Behind the scenes of one of the biggest social media platforms has been an epic struggle with a valuable payout — user data. But not just any user data mind you. This struggle allegedly involves Nexon Korea Corporation, a South Korean video game maker, trying to obtain the data of copyright infringers on the Discord platform.
Nexon Korea Corporation is behind well-known video games such as MapleStory, MapleStory2, Sudden Attack, The Kingdom of the Winds, Dungeon & Fighter, Grand Chase, Dave the Diver, and Elsword. And it seems that Nexon has had multiple criminal copyright infringement complaints against other Korean servers that players use to run Nexon's games, including one such culprit who is currently on the run and wanted by Interpol.
Needless to say, Nexon has no qualms about using the US court system to pursue copyright infringement suspects as well, but after delivering two such subpoenas to Discord, the online service provider has apparently had enough and is fighting back in the name of users’ privacy and free speech rights.
Discord and privacy
Discord hasn’t had the best relationship with user privacy in the past. Back in 2023, it was forced to walk back changes to its privacy policy when it first introduced AI integration into its servers including Clyde, AutoMod AI, Conversation Summarizes, Avatar Remix, and more.
Originally it had removed language from a previous version of its policy, which then was added back to its current version as well as the following statement: “We may build features that help users engage with voice and video content, like create or send short recordings.”
Then it was found out in 2024 that four billion Discord chats, made by roughly 620 million users, logged into more than 14,000 servers had been harvested by a site called Spy.pet and set to be auctioned off to the highest bidders.
In a statement, Discord said that it would be investigating the matter to determine whether it violates its Terms of Service and Community Guidelines. However, considering there’s been no word since, we’re still not privy to the results of that investigation.
The battle for user data
Despite these privacy hiccups, Discord is now embroiled in a legal battle with Nexon Korea Corporation over the latter demanding the former continue to hand over data of users suspected of online copyright infringement.
According to a report from TorrentFreak, the Korean company obtained a DMCA subpoena requiring Discord to hand over such information and is now claiming that it refuses to cooperate with the US federal government court order.
Discord, however, asserts that it’s already complied with a previous order made back in October 2023. While Discord initially resisted, both parties reached an agreement to confidentially disclose basic subscriber information concerning a total of 64 Discord user IDs.
Then Nexon returned in May 2024 with a new subpoena requiring Discord to disclose the information of roughly two dozen alleged copyright infringers related to the MapleStory game. Discord once again complied and sent over that data on June 13.
In July, however, Discord decided to draw a line and sent Nexon a letter from its attorneys, with the Texas law firm Haltom & Doan:
“Now, you appear to be demanding additional information for yet more User IDs, which you allege infringe one of the same copyrights you have already asserted. You are attempting to renegotiate a deal that has already been struck and fulfilled. Your actions are improper. Discord is committed to fulfilling its obligations under the law, but acting as your copyright assertion partner is not one of them.”
It then made a list of twenty-two objections and reservations, with one being the desire to protect user privacy and their First Amendment right to freedom of speech. The letter further urged Nexon to withdraw its demands and to cease sending any similar subpoenas moving forward.
Instead, Nexon filed a motion to compel at a Texas federal court just last week, asking the court to enter an order requiring Discord to produce the requested user data. Discord is expected to 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 subpoena cases like this one.
First, it’s a battle of how privy companies are to user data when it comes to copyright infringement allegations which, as stated above, boils down to whether such claims can be seen as a violation of privacy and First Amendment rights. The scope of such requests is especially important since it could greatly affect how much data is collected in the wake of such judgments, as well as what could constitute copyright infringement in the first place that would warrant a subpoena.
There’s also the impact that this could have on online service providers and their own compliance with such DMCA subpoena cases. This creates natural friction between providers and their users who may not feel secure using the online service after user data is disclosed under subpoena. Also, these online service providers being served DMCA subpoenas are forced to comply using their own time, money, and resources to do so, which cuts into those three aspects being used for the service itself.
As such, this is an incredibly complex issue and the results of this case have far-reaching consequences for what companies can demand of online service providers, how much or little will users actually be protected in these cases, and whether online service providers are required to comply with these demands.
