The Entertainment Software Association (ESA) has begun to walk back its strong statements characterizing private game servers as illegal. These remarks, made during a recent California State Senate hearing concerning the proposed Protect Our Games Act, drew criticism for their perceived antagonism towards game preservation efforts.
Initially, ESA vice president Jennifer Gibbons stated that private servers were "illegal" and not affiliated with publishers like Microsoft, raising concerns about their safety standards compared to official servers. In a subsequent statement to PC Gamer, the ESA elaborated that private servers "infringe on the intellectual property (IP) rights of game publishers" and that their operation "without oversight from the publisher" could create an unsafe environment for players.
However, in a follow-up statement provided for "additional clarity," the ESA has narrowed the scope of its concerns. The organization now specifies that private servers which "host or distribute copyrighted game content without authorization" are the primary issue. The addition of the phrase "without authorization" and a softening of language around publishers' rights suggest a less absolute condemnation.
This shift acknowledges that many games feature officially permitted private server functionality, and that some, like the City of Heroes private server Homecoming, operate with explicit permission from IP owners due to their non-profit focus and responsible behavior. The ESA's initial broad statements also overlooked clear examples like Minecraft, where Microsoft provides tools for users to set up their own servers as part of the game's end-user license agreement.
The ESA's past actions, such as lobbying against DMCA exemptions that would allow libraries and museums to provide remote access to games, have led some to view their current stance with skepticism. While the ESA maintains that private servers carry risks, critics argue that this concern is not unique to private servers and that such broad pronouncements may stifle player-driven communities and game preservation initiatives.