The Entertainment Software Association (ESA) has asserted that private Minecraft servers constitute illegal piracy and infringe upon the intellectual property rights of game publishers. These claims were made during a California State Senate hearing concerning the Protect Our Games Act, legislation aimed at ensuring games remain playable even after official server support ends.
During the hearing, Assemblyman Chris Ward cited community servers for games like Minecraft and Call of Duty as existing examples of how games can continue to be accessible. However, Jennifer Gibbons, the ESA's VP of State Government Affairs, disputed this, stating that such servers are not officially sanctioned and are, in fact, illegal. Gibbons equated these private servers to a "black market" and confirmed that the ESA considers them piracy, noting two pending lawsuits against private server operators. She also pointed to the United States Trade Representative's Notorious Markets Reports, which have identified some large private servers as notorious markets for counterfeiting and piracy.
This assertion from the ESA contradicts Minecraft's own official stance. The game's website actively encourages players to set up or find third-party servers, providing a "Server List Site" where all listed servers have been reviewed and verified to adhere to community standards and guidelines. When presented with this information, an ESA representative reiterated that private servers "infringe on the intellectual property (IP) rights of game publishers" and raise concerns regarding a publisher's ability to enforce their IP. The ESA also expressed concern that these servers operate without publisher oversight, potentially failing to uphold trust and safety standards and creating an unsafe environment for players.
Further context from PC Gamer suggests that the USTR's Notorious Markets Report, referenced by Gibbons, primarily targets servers that allow users to bypass subscription requirements for games, such as in the case of World of Warcraft, rather than casual community servers for playing with friends. These reported servers circumvent core game mechanics, unlike extensions of the existing experience.
The Protect Our Games Act did not initially pass but has been granted reconsideration. A volunteer with the Stop Killing Games campaign stated on Reddit that the ESA's claims were intended to mislead legislators unfamiliar with the details. The campaign plans to return with a more robust in-person lobbying effort in the next session, aiming to counter such claims with direct input from developers and players.