During a recent California State Senate hearing concerning the proposed Protect Our Games Act, Jennifer Gibbons, the Entertainment Software Association's (ESA) VP of State Government Affairs, asserted that community-run servers for popular titles such as Minecraft and Call of Duty are illegal and constitute piracy. This statement came as Assemblyman Chris Ward was discussing the feasibility of privately hosted servers for ongoing game access after official support ends.
Ward highlighted the existence and utility of community servers for Minecraft and Call of Duty, noting that they provide players with options for continued play. Gibbons, however, interrupted to state, "They're illegal." She elaborated that these servers are not affiliated with Microsoft, the publisher of Minecraft, and suggested that Microsoft faces criticism for not enforcing the same safety standards on community servers as they do on their own. When questioned by a committee member if private servers resemble a "black market," Gibbons responded affirmatively, equating them to piracy and mentioning pending lawsuits against such servers. She also noted that the United States Trade Representative (USTR) has identified some large private servers as "notorious markets" in its reports on counterfeiting and piracy.
However, PC Gamer pointed out that the USTR's Notorious Markets Reports specifically target servers that bypass subscription fees, a distinction that does not apply to Minecraft or Call of Duty on PC, where online play often does not require a subscription.
The ESA has previously voiced opposition to the Stop Killing Games and Protect Our Games Act. ESA President and CEO Stan Pierre-Louis published an opinion piece arguing that the bill misunderstands games and undermines the very aspects it aims to protect, such as live, connected experiences. Critics have questioned the ESA's stance, contrasting their opposition to game preservation initiatives with their past lobbying against bans on loot boxes and pay-to-win microtransactions in games for minors. Public records indicate that the ESA, a non-profit organization, generated substantial revenue in the fiscal year ending March 2025, largely from member dues paid by major industry players like Electronic Arts, Microsoft, Nintendo, and Sony Interactive Entertainment. A significant portion of their expenditures, totaling over $35.5 million in the same fiscal year, was allocated to lobbying efforts, compensation for executives, and salaries.
This opposition to community servers and preservation initiatives mirrors efforts by similar industry groups, such as Video Games Europe, which also lobbied against regulations in the European Union.