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.

  • HexesofVexes@lemmy.worldEnglish
    2·
    4 months ago

    I mean, it sounds like a lawsuit to me.

    1. A takedown request was issued on false grounds.

    2. This takedown was then actioned without any due process.

    3. The issue has caused tangible, and measurable, loss (calculable from prior sales records).

    Honestly, there needs to be a fixed penalty fine for bad takedowns…

    • Passerby6497@lemmy.worldEnglish
      0·
      4 months ago

      Honestly, there needs to be a fixed penalty fine for bad takedowns…

      Absolutely not, fixed fines become expected costs, and immensely favor monied actors. Make it percentage based so it hurts equally, and rich people actually have to pay a measurable amount.

    • Dasnap@lemmy.worldEnglish
      0·
      4 months ago

      Funko would drag a lawsuit out for years, but Itch might have the spite to push through it.

  • GasMaskedLunatic@lemmy.dbzer0.comEnglish
    2·
    4 months ago

    Every single DMCA request should have to be filled out by hand and signed by the infringed party, not on their behalf by a third parry, under penalty of perjury. This is absolute bullshit.

  • Furbag@lemmy.worldEnglish
    1·
    4 months ago

    If lawmakers would simply make the entity responsible for the operation of these AI powered tools be fully liable for every decision that it makes, right or wrong, this kind of nonsense would vanish overnight.

    I hope the people running itch.io have great lawyers, because I would be trying to take Funko to court for punitive damages over something like this.

    Also, while we’re at it, reform the DMCA to disallow automated copyright related takedown requests without some sort of human reviewing it at the other end. It’s been abused to hell and back by big business.