Discord Disputes DMCA Subpoena, Rejects Role as ‘Anti-Piracy’ Partner

Under U.S. law, rightsholders have an option to identify alleged copyright infringers, without directly having to file a lawsuit.

Instead, they can request a DMCA subpoena. These documents are typically signed by a court clerk and don’t require any judicial oversight. Specifically, they allow rightsholders to obtain the personal details of anonymous alleged infringers through third-party service providers.

Foreign companies are also aware of this discovery ‘shortcut’. For example, Korean game publisher Nexon previously used it to identify people who allegedly shared pirated content, including the games MapleStory and Sudden Attack, through Discord, .

Nexon Targets Discord with DMCA Subpoenas

When Nexon obtained a DMCA subpoena last October, Discord initially objected, deeming it “overbroad and unduly burdensome.” After the parties got together, an agreement was reached to confidentially disclose basic subscriber information related to 64 Discord User IDs.

Discord was clearly hesitant to cooperate but, faced with a motion to compel, it eventually chose to do so. However, the company did not envision that Nexon would return to court with similar requests a few months later.

In May, Nexon obtained a new DMCA subpoena, which again requires Discord to share the personal details of alleged copyright infringers. This time, the legal paperwork targets roughly two dozen users who allegedly shared copyrighted material related to the MapleStory game.

When the subpoena was issued, Discord had yet to send over the user details from the first request, which it eventually shared mid-June. However, going forward, the company doesn’t intend to adopt the role of anti-piracy data provider.

Discord Draws a Line

In July, Discord sent a letter to Nexon, informing the game company that it has no intention of cooperating with the latest request, describing it as improper.

“Now, you appear to be demanding additional information for yet more User IDs, which you allege infringe one of the same copyrights you have already asserted. You are attempting to renegotiate a deal that has already been struck and fulfilled. Your actions are improper,” Discord’s attorney wrote.

The letter outlined a broad list of objections and makes it clear that Discord doesn’t plan to invest substantial resources to help Nexon catch online pirates.

“Discord is committed to fulfilling its obligations under the law, but acting as your copyright assertion partner is not one of them. Your firm continues to make improper and overly burdensome demands […] including immediate threats of motion practice in non-existent legal matters.”

Prepared to Fight

The messaging platform wrote that it is prepared to file a motion to quash the subpoena, if needed. It further urged Nexon to withdraw their demands, and cease sending any similar ‘defective’ subpoenas going forward.

To support its stance, Discord made a list of twenty-two general objections and reservations. Among other things, the company wants to protect user privacy and their first amendment right to anonymous speech.

“Discord objects to the Requests as infringing its users’ decisions to remain anonymous, an aspect of their freedom of speech protected by the First Amendment. The Requests improperly seek to unmask anonymous speakers and consequently compel disclosure of material protected by the First Amendment,” it reads.

This strongly-worded letter didn’t have the desired result, however. Instead of backing off, Nexon doubled down, filing a motion to compel at a Texas federal court late last week.

The game company refutes Discord’s objections and asks the court to enter an order requiring Discord to produce the requested user data. Nexon says that it needs this information to protect its copyrights.

“Discord’s failure to cooperate discovery has impeded Nexon’s ability to discover relevant, non-privileged information that will support its potential claims against the users who have provided access to the infringing material,” Nexon writes.

While the court has yet to rule on the matter, Discord is expected to file a formal motion to quash the subpoena in response, as indicated in its earlier communications.

The dispute is yet another classic example of the clash between copyrights and user privacy, with online service providers in the middle. The fact that Discord’s compliance requires operational (time and money) resources, makes it even more complex.

This isn’t just an isolated issue that affects these two companies. The outcome of this brewing legal dispute could have a direct impact on similar DMCA subpoena efforts in the future.

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A copy of the motion to compel, filed at the Texas federal court by Nexon Korea Corporation, is available here (pdf)

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TorrentFreak