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Slashdot: Protecting 'Funko' Brand, AI-Powered 'BrandShield' Knocks Itch.io Offline After Questionable Registrar Communications

Protecting 'Funko' Brand, AI-Powered 'BrandShield' Knocks Itch.io Offline After Questionable Registrar Communications
Published on December 16, 2024 at 01:04AM
Launched in 2013, itch.io lets users host and sell indie video games online — now offering more than 200,000 — as well as other digital content like music and comics. But then someone uploaded a page based on a major videogame title, according to Game Rant. And somehow this provoked a series of overreactions and missteps that eventually knocked all of itch.io offline for several hours... The page was about the first release from game developer 10:10 — their game Funko Fusion, which features characters in the style of Funko's long-running pop-culture bobbleheads. As a major brand, Funko monitors the web with a "brand protection" partner (named BrandShield). Interestingly, BrandShield's SaaS product "leverages AI-driven online brand protection," according to their site, to "detect and remove" things like brand impersonations "with over 98% success. Our advanced takedown capabilities save you time..." (Although BrandShield's CEO told the Verge that following AI reports "our team of Cybersecurity Threat hunters and IP lawyers decide on what actions should be taken.") This means that after automatically spotting the itch.io page with its web-crawling software, it was BrandShield's "team of Cybersecurity Threat hunters and IP lawyers" who decided to take action (for that specific page). But itch.io founder Leaf Corcoran commented on social media: From what I can tell, some person made a fan page for an existing Funko Pop video game (Funko Fusion), with links to the official site and screenshots of the game. The BrandShield software is probably instructed to eradicate all "unauthorized" use of their trademark, so they sent reports independently to our host and registrar claiming there was "fraud and phishing" going on, likely to cause escalation instead of doing the expected DMCA/cease-and-desist. Because of this, I honestly think they're the malicious actor in all of this. Corcoran says he replied to both his registrar (iwantmyname) and to his site's host, telling them he'd removed the offending page (and disabled its uploader's account). This satisfied his host, Corcoran writes — but the registrar's owner later told him they'd never received his reply. "And that's why they took the domain down." In an interview with Polygon, Corcoran points out that the web page in question had already been dealt with five days before his registrar offlined his entire site. "No communication after that.... No 'We haven't heard from you, we're about to shut your domain down' or anything like that." Defending themselves over the incident, BrandShield posted on X.com that they'd identified an "infringement" (also calling it an "abuse"), and that they'd requested "a takedown of the URL in question — not of the entire itch.io domain." But X.com readers added this context. "Entire domains do not go down on the basis of a copyright takedown request of an individual URL. This is the direct result of a fraudulent claim of malicious activity." And Corcoran also posted an angry summation on X.com: I kid you not, @itchio has been taken down by @OriginalFunko because they use some trash "AI Powered" Brand Protection Software called @BrandShieldltd that created some bogus Phishing report to our registrar, @iwantmyname, who ignored our response and just disabled the domain. The next day Funko's official account on X.com also issued their own statement that they "hold a deep respect and appreciation for indie games, indie gamers, and indie developers." (Though "Added Context" from X.com readers notes Funko's statement still claimed a "takedown request" was issued, rather than what Corcoran says was a false "fraud and phishing" report.) Funko.com also posted that they'd "reached out" to itch.io "to engage with them on this issue." But this just led to another angry post from Corcoran. "This is not a joke, Funko just called my mom." Cocoran then posted what looks like a screenshot of a text message his mother sent him. Though she doesn't say which company was involved, his mother's text says she "Got a strange call from a company about accusatory statements on your social media account. Call me..." Thanks to ewhac (Slashdot reader #5,844) for sharing the news.

Read more of this story at Slashdot.

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