Court rejects X's (formerly Twitter) claim to protect users who leaked undisclosed information about 'Genshin Impact'

Cognosphere, the game operator, filed a request for disclosure of information against X (formerly Twitter) account, which leaked unreleased artwork and update information for the popular open-world RPG ' Genshin Impact .' X refused the request, and the dispute was resolved in court, but the court issued an order dismissing X's objection.

X Loses Battle to Protect Genshin Impact Leaker's First Amendment Anonymity * TorrentFreak
https://torrentfreak.com/x-loses-battle-to-protect-genshin-impact-leakers-first-amendment-anonymity-240921/

Cognosphere has filed Digital Millennium Copyright Act (DMCA) summonses against a total of five X and Discord accounts that repeatedly leaked scenarios and newly implemented characters between December 2022 and January 2023. Cognosphere has also been proactive in combating online copyright infringement, such as by actively issuing DMCA summonses to request deletion and disclosure of personal information. Cognosphere has also sued users who access private servers for Genshin Impact and use most of the content for free, for 'unauthorized use of in-game images.'

'Genshin' sues cheat and private server operators for copyright infringement - GIGAZINE

As part of its countermeasures against copyright infringement, Cognosphere filed a disclosure request against X for X users who leaked information on new playable characters, new visuals, and new elements that will be added in major updates every six weeks. The DMCA subpoena requesting disclosure was submitted to the court on November 6, 2023, but X filed an objection on November 21, the day before the deadline, and did not respond to the information disclosure. Regarding the reason for the refusal, X said, 'Cognosphere is attempting to uncover the identities of third-party anonymous commenters through subpoenas issued under the DMCA. However, we are not in a position to determine whether Cognosphere has provided the constitutional evidence necessary to uncover the identities of these commenters, and therefore we are in a position to challenge the 'freedom of speech' of the First Amendment to the United States Constitution so that the parties can obtain judgmental materials from the court.' X reportedly notified the court.

X (formerly Twitter) refuses to disclose information about a user who leaked unpublished information about 'Genshin' - GIGAZINE

Regarding the denial of discovery under X's DMCA subpoena, the District Court for the Northern District of California concluded that it 'determines that the dispute can be resolved without the need for oral argument.' As a result, X's motion to dismiss the subpoena was denied, and Cognosphere's claim prevailed.

The judge explained the reason for the dismissal, saying, 'A recipient of a DMCA subpoena may challenge the subpoena if complying with it would require disclosure of material protected by the First Amendment and would violate the Federal Rules of Civil Procedure. X has not challenged it on the basis of the Federal Rules of Civil Procedure, so the question is whether X's First Amendment challenge is valid. In this case, the unauthorized copying of Genshin Impact artwork does not constitute free speech protected by the First Amendment. As a result, Cognosphere acted in good faith, and the Court has determined that Cognosphere's need for disclosure outweighs the First Amendment interests at issue.'

Although the leaker, User X, did not appear in court, the court said that the absence of a party does not affect the court's assessment. The order of dismissal stated, 'With respect to anonymity, User X's interest is consistent with the interests of each of its users. Accordingly, User X may well assert an Article I interest in opposing enforcement of the subpoena on behalf of its users.'