Take-Two files sealed second Discord subpoena in GTA VI leak hunt

Take-Two has filed a second DMCA subpoena request against Discord in its search for the people behind the recent GTA VI leaks. This one is narrower than the first, and the publisher asked for it to stay sealed. TorrentFreak first reported the filing, dated August 28. According to an update from PC Gamer, Judge Andrew L. Carter has already granted it.

In the filing, Take-Two says it "has identified one additional Discord user and obtained additional identifying information for a previously identified Discord user." It now wants more targeted information about the community servers named in its first subpoena. A footnote calls the investigation "rapidly evolving and ongoing" and says the new request asks for different information and clarifies one of the user IDs from the first one.

Why it is sealed

Take-Two's earlier subpoena filings were public. This time the publisher argued that the document "reveals highly sensitive, confidential information about an ongoing investigation into copyright infringement and the misappropriation of Take-Two's confidential information." Making it public, the filing says, could "tip off the alleged infringers" and lead them to delete or hide evidence. TorrentFreak reports that the targets of the new subpoena are fully redacted.

Judge Carter wrote that "the court finds good reason to issue an order directing the clerk to issue said subpoena." He acknowledged the sealing request filed by attorney Dale N. Cendali and said the subpoena will be issued "as sought by the petitioner." PC Gamer reads this as a sign that the seal will be granted too. GamesRadar+ and Eurogamer published their reports before the ruling, when the request was still pending.

Discord and the first subpoena

Take-Two drew criticism for how wide its first Discord subpoena was. Eurogamer says it covered hundreds of thousands of users across several servers. Discord had said it would "evaluate the validity and scope before responding" if served. As recently as August 25, Discord marketing director Ryan Rigney said the company had not yet been served by Take-Two.

Discord is not the only platform involved. Take-Two has also filed subpoena requests with Microsoft, asking for records from its internal investigation of the "cyberleek" persona "sufficient to identify the user(s)", and later with X and YouTube. Also on August 28, it withdrew its request with Google, saying the situation "has been (and is) evolving rapidly as new information becomes available."

The leaks

The leaks stopped shortly before Netflix's extended GTA VI gameplay showcase. The leakers are believed to have used the footage to pump a crypto token. Eurogamer puts their payout at about $270,000, and PC Gamer says "Cyberleek" made more than $200,000 in a rug pull.

With the subpoena granted, the clerk will issue it, and Discord will then have to decide how to respond.