Earlier quoted context omitted.
No. Email is private messaging. If you send email to me and then delete it in your end, I'm allowed to store your email as a whole (sometimes legally obliged).
And if I send an email to 200 recipients they can all store it, I don’t see the fundamental difference for discord TBH
On discord there are no 200 individual "they" storing it. It's stored by discord. (Or I guess people could be manually logging their own chats, but that's not the issue at hand here.)
At first pass it might sound like some minor technical squabble about implementation details, but there is intentionality in design decisions. The legal system can not be blind to those.
Discord chose a design that put them in control of the data. I'm not saying the highly centralized nature of their design is bad, wrong, or wasn't the best choice for the product they want to build. What I am saying is that when the legal system looks at the nature of a product, it has to look beyond what's presented in the pretty UI and marketing materials. It will look at the business' processes too.