You probably want to read this: https://news.ycombinator.com/item?id=42364033

I've never heard of itch.io before but from what I can tell:

- Itch.io is a platform where people unaffiliated with itch.io can create pages and sell video games

- An itch.io user created a game that used Funko's brand without authorization

- Itch.io (correctly) removed that page when they were made aware of that by their registrar and server host, then responded to both letting them know they'd taken care of it

- The server host (Linode) said that was great and closed the issue. The registrar (iwantmyname) did not respond, then a few days later yanked the domain.

This is exactly the sort of thing the DMCA exists for (assuming itch.io is located in the United States) and it's exactly why the safe harbor provisions exist.

It's like if someone posted a copyright-infringing picture to Facebook and Facebook's registrar responded by taking down the entirety of facebook.com.

So no, this is not on itch.io's shoulders, this is on iwantmyname's (for disabling itch.io's domain even after being made aware of the circumstances) and Brand Shield (for not submitting a complaint to itch.io first and waiting to see if they'd take down the infringing user's content before escalating to itch.io's ISP and server host).

It seems like the owner of the domain received notice from the registrar 6 days ago and immediately took action by removing the content referenced in the trademark claim and notifying the registrar.

But they got no response and instead the domain went down today.

Going directly to the registrar in response to an issue on a handful of pages is akin to getting the wrong change, saying nothing to the person on the checkout, then seeking out the store manager to get them fired.

> I'm not trying to be a corporate bootlicker

Perhaps it comes naturally ;)

No, but seriously, you may be giving them a bit too much benefit of the doubt.

There's a little more context here: https://news.ycombinator.com/item?id=42364033

Note the "fraud and phishing" complaint. Like, I don't see _any_ way to get to that from what's going on, and of course registrars (correctly) take such complaints far more seriously than DMCA complaints (which shouldn't really be going to the registrar in the first instance, of course).

I wouldn't particularly blame the registrar here, though now that 'AI' spamware is doing this, registrars will presumably have to take fraud complaints a lot less seriously, and the internet will get a little bit worse. But certainly this isn't itch.io's fault; the blame lies squarely with the spamware, and with Funko for using such spamware in the first place.

I appreciate you trying to be an unbiased voice of reason in this time.

Corporate bootlicker alert!