Bluesky Post (this was also posted on twitter)
I was hoping to find a statement from the aggressor, but it seems to be too early.
I mean, it sounds like a lawsuit to me.
-
A takedown request was issued on false grounds.
-
This takedown was then actioned without any due process.
-
The issue has caused tangible, and measurable, loss (calculable from prior sales records).
Honestly, there needs to be a fixed penalty fine for bad takedowns…
Fixed penalties just become the cost of doing business. Like actors, we need to start asking for percentage of gross.
Imo we need to start attaching criminal penalties to the people behind businesses that knowingly abuse their power and position like this. Corporate bullying isn’t a financial position, it’s a failing of ethics.
Yup. The first couple of times might have been a mistake subject to fine. The third time you’re facing criminal contempt of the rule of law.
Honestly, there needs to be a fixed penalty fine for bad takedowns…
Absolutely not, fixed fines become expected costs, and immensely favor monied actors. Make it percentage based so it hurts equally, and rich people actually have to pay a measurable amount.
Funko would drag a lawsuit out for years, but Itch might have the spite to push through it.
Probably both if you can make the case for it. Funko for the false request, the registrar for not doing their due diligence in honoring it. Depending on the wording of the law the registrar may be off the hook however, so whether there’s a case to be brought there would be a question for their lawyers.
