The recent California State Senate hearing on the Protect Our Games Act has sparked a significant debate regarding the legality of private Minecraft servers. During the session, Assemblyman Chris Ward was questioned about the viability of maintaining games on private servers if official support were to cease. He pointed out that both Minecraft and Call of Duty have successfully utilized community servers, suggesting that this model is already in practice. However, Jennifer Gibbons, the ESA’s Vice President of State Government Affairs, countered his assertion, declaring these servers illegal and unapproved by Microsoft.
ESA’s Stance on Private Servers
Gibbons emphasized that private servers do not adhere to the safety standards set by Microsoft, which has faced criticism for the existence of these community-run platforms. When asked if such servers could be likened to a “black market” for video games, Gibbons affirmed this comparison, labeling them as a form of piracy. She revealed that the ESA currently has two lawsuits pending against private servers, underscoring their position that these platforms infringe on intellectual property rights.
“Yes, we consider it piracy,” Gibbons stated. “The United States Trade Representative has even identified some of these private servers as notorious markets in their reports on counterfeiting and piracy.”
Community Servers and Minecraft’s Official Stance
Contrary to the ESA’s claims, Minecraft actively encourages players to create and explore third-party servers. The official Minecraft website features multiple pages dedicated to community servers, which are vetted to ensure compliance with established standards. An excerpt from the site reads, “Each server offers its own brand of fun and uniqueness. Find your favorite with our Server List Site, where all listed servers have been reviewed and verified as following our community standards and guidelines.”
In response to the ESA’s claims, IGN provided a link to Minecraft’s community server page, highlighting the game’s endorsement of these platforms. An ESA representative reiterated their position, stating, “Private servers infringe on the intellectual property rights of game publishers. Publishers reserve the right to exercise their rights against them.”
Clarification on Notorious Market Reports
Further analysis from PC Gamer pointed out that the USTR’s Notorious Market Report referenced by Gibbons does not specifically target community servers that allow players to connect with friends. Instead, it focuses on those that enable users to bypass subscription services, such as World of Warcraft, which fundamentally alters the gaming experience.
While the Protect Our Games Act did not secure enough votes to advance, it has been granted a chance for reconsideration. A volunteer from the Stop Killing Games campaign expressed determination on Reddit, stating that the ESA’s claims were designed to mislead legislators. They affirmed their commitment to return with a stronger presence and support from developers and organizations in the next session.
UPDATE: An ESA representative has since issued a revised statement, clarifying that “private servers that host or distribute copyrighted game content without authorization infringe on the intellectual property rights of game publishers.” They reiterated concerns about the lack of oversight and safety standards on these platforms, emphasizing the industry’s commitment to providing a secure gaming environment for all players.
