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'This Is Borderline Evil' - Minecraft Creator Calls Out ESA for Labeling Private Servers 'Illegal'

01/07/2026 · 2

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Minecraft creator Markus 'Notch' Persson has criticized the Electronic Software Association (ESA) after it claimed that the game's private servers are 'illegal.'

Earlier this month, the California State Senate held a hearing on the Protect Our Games Act, a bill backed by the Stop Killing Games initiative. The bill would require publishers to ensure games remain playable even after support ends, meaning live-service games would need some functionality post-server shutdown. Private servers were suggested as a viable solution, with Minecraft cited as a prime example. However, ESA Vice President of State Government Affairs Jennifer Gibbons countered with a puzzling argument, claiming private servers are 'illegal,' a form of 'piracy,' and, in Minecraft's case, unauthorized by Microsoft. She even compared them to a gaming 'black market.' These claims are false for Minecraft, as its official website provides tools for creating private servers and features a browser full of custom servers—activity actively encouraged by Mojang.

Notch, who no longer works on the franchise, spoke out against the ESA's comments. 'I'm not part of either anymore, but I feel like the ESA is being incredibly scummy by pulling this,' he said. 'I've never liked them, but even less so now. I did not wish for my work to be used against people. This is borderline evil.'

The ESA later provided IGN with two statements, one reaffirming Gibbons' comments and another softening them. The updated statement walks back some of the definitiveness: 'Private servers that host or distribute copyrighted game content without authorization infringe on the intellectual property (IP) rights of game publishers. While publishers may take different approaches, all publishers reserve the right to exercise their rights against IP infringement. 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.'

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