Discord challenges DMCA subpoena from Nexon as it cracks down on MapleStory copyright infringers
Discord Disputes DMCA Subpoena, Rejects Role as 'Anti-Piracy' Partner * TorrentFreak
https://torrentfreak.com/discord-disputes-dmca-subpoena-demands-rejects-anti-piracy-partner-role-241015/
Discord fights DMCA subpoena it says would violate the First Amendment - The Verge
https://www.theverge.com/2024/10/16/24271854/discord-nexon-dmca-subpoena-copyright-piracy
Under US law, rights holders may request a DMCA subpoena to identify alleged copyright infringers without directly filing a lawsuit. DMCA subpoenas are usually signed by a court clerk and do not require judicial oversight. Therefore, rights holders may obtain anonymous personal information of alleged copyright infringers through a third-party service provider.
Foreign companies also use DMCA subpoenas, and Nexon has used them to successfully identify people sharing pirated content such as MapleStory and Sudden Attack on Discord. Nexon also requested a DMCA subpoena from Discord in October 2023, and Discord initially expressed reluctance to disclose information, claiming that the scope was too broad and the burden on Discord was excessive. However, after discussions between the two companies, Discord ultimately agreed to disclose users' personal information. However, it has been reported that Discord expressed strong opposition to the DMCA subpoena requested by Nexon in May 2024.
Below is the DMCA summons that Nexon filed in May 2024. It requests Discord to disclose the personal information of 24 users who are infringing MapleStory copyrights.
However, in July 2024, Discord sent a letter to Nexon informing them that the request was improper and that they would not cooperate. Discord's lawyers explained to Nexon, 'You are now requesting additional information about even more user IDs, but you are alleging the same copyright infringement that you have asserted in the past. This is an attempt to renegotiate a contract that has already been made and performed. Your actions are inappropriate.'
The letter also listed a variety of other reasons for its opposition, with Discord making its position clear that it does not plan to invest significant resources in assisting Nexon in its crackdown on piracy. 'While Discord is committed to fulfilling its legal obligations, acting as a copyright assertion partner does not include that obligation. You continue to make demands that are inappropriate and overly burdensome to Discord,' including the immediate threat of litigation over non-existent legal issues, Discord argued, arguing that Nexon's DMCA subpoena is unjustified.
Discord said it was prepared to file a motion to quash the DMCA subpoena and asked Nexon not to pursue similar 'flawed DMCA subpoenas' in the future. Discord further explained that it 'opposes requests that violate users' decisions to remain anonymous, which is an aspect of free speech protected by the First Amendment. The requests unreasonably seek to unmask anonymous speakers, thereby forcing the disclosure of information protected by the First Amendment.'
Contrary to Discord's request, Nexon filed a motion to enforce the DMCA subpoena in a federal court in Texas in the second week of October 2024.
'Discord's failure to cooperate with disclosures has prevented Nexon from obtaining relevant, non-privileged information to support potential claims against users who provided access to infringing content,' Nexon explained in its complaint.
Below is a list of Discord server IDs and user IDs used by users who distributed content that infringed MapleStory's copyright.
At the time of writing, the Texas federal court had not yet ruled on the matter.
News outlet TorrentFreak noted that the legal battle 'is not just an isolated issue affecting two companies, but a lawsuit that could have direct implications on future efforts regarding similar DMCA subpoenas.'
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in Game, , Posted by logu_ii