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

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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

The IP protections for gizmos only last 21 years IIRC. The IP protections for film, music, and written works last functionally forever
No they don’t. Longer than any human is known to have ever lived =/= “functionally forever”. Otherwise, we wouldn’t have Winnie the Pooh horror movies.

Realize also that there’s all kinds of ways to get as arbitrarily close to copying copyrighted material without running afoul of the copyright laws if you’re smart about it. There’s literally over 100 comic book characters that are identifiable as being based on Superman. DC comics owns about half; the rest show up in the lineups of Marvel, Dark Horse, Image and other companies’ publications.

And there’s been at least one horror movie obviously based on Scooby Doo, Saturday Morning Massacre:

 

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Longer than any human is known to have ever lived =/= “functionally forever”. Otherwise, we wouldn’t have Winnie the Pooh horror movies.
This is only because the Winnie the Pooh copyright existed before the passage of the 1976 Copyright Act. That law makes all copyright items created after Jan 1 1978 be covered under the life of author plus 70 years. Copyrighted items prior to the 1976 act were covered under the terms of the previous copyright acts (and the 1998 Copyright Extension Act, the Mickey Mouse Protection Act) which set up fixed expiration times.

Things like Steamboat Willie and Winnie the Pooh have fallen outside the copyright extensions from the 1998 Act. But anything created after 1978 is effectively copyrighted forever. In your lifetime you're unlike to see anything published since 1978 fall into the public domain. As far as you're concerned that's functionally forever. Many works will be functionally copyrighted forever even for your kids.

Copyright durations are a bad joke.
 


Why shouldn’t a writer’s heirs/successors in interest be able to enjoy the economic benefits of IP creators for a length of time like those of Henry Ford, or Carnagie Deli?
They shouldn't. No other profession works that way. They should be paid once for each job like a mechanic or an electrician. And certainly not for 70 years after they're dead unless their ghost is haunting the Earth still doing the job for those 70 years.

Why should I care about Henry Ford's children? What the hell have they done? They can [censored]

EDIT:
And anyone who tries to evergreen a medical patent should be subjected to something out of Dante or de Sade
 
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I’m quite aware of the lengths the various IP types are protected for. (Because IP lawyer.)

But note that the post I quoted mentioned a creator only “16 years” dead- shorter than utility patents.

The same quote also discusses corporate created IP. The fact that something was created by an incorporated group doesn’t diminish (or increase) its value as IP. A lot of artists use incorporating documents for the legal protections they offer. This is especially true when artists collaborate on a project.
I'm pretty sure most creators live more than 5 years after publishing a work on average
 

have exclusivE
Why shouldn’t a writer’s heirs/successors in interest be able to enjoy the economic benefits of IP creators for a length of time like those of Henry Ford, or Carnagie Deli?
If the IP generated serious money that’s inheritable (to say nothing of the privilege of being raised with such wealth), they will benefit whether they have exclusive control over the IP or not. I think there’s a reasonable argument that might say a copyright might reasonably extended past a creator’s life to support their kids through to their majority. But I think it’s kind of ridiculous to go longer.
 

I was a copyright lawyer. I also create a variety of IP.

I always find it interesting that people are less willing to protect the creators of music or written works than someone who created a new gizmo, founded a restaurant, etc.

Why shouldn’t a writer’s heirs/successors in interest be able to enjoy the economic benefits of IP creators for a length of time like those of Henry Ford, or Carnagie Deli?

It also protects IP creators from other IP creators.
This comment makes no sense to me. I don't see what a restaurant has to do with this. I mean I have seen a lawsuit here that two competing restaurants stole the menu and design but they also were previous owners of the first restaurant so I kinda see that. Seems more like a non compete thing that Copyright/Trademark or patent law.

Patents only have something like 17 years of protection. I think if copyright has a similar term you wouldn't be hearing any substantial numbers of complaints. One of the large complaints is the extremely long times of protection for copyright.
 


Why shouldn’t a writer’s heirs/successors in interest be able to enjoy the economic benefits of IP creators for a length of time like those of Henry Ford, or Carnagie Deli?
And didn't Fords primary success come from cost focus and production efficiency vs patents?

I mean I will certainly say Walt Disney deserved his success because of his continuous innovation and expansion. He did and would probably continue to have done well in the lower IP protection environment of the 30's as Disney Corp does now.
 

And didn't Fords primary success come from cost focus and production efficiency vs patents?
Ford had a lot of interesting insights that helped him succeed, like paying good wages during the depression, thus both reducing his employee turnover costs AND reaping the benefits of circulating money in the markets his facilities were in.

But my point was less about copyright vs trademarks or patents in particular, and more about businesses in general, which is why I also mentioned Carnagie Deli. Originally founded in 1937, it’s passed through several owners’ hands. While the original location is gone, there’s still one located at Madison Square Garden. While it does have rights to certain IP, its longevity has as much to do with the food & atmosphere.

Still, without the ability to transfer that IP, the literal generations of successors in interest to the founders- both living and legal fictions- would definitely have had a tougher time keeping it going.

Now, imagine creating something commercially viable that depends entirely on your own personal skills & talents. Much harder to pass on a lasting financial legacy consisting of a great novel, song or film with short copyright. It’s not like you can keep the keys to the success of LotR secret like you can a crucial recipe. Its crucial factors are revealed for all to experience.
 

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