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Hallyuwood
Texas court allows BIGHIT MUSIC to identify alleged BTS album leaker
Texas court allows BIGHIT MUSIC to identify alleged BTS album leaker
A Texas court has allowed BIGHIT MUSIC to seek information that could reveal the identity of the X user who allegedly leaked BTS’ unreleased “Arirang” album tracks and materials.
According to an exclusive report by Korean media outlet Sisa Journal, the US District Court for the Western District of Texas approved BIGHIT MUSIC’s request on Aug. 5.
The ruling allows the company to ask X for information that could identify the person behind the account, including their name, date of birth, address, email address, phone number, IP addresses, access logs and payment information.
The X account, identified as “BTS Arirang Leak (@j*****)”, allegedly uploaded unreleased BTS songs, lyrics, concept art and cover images before “Arirang” was officially released on March 20.
BIGHIT MUSIC first filed its request on April 9 with a federal court in Northern California. The company later withdrew the request and filed it in Texas after X moved its headquarters from California to Texas, raising questions about which court had jurisdiction over the case.
X did not oppose BIGHIT MUSIC’s request.
The Texas court, however, placed conditions on the order.
X must notify the account holder about the request for information within 10 days of receiving the court order. Both X and the account holder will then have 21 days from the notification or service to ask the court to cancel or modify the subpoena.
The court also acknowledged that people generally have First Amendment protections when they choose to remain anonymous online.
However, it said there was no need to decide that issue at this stage because there was no evidence yet showing that the X user is a US citizen or is located in the United States.
The ruling therefore allows BIGHIT MUSIC to pursue the information it needs while still giving the account holder an opportunity to challenge the request, including on grounds of online anonymity and freedom of expression.
Once the account holder’s identity is confirmed, BIGHIT MUSIC plans to pursue a civil case in South Korea, citing alleged copyright and trade secret infringement, as well as violations of confidentiality agreements.
