ESA Labels Community Game Servers “Illegal” in Protect Our Games Hearing

At a California state senate hearing, the Entertainment Software Association (ESA) pushed back hard on community-run game servers, calling them “illegal” in remarks tied to the Protect Our Games act. The comments referenced popular titles like Minecraft and Call of Duty, even though Minecraft is known for offering players ways to host and manage their own servers.

Quick facts

• The ESA described community game servers as “illegal” during a California senate hearing.
• The discussion centered on the Protect Our Games act introduced by California State Assemblymember Chris Ward.
• Ward argued that private servers can help games remain playable after official support ends.
• ESA Vice President for State Government Affairs Jennifer Gibbons said the servers aren’t affiliated with Microsoft and don’t use the same safety measures.
• Gibbons claimed the ESA views these servers as piracy and referenced ongoing legal action involving private servers.
• Gibbons also said the U.S. Trade Representative flagged “some of these big private servers” as a notorious market.
• A group of four gamers is pursuing a class action lawsuit against Sony Interactive Entertainment over alleged consumer misinformation.

The ESA’s position landed during a California Senate hearing focused on proposed protections for games, where Assemblymember Chris Ward brought the bill forward to the chamber. Ward’s key point was that letting players run private servers can extend a game’s lifespan, especially when a developer or publisher stops maintaining the official services.

To ground that argument, Ward pointed to Minecraft and Call of Duty as examples of games that already rely on community server ecosystems. ESA Vice President for State Government Affairs Jennifer Gibbons interrupted at that moment and labeled those servers “illegal,” setting up a direct clash between the bill’s goal and the ESA’s interpretation.

Gibbons then elaborated on why the ESA believes these community options shouldn’t be treated as legitimate alternatives. She said the servers in question are not connected to Microsoft, do not follow the same safety standards, and fall under what the ESA considers piracy.

She also pointed to legal disputes already in motion, citing two pending lawsuits aimed at private server operators. In addition, she claimed the United States Trade Representative has characterized “some of these big private servers as a notorious market,” framing the issue as larger than individual cases.

Outside the hearing room, the dispute is spilling into the courts from another direction: a set of four gamers is attempting to file a class action lawsuit against Sony Interactive Entertainment. Their stated aim is to challenge what they describe as misleading consumer information connected to the company.