Discord, the popular online messaging platform, has disputed a DMCA subpoena filed by Korean video game publisher Nexon.
Nexon, whose titles include MapleStory, Blue Archive, and Sudden Attack, requested a DMCA subpoena on the grounds of alleged infringement by Discord users. Nexon want Discord to hand over the personal details of suspected pirates.
Discord have disputed the request, issued by a federal court in Texas, to unmask anonymous users, arguing that the alleged US pirates’ First Amendment right to free speech would be violated.
As reported by TorrentFreak, lawyers representing Discord challenged the subpoena on numerous grounds – 22 in total – including the subpoena being too broad and infringing on anonymous users’ right to free speech and privacy.
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.
Nexon, however, rejected this. The Korean publisher have now filed a ‘motion to compel‘ (PDF), arguing that their intellectual property rights continue to be unlawfully infringed.
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.
The Texas federal court has yet to rule on the matter, but legal analysts expect Discord to respond in turn by filing a ‘motion to quash’, an action Discord had previously said it may take.
This is not the first time Discord has faced Nexon. Discord complied with a previous request, filed by Nexon in October 2023, which involved Discord sharing “basic subscriber information” pertaining to 64 user accounts.
