ESA calls private Minecraft servers illegal piracy at Stop Killing Games hearing

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The ESA has made the head-scratching claim that private Minecraft servers are "illegal," arguing that they're considered a form of "piracy" in a recent hearing.

During a California State Senate hearing over the Protect Our Games Act (a Stop Killing Games bill that would force game publishers to ensure games remain playable if servers are shut down), Assemblyman Chris Ward was questioned by the committee about how feasible it would be to keep games running on private servers if official support concluded. Ward noted that both Minecraft and Call of Duty utilize community servers, meaning it's a solution that already exists in some cases.

However, ESA’s VP of State Government Affairs, Jennifer Gibbons, objected to his claim and stated that these are not officially sanctioned servers. In fact, according to Gibbons, they're illegal.

“They’re illegal,” Gibbons responded. “They are not in any way affiliated with Microsoft. Microsoft, for Minecraft, has gotten a lot of criticism because of those community servers not employing the same safety standards that Microsoft does on their Minecraft servers.”

Gibbons was asked by a committee member if private servers are akin to a "black market" for video games, and Gibbons answered yes. The ESA executive went on to state that they even consider these servers as "piracy" and have lawsuits pending against private servers right now.

“Yes," said Gibbons. "In fact, we consider it piracy. We have lawsuits, two pending lawsuits, against private servers right now, and the United States Trade Representative (USTR) in their Notorious Markets Reports on counterfeiting and piracy has named some of these big private servers as a notorious market.”

To be clear, in the case of Minecraft, this isn't true. Minecraft has multiple pages on its website where it encourages players to set up their own servers or browse third party servers. These servers are also verified and approved by Minecraft's team to ensure they follow standards and guidelines.

"Each server offers its own brand of fun and uniqueness," reads an excerpt about community servers on Minecraft's website. "Find your favorite with our Server List Site, where all listed servers have been reviewed and verified as following our community standards and guidelines."

IGN sent the ESA a link to this page and noted that it was encouraged by the Minecraft team when requesting a comment. An ESA representative responded with the following:

"Private servers infringe on the intellectual property (IP) rights of game publishers. Publishers reserve the right to exercise their rights against them. The provision in CA AB 1921 that proposed these servers as a legitimate alternative to keep games running raises concerns about a publisher's ability to enforce their IP rights. In addition, private servers operate with no oversight from the publisher and do not uphold the same trust and safety standards. This could create an unsafe environment for players and be counter to the industry's commitment to fostering safe and fun game play for all players."

PC Gamer also noted that the UTSR's Notorious Market Report referenced by Gibbons doesn't specifically single out random community servers so players can play with friends, but rather ones that allow users to bypass games that require subscription services, such as World of Warcraft. Those servers allow players to get around a key piece of the game, rather than serving as an extension of the exisiting experience.

Ultimately, the Protect Our Games Act did not receive the necessary amount of votes to move forward, but it was granted a reconsideration, so it still has another chance to make its case. A Stop Killing Games campaign volunteer took to Reddit to address the situation, noting that "every one of these claims was designed to scare a busy legislator who does not have time to fact-check a well-dressed lobbyist in real time.

"It worked just well enough this round," they continued. "It will not work when we are standing in the same room, with developers and players beside us, ready to answer every single claim as it happens. Here is what happens next. We are not stopping. Not even close. Next session, we come back with an in-person lobbying presence, the funding to do this properly, and a long list of organizations and developers signed on in support."

Cade Onder is a freelancer for IGN's news team. He covers all things entertainment, including gaming, film, and more. You can find him on Twitter @Cade_Onder.