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US COURT DENIES HYBE'S REQUEST TO COMPEL TWITTER TO DISCLOSE IDENTITY OF USER
🕑 Added 2024-07-02 02:43:19 +0000 UTCSOURCE: https://www.seoulwire.com/news/articleView.html?idxno=614099
note: There MIGHT be an inaccuracy in their report. paragraph 7 (underlined). I am not sure about Starship's case. as far as I know, Starship's case is in Korea. As far as I know, court denied ADOR's request since the youtuber deleted their account.
TLDR:
The court decided not to grant HYBE's request to get the personal information of the X (formerly Twitter) user 'GuiltyKeave'. Here's why in simpler terms:
Request Dismissed: The court didn't allow Hive to obtain 'GuiltyKeave's' personal information.
Reason: The judge felt it was wrong for a private company, not a legal authority, to use the U.S. court system to get personal details about someone.
Criminal Investigation: The judge pointed out that investigating crimes is typically the job of police or other authorities, not private companies or individuals.
No Action from Korean Police: There was no evidence that the Korean police had done anything about HYBE’s complaint, which made the judge less inclined to grant the request.
Alternative Route: The judge mentioned that if Korean police requested the information, it could be handled through an official process between the U.S. and Korea.
In short, the court believed that only official authorities should use the legal system to get personal information, and since the Korean police hadn’t taken action, the court denied Hive's request.
A U.S. court has dismissed HYBE's request to disclose the personal information of the X (formerly Twitter) user 'GuiltyKeave'. As a result, it is now uncertain how HYBE's lawsuit will proceed without this information.
The United States Federal District Court for the Northern District of California announced on the 28th of last month that it had dismissed HYBE's request.
HYBE is pursuing legal action against individuals spreading malicious rumors about its artists. One such individual, 'GuiltiArcHYBE', is accused of posting false claims on X, including statements like "Le Seraphim is behind GFriend's disbandment" and "Ilchi Art Hall, where BTS held their debut showcase, is related to Danworld."
HYBE had filed a defamation complaint against 'GuiltyKeave' at the Yongsan Police Station in Seoul but faced challenges identifying the defendant because X's headquarters are in the United States. To overcome this, HYBE applied to a U.S. court for information disclosure.
This application was made under the American 'discovery system', which requires parties to exchange evidence and documents before a trial. Information can also be requested from third parties involved in the case.
Under Title 28, Section 1782 of the Code of Federal Regulations, discovery procedures can be initiated in foreign countries if certain criteria are met. However, the decision to grant or deny such requests is at the judge's discretion, meaning outcomes can vary in similar cases.
Previously, Starship Entertainment and Adore successfully applied for the disclosure of information about malicious YouTubers '탈덕수연장' and '중학교7학년'. The California court approved their requests, allowing them to obtain personal information from YouTube's parent company, Google.
In contrast, HYBE's request was denied. Judge Vince Chhabria, who presided over the case, acknowledged that HYBE's request met the basic requirements of Section 1782 but decided not to grant the disclosure. The judge stated that using the U.S. court system to obtain personal information for a private individual, rather than a judicial agency, was an abuse of the system. He also noted that criminal investigations are generally the responsibility of investigative authorities, not victims, and there was no indication that Korean police had acted on HYBE’s complaint.
Judge Chhabria added that if Korean authorities requested the information, the procedures could be followed according to the treaty between the United States and Korea.
Meanwhile, Starship Entertainment is pursuing civil and criminal lawsuits against 'Taldeoksu Concentration Camp'. In the first trial, the court ordered 'Taldeoksu Concentration Camp' to pay 100 million won to Jang Won-young, but the defendant has appealed the decision. Adore has not yet filed a lawsuit against 'Middle School 7th Grade'.
Comments
Paula
good question
Paula
all around bummer
Pamela N
I read this in a newspaper yesterday and wondered if now they will take it to the Korean police and then back to US court again? or is that even possible?
