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[return to "Itch.io Taken Down by Funko"]
1. rf15+52[view] [source] 2024-12-09 07:47:39
>>spiral+(OP)
Brand Shield and other AI slopware needs to be sued to death for all the damage they cause, including their customer's reputation and bottom line
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2. kvdvee+76[view] [source] 2024-12-09 08:30:29
>>rf15+52
Of course the problem is that legally speaking, they don't cause any damage - service providers they target cause the damage. BS have no true authority over these service providers, just the threat of some legal claim. The service providers comply voluntarily as they don't want to spend time checking if the claim is valid.
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3. PostOn+U8[view] [source] 2024-12-09 09:01:00
>>kvdvee+76
I don't think this is the kind of advice a good lawyer would give.

BrandShield, Funko, and iwantmyname all caused serious financial harm through, at a minimum, tortious negligence.

I'm not a lawyer, but even a yokel like me knows there's more to this legally than a shrug and "the software did it".

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4. RichEO+0c[view] [source] 2024-12-09 09:34:08
>>PostOn+U8
It’s clear that you’re not a lawyer, because if you were you’d know that there’s no established duty of care between BrandShield and web masters.
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5. klez+Ef[view] [source] 2024-12-09 10:16:48
>>RichEO+0c
Clearly I'm not a lawyer either, but isn't accusing someone of doing something that is not true and that can have legal ramification a suable behavior in the US?
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6. pera+5l[view] [source] 2024-12-09 11:11:13
>>klez+Ef
According to this no one has ever been prosecuted just for sending false DMCA takedown notices:

https://law.stackexchange.com/questions/51541/has-anyone-bee...

They do mention a case where the defendant acted in bad faith and was found liable for damages though.

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7. pdpi+kl[view] [source] 2024-12-09 11:13:19
>>pera+5l
It's a good thing it's not a DMCA takedown notice, then. They reported itch.io for phishing.
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