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Funko Pop abuses domain name reporting system, takes down itch.io (lemmy.ml)

submitted 2 years ago by HiddenLayer555@lemmy.ml to c/gaming@lemmy.ml

7 comments fedilink hide all child comments

https://x.com/itchio/status/1866017758040993829

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[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

At first I was like "WTF does an indie games site have to do with Funko?" then I Googled it...

Looks like they hosted a BUNCH of infringing games, so Funko, instead of doing the righteous thing and sending them a takedown request, just nuked the whole domain...

[–] DmMacniel@feddit.org 0 points 2 years ago (1 children)

And this nuke should cost them dearly, as there are so many Devs and Artists affected by it.

[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

I mean, I don't blame them for protecting their IP, they just picked a super shitty way to do it.

I don't even think they would have needed an official cease and desist... just a friendly note of "Hey, none of this Funko material is licensed, please remove it."

[–] Dreyns@lemmy.ml 0 points 2 years ago (1 children)

I blame them. Fair use is a thing and even beside fair use fuck em. copyright are getting more and more stupid by the day.

[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

It's not fair use to use images and names you have not licensed.

See this asshat:

https://youtu.be/Nv8llGq9fkY

https://www.reddit.com/r/HobbyDrama/s/TCK6HUAFm7

[+] umbrella@lemmy.ml 0 points 2 years ago* (last edited 1 year ago) (1 children)

[deleted]

[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

No, it isn't.

https://copyright.psu.edu/copyright-basics/fair-use/

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work."

So, me, making a fan page for FunkoPop versions of the Five Nights at Freddies characters and using their images? THAT'S fair use.

Me charging money for a fan game based on the same Funko versions of those characters is NOT fair use.

"Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.”"