The Entertainment Software Association (ESA) has stirred controversy by labeling private community servers for games like Minecraft and Call of Duty as 'illegal' and comparing them to a 'black market' during a US Senate committee hearing. The comments came during a session on the Protect Our Games Act, a bill aimed at ensuring paid games remain playable offline after developer support ends.
ESA Vice President's Statement
On Monday, the Senate committee convened to discuss the Protect Our Games Act, which ultimately failed to pass a vote. During the meeting, Jennifer Gibbons, ESA vice president of State Government Affairs, responded to a question about private and community servers. She stated: 'They're illegal, and 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.'
When asked if these servers should be considered a black market, Gibbons replied: 'Yes. In fact, we consider it piracy.' She added: 'We have two pending lawsuits against private servers right now, and the United States trade representative in their Notorious Markets reports on counterfeiting and piracy has named some of these big private servers as a notorious market.'
Context of Private Servers in Minecraft
Minecraft has long allowed players to host private servers, enabling online play with friends outside Microsoft's official Realms service. Community servers like Hypixel, which launched in April 2013, have attracted over 25.7 million unique players. These servers offer mini-games and experiences not available on official platforms, but the ESA argues they operate without publisher oversight.
ESA Clarification
Following the hearing, the ESA issued a statement to VGC clarifying Gibbons' remarks: 'The ESA representative was responding to a complicated, multi-part question in which the committee was using the terms 'community server' and 'private server' interchangeably. Private servers that host or distribute copyrighted game content without authorization infringe on the IP rights of game publishers. While publishers may take different approaches, all publishers reserve the right to exercise their rights against IP infringement.'
The statement continued: '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 gameplay for all players.'
Implications for UK Players
Currently, the ESA's comments do not affect Minecraft players in the UK, where hosting and joining private servers remains legal. However, the discourse signals increasing regulation of video games. Last month, the UK government announced a social media ban for under-16s set for spring 2027, which may extend to gaming services. As US political debates often influence UK policy, similar conversations may emerge in the near future, especially given the government's focus on online safety for minors.
