Product1 distinct publisher3 min readPublished
Stephen Totilo lost his X account over screenshots of public court orders, on a notice that argued trademark law using a copyright form; GameStop got struck for running the screenshot Rockstar hands to the press.
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Five days sat between the post and the lockout [17]. That gap rules out the excuse operators usually reach for, which is that automated systems move too fast for anyone to check. Something sat in a queue for most of a week, and at no point in that week did the queue contain a person who opened the three attachments and read them [4].
The notice that came out the other end asserted Take-Two's international figurative trademark on the Grand Theft Auto logo and argued likelihood of confusion, which is the test for whether the public might mistake someone else's goods for the brand's [8][9]. That is trademark law, filed through the copyright takedown mechanism, against images containing neither the logo nor a frame of the game [4]. The same notice described two federal court orders as "video/audiovisual recording" [10]. X removed the post and suspended the account regardless [1]. Whatever review happened on the platform side was checking that the fields were filled, not that the claim held together.
What the two struck parties were actually doing is unremarkable. One reporter screenshotted a public docket that never mentions the game by name [5]. One retailer reused the promotional still Rockstar publishes in its own press gallery so that outlets will run it, the same shot that has appeared on dozens of sites since May 2025 [14][15]. What an enforcement program tells itself is that every appearance of the brand during a leak window is a possible leak vector, and every notice filed is a hole plugged. Notices filed is a number a vendor can put in a monthly report, while rescinded notices is a number nobody produces unless the buyer asks for it.
What the material does not show is a rate. Two named misfires inside a seven-day window is not an error rate, because there is no published count of how many notices Ebrand sent in the same window [12][18][20]. Techdirt's read is that Take-Two and Rockstar have a history of using copyright law against leaks, cheats and mods [16]. These two cases establish the shape of the failure, not its frequency.
The test worth applying before renewing a brand-protection contract has two parts. First, sort the vendor's queue by artifact rather than by keyword, and route anything whose evidence is a court document or an asset from your own press kit to a named human with authority to kill the notice. Those are the two categories where legitimate use concentrates, and where a wrong hit is most likely to be reported by someone with a newsletter. Second, put the rescission count beside the notice count in the same report, and require that the person certifying accuracy under penalty of perjury be on your payroll rather than a subcontractor's [11]. A signature that costs the signer nothing is unlikely to buy careful accuracy.
Ranked by verification strength, evidence, and original report placement.
On August 26, Stephen Totilo was locked out of his X account over a DMCA notice filed on Take-Two's behalf.
Totilo is the longtime former Kotaku editor-in-chief who now runs the Game File newsletter.
The post at issue, dated August 21, reported that judges in New York had cleared Take-Two to subpoena Microsoft and Discord in its GTA 6 leak hunt.
The post carried three screenshots: the two court orders and a tweet from Xbox CTO Scott Van Vliet saying Microsoft is "working closely with Take-Two and Rockstar Games." It contained no leaked footage and no gameplay.
The court orders are public records and never once use the words Grand Theft Auto.
After Totilo complained to X and publicly on X, his account and the original tweet were restored and the DMCA claim was rescinded.
Distinct publishers with included, body-backed reporting in this cluster.
1 article · September 4, 2026
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Evidence-backed comparisons of source perspectives and observed adoption signals. Read the methodology
Which Builder, Operator, and Investor concerns the observed source mix emphasized—not a truth score.
Evidence, demonstrated adoption, hype gap, incentives, and confidence are assessed independently, each on its own current evidence. How these are measured.
One outlet, checkable documents
All of this comes from Techdirt, and much of the lockout comes from the person it happened to. The notice is paraphrased rather than reproduced, so its trademark wording and 'video/audiovisual recording' label reach readers at one remove. What sits outside the reporting holds up well: the New York orders are public filings and the disputed image is downloadable from Rockstar's press gallery, where dozens of outlets got it. Take-Two, Ebrand and X are all absent from the piece.
No denominator
Two strikes six days apart is the whole documented record. The reporting gives no count of notices Ebrand filed, no tally of removals X executed, and no figure for reversals, so there is nothing to scale the pattern against. Whether these were outliers in a careful campaign or samples from a sloppy one cannot be answered from what is here.
Framing outruns the two cases
The specific findings are narrow and strong; the language wrapped around them is neither. 'Carpet-bomb', 'cornucopia of stupid' and a claim of historical abuse describe a campaign whose size the piece never establishes, built from two wrong targets in one week. The trademark-argued-through-a-copyright-form detail needs no amplification to matter, and the assertion of a systematic vendor problem is the part running ahead of the record.
House position, self-interested witness
Techdirt has argued against takedown overreach for two decades and opens by saying it avoided the leak saga to deny Take-Two a marketing win, which is candour about a position rather than distance from one. The lockout's principal witness is a journalist describing his own suspension while running a newsletter that competes for attention on exactly this beat. The parties with reason to contest any of it stayed quiet, so nothing in the piece pushes back.
Solid events, thin paperwork
The events themselves are the sort that get corrected fast if wrong: a suspension, a restoration, a struck retailer post, an official press asset still sitting where Techdirt says it sits. Those we would bet on. The legal reading is where confidence thins, because the notice's trademark assertion and its description of court orders as audiovisual material come from one paraphrase of a document nobody outside has published.