Discord Challenges DMCA Subpoena, Citing First Amendment Violation Concerns

In an ongoing legal dispute, Discord is contending with the obligation to maintain user anonymity in a case involving alleged piracy on its platform, citing potential violations of First Amendment rights if compelled to reveal excessive user information. The controversy arose from a subpoena under the Digital Millennium Copyright Act (DMCA) issued by a federal court in Texas, demanding Discord release details of users allegedly involved in intellectual property violations.

Nexon, a game publisher known for titles such as MapleStory, claims that Discord has not complied with this subpoena. Nexon alleges that Discord’s platform is frequently used to distribute pirated video games, including those belonging to Nexon.

In recent legal documents, Nexon stated that Discord’s legal team regarded the subpoena as overly broad and premature. Discord had previously informed the publisher that adherence to the subpoena might compromise users’ anonymity, which is considered a part of their freedom of speech protected by the First Amendment.

Discord emphasized its commitment to legal compliance but maintained that playing the role of a copyright assertion partner is not its responsibility. Nexon argues that Discord’s non-compliance hinders its ability to prosecute those it suspects of infringing on its intellectual property. The DMCA allows companies to request a court-issued subpoena to obtain information about users suspected of copyright violations.

Discord’s attorney, in a July correspondence with Nexon, labeled the publisher’s demands as "improper and overly burdensome," noting that Discord had already shared basic subscriber information for 64 user IDs following a subpoena request in October 2023. However, Nexon is now seeking additional user information allegedly tied to repeated copyright infringements. Discord’s legal representative accused Nexon of attempting to alter a previously settled agreement.

The communication from Discord cautioned that Nexon’s requests might breach users’ First Amendment rights and their choice to remain anonymous. Discord highlighted that the demands could unjustly force the disclosure of protected speech material.

Discord indicated in July that it was prepared to file a motion to quash the subpoena, though Nexon claims the platform has delayed excessively in pursuing this action. Both Discord and Nexon have yet to provide comments to The Verge regarding this matter.

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