Discord says piracy subpoena would violate users’ First Amendment rights

Oct 17, 2024 01:34 AM - 5 months ago 193567

Discord is fighting to support its users anonymous successful a tribunal conflict complete piracy connected the platform, claiming it would break users’ First Amendment authorities to manus complete excessively overmuch of their information.

Nexon, which publishes games including MapleStory, alleges that Discord has refused to comply pinch a Digital Millennium Copyright Act (DMCA) lawsuit issued by a national tribunal successful Texas that ordered the level to disclose personification accusation connected to suspected intelligence spot infringement. Nexon alleges that Discord members “often use” the level “to supply pirated versions of video games,” including Nexon’s.

In a recent tribunal filing, earlier reported by TorrentFreak, Nexon said that Discord’s counsel claimed the lawsuit was excessively wide and premature. Discord told the crippled patient earlier this twelvemonth that complying pinch the bid could infringe Discord users’ “decisions to stay anonymous, an facet of their state of reside protected by the First Amendment.”

“Discord is committed to fulfilling its obligations nether the law, but acting arsenic your copyright assertion partner is not 1 of them.”

But Nexon says Discord’s refusal to comply deprives it of basal accusation to spell aft group it believes are illegally infringing connected its IP. Under the DMCA, companies that fishy infringement of their copyright tin activity a lawsuit from a national tribunal to get different work supplier to springiness it accusation connected the personification suspected of violating its copyright.

“Discord is committed to fulfilling its obligations nether the law, but acting arsenic your copyright assertion partner is not 1 of them,” an lawyer for Discord wrote to Nexon successful a July missive included successful Nexon’s caller filing. The lawyer called Nexon’s demands “improper and overly burdensome” and said Discord already provided Nexon pinch “Basic Subscriber Information for a chopped group of 64 User IDs” aft it sought a lawsuit successful October 2023. Discord says Nexon is now asking for info connected much users for infringing connected 1 of the aforesaid copyrights. “You are attempting to renegotiate a woody that has already been struck and fulfilled,” Discord’s lawyer wrote.

Discord’s lawyer warned Nexon successful the missive that its petition would infringe connected its users’ First Amendment authorities to free reside and their determination to beryllium anonymous. “The Requests improperly activity to unmask anonymous speakers and result compel disclosure of worldly protected by the First Amendment,” Discord wrote successful the July letter. Discord and Nexon did not instantly supply comments to The Verge.

Discord said successful July it was prepared to record a mobility to quash the subpoena, though Nexon now says it’s waited excessively agelong to do so.

More