Take-Two asks court to seal GTA 6 leak subpoena, saying disclosure could tip off leakers

Take-Two Interactive has asked a court to keep its latest subpoena request in the Grand Theft Auto 6 leak investigation sealed, arguing that revealing the document could help the leakers destroy evidence or evade detection. The publisher's hunt for the person or people behind the recent leaks is described as "rapidly evolving" in newly surfaced court filings.

The publisher previously filed broad DMCA subpoena requests with Discord and Microsoft shortly after the GTA 6 leaks began, seeking business records and investigative data tied to the "cyberleek" persona, as well as detailed information on potentially thousands of users who interacted with certain Discord servers. Subsequent subpoenas seeking similar information were also filed with X and YouTube.

A narrower request

A new filing made on August 28, however, is much more targeted. According to the document, reported by TorrentFreak, Take-Two has identified one additional Discord user and obtained further identifying information for a previously identified user. It also seeks "additional information concerning the community servers identified in its prior subpoena for which it now seeks more targeted information." The publisher states that these additional accounts and servers "are believed to be involved in the same infringing activity as that described in Take-Two's first request."

A footnote in the filing adds that the investigation "is rapidly evolving and ongoing," and that the new subpoena "seeks different information" than the first one, while also providing "additional clarifying information regarding one of the user IDs specified in the first subpoena."

Sealing the details

Unlike the previous subpoena filings, which were public, the details of this latest request are sealed. Take-Two has filed a motion requesting that the seal remain intact, arguing that the document "is not subject to the presumption of public access." Even if it were, the publisher contends, its "countervailing interests" would take precedence because the filing "reveals highly sensitive, confidential information about an ongoing investigation into copyright infringement and the misappropriation of Take-Two's confidential information."

"Public disclosure of this information could compromise Take-Two's ongoing investigation and even tip off the alleged infringers as to the nature and progress of Take-Two's investigation and information Take-Two has gathered about the infringement," the publisher writes. It warns that disclosure would create "a substantial risk that the infringers will delete, destroy, or otherwise conceal evidence of their infringing activities, and/or take further steps to evade identification."

Investigation heating up

The latest move suggests the investigation is intensifying quickly, as the GTA 6 leaks have only been circulating for a couple of weeks. It also indicates that Take-Two is narrowing its focus onto specific individuals, which would make anyone involved in the leaks uneasy.

It is worth noting that Discord's marketing director, Ryan Rigney, said as recently as August 25 that the company had not yet been served a subpoena from Take-Two. That statement may or may not have influenced the language in the latest request. The court has not yet ruled on Take-Two's request for a sealed subpoena, and no new subpoena has been issued so far.

The leak saga began with a massive dump of GTA 6 footage and development material, followed by a chaotic period that included a Netflix showcase and a crowdfunding campaign by the "cyberleek" persona that reportedly raised over $200,000 before collapsing. The leaker now appears to be trying to stay hidden, but Take-Two's increasingly focused legal efforts suggest the publisher is closing in.