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.
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.