Discord is fighting to keep its users anonymous in a court battle over piracy on the platform, claiming it would violate users' First Amendment rights to share too much of their information.
Nexon, which publishes games, among other things MapleStoryclaims Discord refused to comply with a subpoena from a federal court in Texas under the Digital Millennium Copyright Act (DMCA), which ordered the platform to disclose user information related to alleged intellectual property violations. Nexon claims that Discord members “frequently use” the platform to “deliver pirated versions of video games,” including Nexon’s.
In a recent court filing, previously reported TorrentFreakNexon said Discord's lawyer claimed the subpoena was too broad and premature. Discord told the game publisher earlier this year that compliance with the order could violate Discord users' “choices to remain anonymous, an aspect of their freedom of expression protected by the First Amendment.”
“Discord strives to comply with its legal obligations, but acting as your copyright enforcement partner is not one of them.”
But Nexon says Discord's refusal to comply deprives it of the information it needs to take action against people it believes are illegally infringing on its intellectual property. Under the DMCA, companies that suspect infringement of their copyright can apply to a federal court for a subpoena to compel another service provider to provide them with information about the user suspected of infringing their copyright.
“Discord is committed to meeting its legal obligations, but serving as your copyright enforcement partner is not one of them,” a lawyer for Discord wrote in a July letter to Nexon that was included in Nexon’s most recent filing. The lawyer called Nexon's demands “unreasonable and unduly burdensome” and said Discord had already provided Nexon with “basic subscriber information for a specific set of 64 user IDs” after it filed for a subpoena in October 2023. Discord says Nexon is now asking for more information from users about violating the same copyrights. “You are attempting to renegotiate a deal that has already been made and fulfilled,” Discord’s attorney wrote.
Discord's lawyer warned Nexon in the letter that its request would violate its users' right to free speech and their choice to remain anonymous. “The requests unlawfully seek to expose anonymous speakers and, consequently, compel disclosure of material protected by the First Amendment,” Discord wrote in the July letter. Discord and Nexon did not immediately comment The edge.
Discord said in July it was ready to file a motion to quash the subpoena, although Nexon now says it waited too long to do so.