Behind the scenes of one of the largest social media platforms, an epic battle is raging with a valuable payout: user data. But not just any user data, mind you. This battle is said to involve Nexon Korea Corporation, a South Korean video game maker, in an attempt to obtain the data of copyright infringers on the Discord platform.
Nexon Korea Corporation is behind well-known video games such as Maple story, Maplestory2, Sudden attack, The kingdom of the winds, Dungeon and fighter, Big hunt, Dave the diverAnd Elsword. And it appears that Nexon has received multiple criminal complaints of copyright infringement against other Korean servers that players use to run Nexon’s games, including one such perpetrator who is currently on the run and wanted by Interpol.
Naturally, Nexon has no qualms about using the US legal system to prosecute suspects of copyright infringement as well, but after issuing two such summonses to Discord, the online service provider has apparently had enough and is fighting back on behalf of the user privacy. and freedom of expression.
Disagreement and privacy
Discord hasn’t had the best relationship with user privacy in the past. It was forced to do so in 2023 changes decline to its privacy policy when it first introduced AI integration into its servers, including Clyde, AutoMod AI, Conversation Summarizes, Avatar Remix and more.
It had originally removed the language from an earlier version of its policy, which was then added back into the current version, as well as the following statement: “We can build features that help users interact with voice and video content, such as making or sending short recordings.”
Then in 2024, it was discovered that four billion Discord chats, created by approximately 620 million users, were logged into more than 14,000 servers. had been harvested by a site called Spy.pet and will be auctioned off to the highest bidders.
In a statement, Discord said it would investigate the matter to determine whether it violates its Terms of Service and Community Guidelines. But since nothing has been heard since, we are still unaware of the results of that investigation.
The battle for user data
Despite these privacy concerns, Discord is now locked in a legal battle with Nexon Korea Corporation over the latter, demanding that the former continue to hand over data of users suspected of online copyright infringement.
According to a report from TorrentFreakThe Korean company has been served with a DMCA subpoena requiring Discord to hand over such information and now claims it is refusing to cooperate with the US federal government’s court order.
However, Discord claims that it has already complied with an earlier order from October 2023. Although Discord initially resisted, both parties reached an agreement to confidentially disclose basic subscriber information on a total of 64 Discord user IDs.
Then, in May 2024, Nexon returned with a new subpoena requiring Discord to release the information of approximately two dozen alleged copyright infringers related to the MapleStory game. Discord complied again and forwarded that data on June 13.
However, in July, Discord decided to draw the line and sent Nexon a letter from its lawyers, including the Texas law firm Haltom & Doan:
“Now it appears that you are demanding additional information for even more user IDs, which you claim infringe on one of the same copyrights you have already asserted. You are trying to renegotiate a deal that has already been made and fulfilled. Your actions are inappropriate. Discord is committed to meeting its obligations under the law, but acting as your copyright claim partner is not one of them.”
It then listed twenty-two objections and reservations, including the desire to protect users’ privacy and their First Amendment right to freedom of speech. The letter further urged Nexon to withdraw its demands and stop sending similar subpoenas.
Instead, Nexon served one to force movement last week in a federal court in Texas, asking the court to enter an order requiring Discord to provide the requested user data. It is expected that Discord will file a formal motion against the subpoena in response to this request.
What does this mean for users and online service providers?
There are several things this whole legal battle means and the broader impact of such battles on future DMCA subpoenas like this one.
Primarily, it’s a battle over how confidentially companies handle user data when it comes to allegations of copyright infringement. This, as noted above, comes down to whether such claims can be viewed as a violation of privacy and First Amendment rights. The scope of such requests is especially important because it could significantly impact the amount of data collected in the aftermath of such judgments, as well as what could be a copyright infringement that would require a subpoena in the first place. justify.
There is also the impact this could have on online service providers and their own compliance with such DMCA subpoenas. This creates natural friction between providers and their users, who may not feel safe using the online service after user data has been exposed under a subpoena. Furthermore, these online service providers who receive DMCA subpoenas are forced to comply using their own time, money and resources to do so, limiting the three aspects used for the service itself.
As such, this is an incredibly complex issue and the results of this case have far-reaching implications for what companies can demand of online service providers, how many or few users are actually protected in these cases, and whether online service providers are required to meet these demands.
