![\"itch-io\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2024\/12\/itch-io.png\")
The DMCA takedown procedure may not be perfect but, for those intending to use it, there\u2019s an unambiguous step-by-step process that\u2019s been in place for a quarter of a century.<\/p>\nThe DMCA takedown procedure may not be perfect but, for those intending to use it, there\u2019s an unambiguous step-by-step process that\u2019s been in place for a quarter of a century.<\/p>\n
Needless to say, entities that deviate from the established rules can make life difficult for themselves as well as the intended recipients of takedown notices. That includes entities that attempt to use DMCA takedown notices to enforce trademark disputes, or prefer to avoid the DMCA altogether by portraying copyright complaints as something more serious.<\/p>\n
In a post on X.com<\/a> early this morning, indie videogame storefront Itch.io said its platform had been effectively taken offline following a \u201cbogus phishing report\u201d that resulted in the disabling of its domain by the platform\u2019s domain registrar.<\/p>\n \u201cI kid you not, @itchiohas been taken down by @OriginalFunko because they use some trash \u2018AI Powered\u2019 Brand Protection Software called @BrandShieldltd that created some bogus Phishing report to our registrar, @iwantmyname, who ignored our response and just disabled the domain,\u201d the company complained.<\/p>\n<\/p>\n The events that led up to this disaster (at the time of writing the domain has still not been reinstated) seem to highlight an imbalance. While platforms swiftly respond to complaints, they seem far less eager to address the consequences of erroneous takedown requests.<\/p>\n In a post on HackerNews hoping to draw attention to the situation, \u2018Leafo\u2019 from Itch.io explains the origins of the complaint. From their knowledge of the initial trigger, a DMCA complaint was the obvious mechanism to achieve the desired result. Instead, a company called BrandShield Ltd took a different approach.<\/p>\n \u201cI\u2019m the one running itch.io, so here\u2019s some more context for you: From what I can tell, some kid made a fan page for an existing Funko Pop video game (Funko Fusion), with links to the official site and screenshots of the game,\u201d Leafo explains. <\/p>\n \u201cThe BrandShield software is probably instructed to eradicate all \u2018unauthorized\u2019 use of their trademark, so they sent automated reports to our host and registrar claiming there was \u2018fraud and phishing\u2019 going on, likely to cause escalation instead of doing the expected DMCA\/cease-and-desist.\u201d<\/p>\n Leafo confirmed that around five to six days ago, Itch.io\u2019s host Linode and its domain registrar iwantmyname.com, forwarded reports of the complaint. In response, Itch.io took the disputed page down with Leafo sharing his concerns with both companies, presumably over the way the problem had been addressed.<\/p>\n \u201cI expressed my disappointment in my responses to both of them but told them I had removed the page and disabled the account. Linode confirmed and closed the case. iwantmyname never responded,\u201d Leafo notes.<\/p>\n On Sunday evening, Leafo received an alert and went on to discover an ominous status for the Itch.io domain.<\/p>\n \u201c[I] noticed that the domain status had been set to \u2018serverHold\u2019 on iwantmyname\u2019s domain panel. We have no other abuse reports from iwantmyname other than this one. <\/p>\n \u201cI\u2019m assuming no one on their end \u2018closed\u2019 the ticket, so it went into an automatic system to disable the domain after some number of days. I\u2019ve been trying to get in touch with them via their abuse and support emails, but no response likely due to the time of day, so I decided to \u2018escalate\u2019 myself on social media.\u201d<\/p>\n Despite identifying a possible failure on the part of iwantmyname, Itch.io appears to be pointing the finger of blame at BrandShield, the originator of the initial complaint. <\/p>\n Leafo believes that incorrectly stating that Itch.io was engaged in \u201cfraud and phishing\u201d was an escalation attemp to obtain a more significant result than usually available under the DMCA takedown process.<\/p>\n In these types of cases, intent can be difficult if not impossible to prove. However, if the BrandShield promotional document on the right remains current, the anti-phishing service offered by the company operates as SaaS and may allow its clients to initiate action too.<\/p>\n Whether the entire system was automated in this case is unclear. The type of nefarious identity-stealing phishing activity portrayed on the BrandShield website is clearly a big step up from the fan page content created by the user on Itchi.io. In any event, an incorrect enforcement tool prompted an incorrect takedown mechanism, and seems to have led to a disproportionate end result.<\/p>\n Numerous takedown notices sent previously by Brandshield to Google are available for browsing<\/a> within the company\u2019s Copyright Transparency Report. As seen here<\/a>, successful takedowns are vastly outnumbered by those that fail, usually after being rejected by Google.<\/p>\n Without drawing any conclusions on whether the takedowns were warranted, in many cases it appears that Google refused to take action because BrandShield attempted to use the copyright takedown mechanism offered by Google to address alleged trademark infringement. <\/p>\n While that would be convenient, it\u2019s impossible to send a valid DMCA takedown notice for alleged trademark infringement.<\/p>\n From: TF<\/a>, for the latest news on copyright battles, piracy and more.<\/p>\n![\"itchio-x-complaint\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2024\/12\/itchio-x-complaint.png\")
<\/center><\/p>\nCopyright Complaint Was \u2018Upgraded\u2019 to Fraud\/Phishing<\/h2>\n
Domain Suspension Prevents Itch.io From Doing Business<\/h2>\n
So Who Takes The Blame?<\/h2>\n
![\"brandshield-promo\"](\"https:\/\/www.cryptocabaret.com\/wp-content\/uploads\/2024\/12\/brandshield-promo.png\")
\u201cI honestly think they\u2019re the malicious actor in all of this. Their website, if you care: https:\/\/www.brandshield.com\/,\u201d Leafo wrote.<\/p>\nGoogle Transparency Reports<\/h2>\n