Saturday, July 20, 2024

HYBE’s lawsuits fail, despite widespread mockery of BTS and NewJeans

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Entertainment agency HYBE has repeatedly suffered setbacks in its legal actions against “cybernauts” who spread rumors about its artists. As reported in legal circles, HYBE’s request for disclosure was denied in the U.S. District Court for the Northern District of California on June 28.

In fact, Judge Vince Chhabria acknowledged that HYBE’s request met the basic requirements of Section 1782, but he did not grant the disclosure request. The court found that individuals’ use of the U.S. legal system to obtain personal information constituted an abuse of the system.

Judge Chhabria noted that investigations are usually conducted by investigative agencies, not victims, which confirms the Korean police’s passivity towards HYBE’s complaint. He also added that if Korean investigative authorities request the disclosure of information, they can do so in accordance with the U.S.-Korea treaty.

Remember, HYBE has already announced its intention to take extensive legal action against cybercriminals who spread false information and rumors about its artists. This specific disclosure request targeted an X user named “Guilty Archive,” who posted negative comments toward BTS.

Last May, HYBE filed a complaint with the Seoul Yongsan Police Station against Guilty Archive, accusing it of spreading false information about BTS’s alleged involvement with Dahnworld, as well as the disbandment and launch of girl group GFRIEND. A debate then ensued over whether Guilty Archive’s comments constituted misinformation or legitimate criticism.

HYBE's legal action fails, despite widespread mockery of BTS and NewJeans K-Sélection

More importantly, similar disclosure requests from HYBE regarding YouTube channels “Issue Feed” and “Short Chajang” were also denied on June 5 for reasons similar to those in the Guilty Archive case. However, legal action against online trolls who tarnished the reputation of the NewJeans group has continued, albeit facing difficulties. Meanwhile, ADOR’s legal affairs are being handled by HYBE.

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The legal community reported that HYBE requested information from Google regarding the “7th Grade Middle School” YouTube channel, which Google refused to do. The “7th Grade Middle School” operator had previously mocked HYBE, claiming that it was only using a telecom company’s IP address and had not lived at the registered address during the requested period in October of last year.

They suggested that they could not be discovered with the help of Google. After posting sarcastic comments on HYBE, 7th Grade deleted the channel on its own, without any legal action. The document submitted to the US federal court also appears to be an almost direct copy of Sojang’s request for disclosure of information.

HYBE's legal action fails, despite widespread mockery of BTS and NewJeans K-Sélection

HYBE’s subsequent failures in its legal actions have not satisfied some fanbases, including ARMY, BTS’s fan base, who have recently expressed their frustration.

One fan said: Despite hours of fans sending thousands of PDF files, the agency never mentioned the DC Inside BTS exhibit in its legal notices. After more than 10 years of “trials,” neither fans nor many opponents believed the agency’s legal opinions, which led to the spread of rumors about the members.

Lawyer Jung Kyung-seok of LIWU Law Firm, who successfully identified the person behind the “Sojang” channel, said: Disclosure requests filed in US courts by foreigners are closely linked to domestic trials, and even if all legal requirements are met, the judge still has discretion, which requires a careful approach. There are many variables and considerations, such as changing or removing the channel name before and after filing the disclosure request, which makes the process very arduous.

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HYBE's legal action fails, despite widespread mockery of BTS and NewJeans K-Sélection

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