itch.io (@itch.io)
lemmy.dbzer0.com
I kid you not, @itch.io has been taken down by Funko of "Funko Pop" because they use some trash "AI Powered" Brand Protection Software called Brand Shield that created some bogus Phishing report to our registrar, iwantmyname, who ignored our response and just disabled the domain

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.

  • @paddirn@lemmy.worldEnglish
    -11•13 days ago

    On one level, I sympathize with companies like Nintendo, I don’t want to, BUT companies are supposed to make efforts to protect their IP or they run the risk of losing those exclusive protections when it matters later on (abandonment). So if they want to continue their IP rights, they’re supposed to defend it against anything that comes along. I still don’t like it, but I kind of understand why they have to do it.

    Granted, I think they could come up with some sort of licensing terms that would made it easy for solo developers to still develop small-time projects to encourage people to create these one-off labors of love, similar to what alot of TTRPG developers do, but for whatever reason, they go the hardball approach, which just creates bad feelings in the community.

    https://www.themyerslg.com/blog/what-happens-if-you-dont-defend-your-ip/

    • @lambalicious@lemmy.sdf.orgEnglish
      26•13 days ago

      I don’t want to, BUT companies are supposed to make efforts to protect their IP or they run the risk of losing those exclusive protections when it matters later on (abandonment).

      My understanding is that 1.- they are not forced to defend against every possible case of trademark usage 2.- they are not obligated by law to be jerks about it and 3.- this applies to trademark only, not copyright or patents.

    • AnyOldName3English
      26•13 days ago

      They have to defend their trademark. They don’t have to defend copyright, and most of Nintendo’s reputation comes from copyright claims. Someone streaming a let’s play isn’t selling a counterfeit Mario game, they’re just showing you things in a real Mario game, so there’s no trademark claim.

      They’re also big abusers of the fact that most of the people they make copyright claims against can’t afford to defend themselves against such a behemoth. Even if you’re sure you’ve not violated their copyright and your lawyer’s sure, too, it’ll be much cheaper to roll over than get the legal system to agree with you.