Community Servers: Piracy?
ESA VP Declares Private Game Servers Piracy, Fueling Game Preservation Debate
Anonymous
Key Points
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During the California hearing, Assembly Member Chris Ward cited that Minecraft and Call of Duty are currently hosted by community servers, and Jennifer Gibbons interrupted to say those servers are illegal and piracy.
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Gibbons tied the piracy claim to two ongoing ESA lawsuits against private servers and to the United States Trade Representative (USTR) Notorious Markets Report as justification for labeling community servers illegal.
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Stop Killing Games volunteers described ESA statements as ranging from misleading to flatly false and signaled plans to broaden lobbying, including bringing developers and players to future hearings and expanding to other states.
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Counterpoint to ESA’s claim: Minecraft is designed to support community-hosted servers, and Microsoft provides official server tools publicly, underscoring a disconnect between the ESA’s stance and how the game ecosystem operates.
The Entertainment Software Association told a California Senate committee this week that private Minecraft servers are "illegal" and "piracy" — a claim that stunned gaming advocates and drew ridicule from major outlets IGN. The statement came during a June 29 hearing on AB 1921, the Protect Our Games Act, which would require publishers to keep games playable after official servers shut down.
The bill failed to advance out of committee on June 30, falling short of the six votes needed with a 4-3-4 split, according to Game Rant. Stop Killing Games, the consumer group behind the push, called the result a setback — but vowed to return in 2027 with more resources.
ESA Calls Community Servers a "Black Market"
During the June 29 hearing, Assembly Member Chris Ward pointed to Minecraft and Call of Duty as examples of games already kept alive by community-hosted servers. ESA Vice President Jennifer Gibbons interrupted him. She said those servers are "illegal" and amount to piracy, according to IGN. She also called them a "black market."
Gibbons tied the claim to two ongoing ESA lawsuits against private server operators. She also cited the U.S. Trade Representative's Notorious Markets Report — a list normally aimed at large-scale piracy platforms — as justification, IGN reported. Critics noted that report typically targets servers that bypass payments, not community tools.
Microsoft Gives Away the Exact Software ESA Called Illegal
The ESA's claim has a glaring problem. Microsoft officially publishes free server software on the Minecraft website. It is specifically designed to let communities host their own private servers. Mojang built this feature into the game on purpose. The ESA's blanket label of "illegal" ignores that the developer actively supports the practice.
PC Gamer called the ESA's statements "nonsense." Kotaku called them "bizarre." Stop Killing Games volunteers said the testimony was "designed to scare busy legislators" with misleading claims, according to IGN. While some "cracked" servers may involve actual piracy, the ESA made no distinction between those and legitimate community hosting.
Bill Passes Assembly 43-16, Then Stalls in Senate
AB 1921 had real momentum before the Senate committee. It passed the full California Assembly on May 27 with a strong bipartisan vote of 43 to 16. The bill would have required publishers to give 60 days' notice before shutting down game servers. It would also require them to offer an offline patch, server tools, or a full refund.
The Senate committee vote was 4 Yes, 3 No, and 4 Abstain — far short of the 6 needed to pass, according to Game Rant. The four abstentions were the deciding factor. The committee did grant "reconsideration," meaning Assembly Member Ward can amend the bill and try again. A target effective date of January 1, 2028 remains on the table.
Zero-Dollar Campaign Eyes 2027 Return and Other States
Stop Killing Games ran this entire legislative push with no funding — $0, by their own account. They view the 43-16 Assembly win as proof the argument works. Volunteers plan to return in 2027 with in-person game developers, professional lobbyists, and players to testify alongside them, according to IGN.
The campaign is also looking beyond California. Leaders have signaled plans to introduce similar bills in Washington and New York. A federal push, possibly involving the FTC, is also under consideration. The ESA represents an industry worth over $200 billion annually. The fight is lopsided — but the movement says the Minecraft moment proved the ESA's arguments can backfire.
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