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NCSoft has granted the 'Private' homecoming server City of Heroes devs a license to host the game legally.
(forums.homecomingservers.com)
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The most interested and able people to run the code would be cut off, and are likely now known by name to the companies legal staff.
It's a random server hosted somewhere in the Midwest vs John and Jacob Smith in Michigan.
But licensing this has literally zero impact on their ability to take action against that random server.
They have the exact same options available to them.
That would imply they actually know where the server is being run and by who without taking legal action.
No it doesn't. This doesn't change that.