from the the-nuclear-option dept
Well, okay then. We had just been discussing Activision’s silly attempt to DMCA to death a leaked image purporting to be the cover art or marketing material for a new Call of Duty game. The whole thing was idiotic in that once word got around that Activision was trying to bury the leak, it immediately caused everyone to think the image was for a real game, rather than some faked pretend leak, which is a thing that sometimes happens. From there, reporting and reproduction of the image in question went mildly viral. In other words, Activision Streisanded the leak it was attempting to bury. Pretty dumb.
But it turns out that Activision isn’t screwing around. There were some in our comments who posited that perhaps this was some marketing attempt to create virality of the image. That certainly doesn’t appear to be the case, as Activision has issued a subpoena to have Reddit unmask the user who posted the image.
In a filing on February 14, 2020 at a California district court, attorneys acting for Activision requested a DMCA subpoena against Reddit.
“Petitioner, Activision Publishing, Inc. through its undersigned counsel of record, hereby requests that the Clerk of this Court issue a subpoena to Reddit, Inc. to identify alleged infringers at issue, pursuant to the Digital Millennium Copyright Act (‘DMCA’), 17 U.S.C. § 512(h),” the request reads.
“The DMCA Subpoena is directed to Reddit, Inc. Reddit is the service provider to which the subject of the subpoena – Reddit user ‘Assyrian241O’ – posted infringing Activision content.”
At first, it’s hard to see how this makes any sense. Yes, it surely must be annoying to a content creator to have any plans for future content to be upended by a leak. On the other hand, first DMCAing that leak in a failed attempt to bury it, and then going to the lengths of unmasking a Reddit poster is surely the nuclear option when it comes to how to handle a leak of game art.
Except, it seems, this might not be about the Reddit post itself so much as where the leak originally came from.
Contrary to the initial claim, that the user “found this image online”, he or she later confessed to it being sent to them by an “inside source”. That raises the question of who Activision is more interested in – the Reddit user or the person who sent them the image, possibly from inside Activision or a related company.
In other words, this is all looking like an attempt to unmask the leaker of the image, not the Reddit user. Still, these are extreme lengths to go to combat a leak that would have barely been noticed had Activision not gone into legal rage mode.
Instead, the company could have chosen to try to use this all as a marketing opportunity, as comments on the previous post thought they had.