In November 2023, the publisher of smash-hit videogame Genshin Impact obtained a DMCA subpoena hoping to identify who was behind the leak of unreleased artwork on Elon Musk's X platform. X Corp. challenged the subpoena, citing the user's anonymous speech rights under the First Amendment. In an order published this week, a district court judge denied X Corps' motion to quash, in theory exposing the alleged leaker's identity to Cognosphere.
Accordingly, an author’s decision to remain anonymous, like other decisions concerning omissions or additions to the content of a publication, is an aspect of the freedom of speech protected by the First Amendment.
US Supreme Court, McIntyre v. Ohio Elections Commission (1995)
A quick skim says anonymity is protected under it, with exceptions. Mostly for criminal acts. Particularly here, if the leaked artwork falls under "intellectual property" then the exception applies and anonymity isn't protected.
Back in the day, journalists went to prison to protect their sources. It was considered a rite of passage or a badge of honor. I highly doubt anyone at Twitter is willing to go to prison for their sources.
As much as I dislike twatter, for once I agree with them as I'm a firm believer people should be able to leak things as minor as concept art or unused game art.
So are they now a publisher? It seems they want to have it both ways.. you are either a platform provider and not responsible for the content.. or you are. Want to protect people .. be a publisher with everything that comes with that.
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X Loses Battle to Protect Genshin Impact Leaker's First Amendment Anonymity | Spyke
US Supreme Court, McIntyre v. Ohio Elections Commission (1995)
More:
https://epic.org/issues/democracy-free-speech/anonymity/
A quick skim says anonymity is protected under it, with exceptions. Mostly for criminal acts. Particularly here, if the leaked artwork falls under "intellectual property" then the exception applies and anonymity isn't protected.
It's not mysterious, it's just capital
Under what circumstances does the first amendment guarantee anonymity?
Back in the day, journalists went to prison to protect their sources. It was considered a rite of passage or a badge of honor. I highly doubt anyone at Twitter is willing to go to prison for their sources.
As much as I dislike twatter, for once I agree with them as I'm a firm believer people should be able to leak things as minor as concept art or unused game art.
So are they now a publisher? It seems they want to have it both ways.. you are either a platform provider and not responsible for the content.. or you are. Want to protect people .. be a publisher with everything that comes with that.