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Itch.io Down Thanks to Funko Pop's "AI"

The indie gaming storefront was offline, blaiming Funko's "Brand Protection Software"

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Digital gaming storefront Itch.io announced on Bluesky that the cause of an outage early Monday morning was the pop culture collectable company Funko filing a complaint with their domain registrar. The filing came from an "AI Powered" Brand Protection Softare by Funko.. From the spost:

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

The site appears to be back online at this time. after several hours of downtime. Itch.io is one of the largest online storefronts for independent games including thousands of tabletop roleplaying games.
 

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Darryl Mott

Darryl Mott

This is a specious argument. Great art is not coming out of socialist hellholes and never has.
This isn't about that. This is about the consumer. The consumer is more important than either side of that equation. In an perfect world workers and businessmen alike would both be relegated to the history books; everything would come out of fully automated home appliances and there would bo no economy at all; neither capitalist nor socialist nor communist.

EDIT:
And all the famous art pieces that everybody in the world has heard of came out of feudalism. Your Shakespeares, and your Cervantes, and your painters and sculptors with ninja turtles named after them So, yeah, i guess not socialist, but not capitalist either
 

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Dannyalcatraz

Schmoderator
Staff member
Supporter
And all the famous art pieces that everybody in the world has heard of came out of feudalism. Your Shakespeares, and your Cervantes, and your painters and sculptors with ninja turtles named after them So, yeah, i guess not socialist, but not capitalist either
That’s at least as inaccurate as the prior post about “socialist hellholes.”

It ignores how likely it is that “everybody” has heard of the works of people like Warhol, O’Keefe, Pollock, Rothko, Dali, Picasso, Erte, Mucha, Parrish, Banksy, Twain, Dostoyevsky, Hemingway, Faulkner, King, Kafka, and so forth.

Great art is produced in every age.
 

Insulting other members
This isn't about that. This is about the consumer. The consumer is more important than either side of that equation. In an perfect world workers and businessmen alike would both be relegated to the history books; everything would come out of fully automated home appliances and there would bo no economy at all; neither capitalist nor socialist nor communist.

EDIT:
And all the famous art pieces that everybody in the world has heard of came out of feudalism. Your Shakespeares, and your Cervantes, and your painters and sculptors with ninja turtles named after them So, yeah, i guess not socialist, but not capitalist either
Your ignorance is matched only by your idiocy.
 

I'm not sure where he got "socialist" from anyway. Abolishing IP would be 100% in line with lassiez faire capitalism. If you can make better character figurines than Funko or a better Star Wars movie than Disney it isn't anybody's place to tell you not to. Only the market should be allowed to decide that.

If the market were really free none of these senescent content behemoths like the big film studios and record labels would have survived the rise of the internet and cheap recording tech; they would have all been undercut by cheaper faster competitors
 
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If Campbell's Soup had had brand protection in the 60's we wouldn't have the work of Andy Warhol. I'm 90% sure he used their logo without permission in his most famous piece
 

aramis erak

Legend
IP law needs to be reformed, not abolished. Unless you want the end of all art since, without protections like copyright, no artist would be able to make money from their work. No more art, writing, books, music, TV, film, stage plays, nothing.

But that's also getting a bit off topic from the subject.
It's actually right at the heart of it.
The fundamental issue is that of limited space for trademarks/service marks. They last as long as defended in the US. And there's provision for overlap in the law, but once a big corporation gets involved, sane enforcement goes right out the window. And so the indies get smashed in the zealotry of corporate lawyers doing the minimum due dilligence.

Whether or not AI was used to detect the infraction, it's clear automation was involved and it;'s clear that there was a lack of due dilligence, an overreaction, and the indies suffer for it.

Also, as yet, the .io ccTLD is not yet scheduled for retirement; Mauritius hasn't said what it's going to do - it could consider the Indian Ocean Territory to be a client state, held in trust (unlikely, but possible), kept as a regional identity (and thus not technically a ccTLD, but since that's the status it held under the UK, it's also plausible, it could be that they ask the ISO to leave it in place and mine it for cash, it could be that they expire it, but until they make that decision, the 3 year timer doesn't hit.

This kind of zap first, think later response is deeply tied to the US and the various IP laws within. And no clear guidance over how far in terms of field one has to go to before overlap is allowed...

... so the corps proverbially go fishing with dynamite, instead of a fishing spear.
 


Umbran

Mod Squad
Staff member
Supporter
If the market were really free none of these senescent content behemoths like the big film studios and record labels would have survived the rise of the internet and cheap recording tech; they would have all been undercut by cheaper faster competitors

On the other hand, if the market were really free in the manner you suggest, nobody would make larger works, because everyone else could immediately copy them and redistribute them at reduced cost and not carry the cost or risk of actually making the things.

No more movies or novels, for example. No art that can be redistributed in electronic form would be economically viable for the makers.

Thus, truly free IP markets only fit into post-scarcity worlds, which we do not yet have.

(Edit, and by the way - Shakespeare wrote in Elizabethan times. While there was a strong monarch, it longer fit the "feudal" model very well any more, what with having a Parliament and elected House of Commons, and all that. The term for it would be "constitutional monarchy".)
 
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No more movies or novels, for example. No art that can be redistributed in electronic form would be economically viable for the makers.
Novels would 100% exist, I find it very odd that you suggest otherwise. People have been writing novels and making little to no money off them for absolutely centuries. In fact I would suggest the vast majority of novels - particularly good ones! - are written with surprisingly little expectation of actual monetary recompense. Again, this has been true for centuries.

Giant budget movie blockbusters wouldn't exist, sure, but smaller films absolutely would, and I'm not sure giant blockbusters dying would be in any way, shape, or form a bad thing for art or humanity.

Also the whole "everyone would pirate it" thing has long been proven not to be true. Games release without DRM and make plenty of money, even though people could go pirate them. People are willing to pay for art they like.

What we'd actually see, I'd suggest, is something more like Patreon/patron systems, where art is created by people supported by patrons large and small.
 

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