

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