Exactly, and that also includes online games like Minecraft. Nobody is going to sue Microsoft because of what someone said or did in a private Minecraft server, though they might if it’s a Microsoft hosted one.
If server code is released such that people can run private servers after the official servers are shut down, then legally the people running the servers should be the ones liable for illegal activity that happens on them.
I could imagine third-party companies springing up whose entire business model is JUST providing unofficial servers for discontinued games and moderating them. Maybe a subscription service that provides access to servers for several different online service games.
Of course, it would be more likely that it would be just a player who hosts a server for themselves and their friends and doesn’t attempt to be profitable. That would be fine too.
I could imagine third-party companies springing up whose entire business model is JUST providing unofficial servers for discontinued games and moderating them
That kind of already exists, you can buy hosting for Minecraft and other games. AFAIK, moderation isn’t a part of it, but many private groups exist that run public servers and manage their own moderation. It exists already, and that should absolutely be brought up as a bill is being considered.
We have had that exact model for decades. Hosting companies use to and probably still offer rack space for arena shooters. The main company managed the master server, which was just a listing of IP addresses, but there were only ever a few official game servers with defaults loaded.
Minecraft has private servers (at least on Minecraft java) as well as their own server platform “Realms”, also every client is also a server. Though the authentication system is a Microsoft account so that’s likely to still be online well into the future
I understood that from a IP and trademark stand point. It could be hard to retain your copyright or trademark if you are no longer controlling a product
No, copyright isn’t relinquished from any of that (not even any effect on damages if you still require players to have bought the game to use the private servers), and trademarks wouldn’t be affected at all if you simply require that 3rd party servers are marked as unofficial
And “would leave rights holders liable” is completely false, no game would have offline modes if it did
Exactly, and that also includes online games like Minecraft. Nobody is going to sue Microsoft because of what someone said or did in a private Minecraft server, though they might if it’s a Microsoft hosted one.
The argument there is if a game is left online with no studio to care for it then they believe they would be liable for community content.
I don’t think it applies to offline games at all.
If server code is released such that people can run private servers after the official servers are shut down, then legally the people running the servers should be the ones liable for illegal activity that happens on them.
I could imagine third-party companies springing up whose entire business model is JUST providing unofficial servers for discontinued games and moderating them. Maybe a subscription service that provides access to servers for several different online service games.
Of course, it would be more likely that it would be just a player who hosts a server for themselves and their friends and doesn’t attempt to be profitable. That would be fine too.
That kind of already exists, you can buy hosting for Minecraft and other games. AFAIK, moderation isn’t a part of it, but many private groups exist that run public servers and manage their own moderation. It exists already, and that should absolutely be brought up as a bill is being considered.
We have had that exact model for decades. Hosting companies use to and probably still offer rack space for arena shooters. The main company managed the master server, which was just a listing of IP addresses, but there were only ever a few official game servers with defaults loaded.
Minecraft has private servers (at least on Minecraft java) as well as their own server platform “Realms”, also every client is also a server. Though the authentication system is a Microsoft account so that’s likely to still be online well into the future
Yup, I run a Minecraft server at home, and it’s great. I’d love for more games to do the same.
Only applicable if they run the servers themselves, not if they let others run their own servers.
I understood that from a IP and trademark stand point. It could be hard to retain your copyright or trademark if you are no longer controlling a product
They retain copyright based on existing law, and trademark is irrelevant since it’s defended in courts, not EULAs.
No, copyright isn’t relinquished from any of that (not even any effect on damages if you still require players to have bought the game to use the private servers), and trademarks wouldn’t be affected at all if you simply require that 3rd party servers are marked as unofficial