What they mean is that technically you still are being granted a license to use it. The same was true for things like DVD movies. They’re technically correct, but missing the point.
I totally understand your point, but when people talk about “you own nothing” they don’t really mean you “own” the content on physical media, they mean it doesn’t have DRM that requires an online service. You’re technically correct, but your pedantry is making you miss the forest for the trees, basically.
As great as Gaben and Valve are his word doesn’t mean anything (it’s not a personal attack either, it’s just that it isn’t anything binding). Luckily if they fail to keep their promises (or legally cannot) then the crack community will step in. I’m pretty sure they cracked Steam DRM ages ago. I remember a friend using it for Left 4 Dead back in the day.
It’s near the line, I agree, I see your point, but it’s just the terminology and no gambling mechanics. You don’t set the ante, you just play. They could change the name ante to level and it would be the same. It’s not like you look at your stuff and decide how much you’re willing to risk. (You could argue skipping blinds is this sort of risk analysis like gambling but that’s hardly unique to Balatro.) There is no benefit from stopping earlier because if you lose on ante one or lose on ante seven it’s the same outcome. Also, if you choose to restart one ante one or ante seven it’s the same outcome. Because it’s just a score keeping mechanism. Nothing more.
I’m not trying to exonerate them of any blame, I’m just saying “knowingly” implies a human looking at something and making a decision as opposed to a machine making a mistake.
So now we know that Brandshield is knowingly making false accusations that have potentially serious consequences for their victims.
They said their platform is “AI driven” which could very easily imply this was an automated process with no human making a decision. It’s still bad, but a different kind of bad than “knowingly” making a decision.
Those subdomains are not managed or controlled by the registrar
I might be getting the terminology wrong, I’ve not had to work too closely with the specifics of subdomains in my career, lol. But you can definitely have blah.itch.io points to a different IP than itch.io and that’s done through DNS. So if they suspected blah.itch.io to be a phishing site imitating Funko’s site, it makes sense that they’d report it to the people controlling that.
And yeah, it looks like Itch does use sub domains for user pages instead of URL paths. xk.itch.io So if some user’s page was trying to imitate Funk’s site then I could see this line of thought. I’d need to see the page that was supposedly imitating and what it was imitating to really make a judgement call though.
Makes me wonder if the report was for something like itch.io/blah but it took the whole site down. If they’re not being dishonest, I could see going to registrar about a site imitating to be yours for phishing.
Funko still deserves some flak for, at least, using an automated tool (or a setting) that is so insanely aggressive. Maybe the registrar holds some blame too.