https://bsky.app/profile/itch.io/post/3lcu6h465bs2n
(From the official itch account on Bluesky) 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
(Continuation via Twitter) Also, for transparency, we did take the disputed page down as soon as we got the notice because it’s not worth fighting stuff like that. Regardless, our registrar’s automated system likely kicked to disable the domain since no one read our confirmation of removal
you can’t make this up
Never send an AI to do a lawyer’s job. Did that registrar have anything to fear, legally?
The registrar appears to have ignored the response from itch.io (source with additional details). I’m not sure what that means for them legally speaking – but not following the DMCA process correctly probably opens them up to being sued for damages.
The problem is they didn’t initiate the DMCA process at all, nor did the report submitted have anything to do with Copyright Infringement. They submitted a fraud/phishing report, as if the domain itself was serving or facilitating malicious content harmful to someone who visits it… So forget the DMCA process, this was straight up just corner cutting on the part of the firm representing Funko that misrepresented the nature of the situation as a whole.
Legally, going to the registrar so fast isn’t even the right course of action. You first have to contact the poster, then the platform, then the hosting provider, then the registrar. Of course in normal DMCA cases the first 2 are the same person so you don’t really have to do that (and also who will care if it goes to court)