Are Call of Duty community servers actually illegal?

That's the ESA lobbyist's stated position — she called them 'illegal' and 'piracy' in the hearing — but it is not a court ruling. Publishers own the IP and can pursue infringement, yet hosting a private server is not automatically a crime, and Mojang's own EULA explicitly permits self-hosted Minecraft: Java servers.

What is the Protect Our Games Act (AB 1921)?

A California bill tied to the Stop Killing Games movement that would push publishers to keep games playable after official servers shut down. It failed to advance out of committee, falling short of the majority it needed.

Why does this matter for Call of Duty players?

CoD relies almost entirely on official servers. When support for an older title eventually ends, community or private servers are often the only way to keep it playable. If publishers can shut those down as 'piracy,' that route disappears.

ESA Calls Call of Duty Community Servers 'Illegal' in Stop Killing Games Hearing

Call of Duty community servers called 'illegal' and 'piracy' by the ESA in Stop Killing Games hearing

By TourneyTime · 11 July 2026

The short version

The Entertainment Software Association (ESA) — the trade body that lobbies for Activision, Microsoft and most of the games industry — told a California hearing that community-run Call of Duty and Minecraft servers are “illegal” and that it “considers it piracy.” The comment landed during a State Senate hearing on AB 1921, the Protect Our Games Act, a bill tied to the Stop Killing Games movement.

What was actually said

The hearing was discussing whether players could keep a game alive on community servers after a publisher pulls the plug. A committee member pointed out that Call of Duty and Minecraft already run on community servers today. ESA vice-president Jennifer Gibbons cut in to say “they’re illegal and they are not in any way affiliated with Microsoft.”

Asked whether this was “like the black market of video games,” Gibbons replied: “Yes. In fact, we consider it piracy. We have pending lawsuits against private servers right now” — adding that the US Trade Representative’s Notorious Markets report on counterfeiting and piracy has named some large private servers.

Why people called it nonsense

The obvious problem: Mojang’s own EULA explicitly lets you host a Minecraft: Java server. Its terms state that buying the game means “you can download, install, and play” it, and for Java Edition “you can install it on a server and host online play.” Critics across the industry piled in, and the ESA later issued a clarifying statement arguing the point was narrower — that servers hosting or distributing copyrighted content without authorisation infringe publishers’ IP rights.

The outcome

The Protect Our Games Act did not make it out of this stage: it failed to secure the majority it needed to advance, with four ayes, three noes and four abstentions. Stop Killing Games has vowed to keep pushing similar bills in other states and “seriously” at the federal level.

Why Call of Duty players should care

CoD leans almost entirely on official servers. When support for a title eventually ends — and with Black Ops 1 and 2 only just resurrected on PS4 and PS5, the shelf-life question is very much live — community and private servers are often the only way to keep an old game playable. If publishers can shut those down as “piracy,” that escape hatch closes.

Sources we check: we cross-referenced this against Dexerto, Kotaku, PC Gamer and VGC, plus the hearing footage shared by the Stop Killing Games channel, before publishing.

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