BigHit Moves to Litigate Against a BTS Album Leaker

Photo Credit: BTS / BigHit Music

BigHit Music files a petition in U.S. court to force Elon Musk’s X to reveal the identity of a user who allegedly leaked BTS’ comeback album, ARIRANG.

BTS label BigHit Music, a subsidiary of South Korean entertainment giant HYBE, has filed a petition in U.S. court in order to force Elon Musk’s X (formerly Twitter) to reveal the identity of an anonymous user who allegedly leaked songs and artwork from BTS’ comeback album prior to its release in March.

It’s a tactic designed to use the unmasked identity to file a civil lawsuit in South Korea for copyright and trade secret infringement. The company argues that the leak destroyed the “element of surprise” and negatively impacted the album’s market impact and sales.

“BigHit and BTS invest extensive resources into planning and executing the most effective release of albums, songs, lyrics, and associated material as possible, so as to have the greatest possible impact on potential listeners and the market when the media are released,” the filing reads. “The leak of BTS’ album destroyed the element of surprise that applicant was building up towards its release, negatively impacting its reputation and sales.”

In fact, it’s not the first time HYBE has utilized this strategy. The company has used U.S. subpoenas to bypass the anonymity of American social media platforms, allowing them to pursue legal action (copyright infringement, defamation) against online leakers and commenters under South Korean law.

BigHit and HYBE are also pursuing anonymous bootleg BTS merch sellers, specifically through a federal lawsuit filed in Florida against “John Doe.” The goal is to secure a court order allowing law enforcement and company agents to seize and destroy counterfeit merchandise at BTS’ upcoming U.S. tour dates, beginning in Tampa.

According to the filing, inferior quality unauthorized goods damage the group’s reputation and deprive the artists of royalties. They cite similar successful seizures during BTS’ previous tours in 2019 and 2021.

The news follows Live Nation subsidiary Merch Traffic filing a similar trademark infringement lawsuit on behalf of Bruce Springsteen & The E Street Band, asking for a temporary restraining and seizure order ahead of their April 20 show in Newark to crack down on counterfeit merch.