Discord is fighting back against MapleStory developers for copyright infringement and users are caught in the crossfire

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Hacked smartphone with data streaming in the background. — Credit: Shutterstock

Behind the scenes at one of the biggest social media platforms there has been an epic fight with a valuable payout – user data. But it’s not just any user data, remember. This fight reportedly involves Nexon Korea Corporation, a South Korean video game maker, trying to obtain data from 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 and Fighter, Big chase, Dave the diverand Elsword. And it appears that Nexon has had several criminal copyright infringement complaints against other Korean servers that gamers use to run Nexon games, including one such culprit who is currently on the run and wanted by Interpol.

It goes without saying that Nexon has no qualms about using the US judicial system to go after suspected copyright violators either, but after serving two such subpoenas to Discord, the online service provider has apparently had enough and is fighting back on behalf of the users’ privacy. and rights to freedom of expression.

Discord and privacy

Discord hasn’t had the best relationship with user privacy in the past. In 2023, he was forced to go 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 text from a previous version of its policy, which was then added back to its current version, as well as the following statement: “We may create features that help users interact with voice and video content, such as create or send short recordings.”

Then it was discovered in 2024 that four billion Discord chats, made by around 620 million users, were connected to more than 14,000 servers. had been harvested by a website called Spy.pet and set to 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. However, considering there has been no word since then, we are still unaware of the results of that investigation.

The battle for user data

A representational concept of a social media network

Despite these privacy issues, Discord is now embroiled in a legal battle with Nexon Korea Corporation over the latter, demanding that the former continue to hand over user data suspected of copyright infringement online.

According to a report from TorrentFreakthe Korean company obtained a DMCA subpoena demanding that Discord hand over such information and now claims that it refuses to cooperate with the US federal government’s court order.

Discord, however, claims that it has already complied with a previous request made in October 2023. Although Discord initially resisted, both parties reached an agreement to confidentially disclose basic subscriber information relating to a total of 64 Discord user IDs. Discord.

Then Nexon returned in May 2024 with a new subpoena demanding that Discord release the information of about two dozen alleged copyright infringers related to the MapleStory game. Discord once again complied and sent this data on June 13th.

In July, however, Discord decided to draw the line and sent Nexon a letter from its lawyers at the Texas law firm Haltom & Doan:

“Now, you appear to be demanding additional information for even more user IDs, which you claim infringe one of the same copyrights that you have already claimed. You are trying to renegotiate a deal that has already been reached and fulfilled. Your actions are inappropriate. Discord is committed to fulfilling its obligations under the law, but acting as your copyright claims partner is not one of them.”

It then made a list of twenty-two objections and reservations, one of which was the desire to protect the user’s privacy and their First Amendment right to free speech. The letter further urged Nexon to withdraw its demands and stop sending any similar subpoenas in the future.

Instead, Nexon presented a movement to oblige in a Texas federal court last week, asking the court to issue 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 entire legal battle means and the broader impact of such battles on future DMCA subpoena cases like this one.

First, it’s a battle over how much access companies have to user data when it comes to allegations of copyright infringement, which, as stated above, comes down to whether such allegations can be seen as a violation of privacy and human rights. of the First Amendment. The scope of such requests is especially important, as it can greatly affect the amount of data collected following such trials, as well as what might constitute copyright infringement in the first place, which would justify a subpoena.

There is also the impact this could have on online service providers and their own compliance with these DMCA subpoena cases. This creates natural friction between providers and their users, who may not feel safe using the online service after user data is disclosed under subpoena. Furthermore, those online service providers who receive DMCA subpoenas are forced to comply using their own time, money and resources to do so, which reduces 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 consequences for what businesses can demand from online service providers, to what extent users will actually be protected in these cases, and whether online service providers are required to meet these demands.