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For context, I am part of a LGBTQ+ Minecraft community who ran a Minecraft server catering to adults in the kink community.

Recently, without warning our server was blacklisted by Mojang. Apparently one of the mods we were using violated their EULA or Terms, though trying to find out what that was that they had issue with was near impossible, and they refuse to tell the mod creator what they need to fix in order to use the mod. Their official response when asking about other servers running the mod was

If a server or social community is discoverable or reported to us then we will investigate and take appropriate action based on our EULA and usage guidelines.

Is there a way, to ensure they cannot take legal action? For example, any sort of disclaimer that could be added to the Discord so that anyone coming in is confirming they are not a Mojang or Microsoft employee or anyone working with said company?

Basically the TL:DR, is there a way to operate a server for Minecraft that can remain usable, even if say Mojang might get a report about it? I feel like because of their lack of information regarding what happened is them singling out our LGBTQ+ community, since I know Notch is known for being a bit bad in that respect and maybe that is further through Mojang even after he left?

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  • Why do you think "whitelisting behind a private Discord" per the title has anything to do with "escaping" the EULA?
    – Azor Ahai -him-
    Nov 18, 2022 at 19:40
  • Because Mojang said if it's not discoverable, or reported, this "discoverable" means behind a word of mouth only discord that has verification and whitelisting for the server so that you need to be whitelisted to see the server information should qualify. I'd not be as upset if I didn't know about other mods that are truly "adult" in nature that still exist and haven't been taken down or targeted which is why I think what I do about their motives for this.
    – Kevin
    Nov 18, 2022 at 19:50
  • Ah, so you are trying to avoid your server being reported?
    – Azor Ahai -him-
    Nov 18, 2022 at 19:52
  • That would be ideal. I don't disagree that the servers using the mod may be violating the EULA or Terms of Service but as of right now, I have not been made aware of the exact reason, and their saying "sure you can do it, just don't get caught" is a horrible message from Mojang that both says do and do not do the thing. I just don't see how they can enforce when to gain access to the server requires them to verify can't I have my own terms stating that anyone wanting to gain access to the whitelist is confirming they have no affiliation with Mojang and it's partners? To get around any report?
    – Kevin
    Nov 18, 2022 at 20:26
  • I'm not a lawyer, so I can't really answer any of your questions. But what are you proposing your recourse would be if someone you whitelist lies about being tied to Mojang/Microsoft? Do you want to sue them?
    – Azor Ahai -him-
    Nov 18, 2022 at 20:28

1 Answer 1

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Yes, Mojang has its rights under the EULA everywhere

By agreeing to the EULA, you agreed to the EULA.

You didn’t agree to the EULA “but not if …”. You agreed.

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