If there is a game there will always be someone making there version of it. Most private servers come from games that have lost there main attractions. Let me give you two examples, Silkroad Online and Runescape.
Silkroad was a great triangle job game(I hope I said that right) basically meaning that there are 3 jobs, thieves, hunters, and merchants. The merchants try and travel to other places, hunters protect them and get rid of thieves, the the thieves thieve. Sadly servers started to get very crowded but the game makers keep making new ones every two weeks but again they got filled fast, we found out that goldbots were invading Silkroad(programs that do the work for other people). At first Silkroad Developers got rid of all the bots periodically but now they are everywhere in obvious places but they don't get banned. Meaning either the game makers don't care about there game anymore or they are too dumb to notice something right in there faces. In private servers I see they completely despise bots and all someone has to do in comment on the "reports" section of a forum about the bot and there name and they get banned. Though not instantly, someone goes to check on them, a moderator, administrator, or the owner themselves if they are on. When they confirm that it is a bot(by seeing the same behavior over and over without a pause)then they are banned. So I think private server owners care more about there games then the original game owners.
Now for Runescape, wow what did they NOT do wrong. The main attraction was something called the wilderness a place where people can fight against each other for all they have on them. When they got rid of it they lost A LOT of players, if I remember they hit about a million every weekend and about 3/4 of that weekdays. Now there lucky to get 100,000 every weekend. They tried again by making PvP worlds, meaning a whole world that people can fight each other. It has good effect, a fair amount of people came back. They do add things every month which is good. Although they then changed how people traded. People use to gather around an area and say what there selling and if someone felt like buying they walk up to them and buy it, person to person. Now they get something called the Grand Exchange, you put what you want to sell and how much and just put it into the system, for someone to buy. Not that bad because it helps you too, just click on what you want to buy and for how much and just go do what you do and you will get an alert that your item has arrived. But we lost the want to communicate with other people and make a deal about a sale, those places that people go to sale are now empty, and when you go to the Grand Exchange people barely talk. Then they put a cap on the limit of trading, meaning if you want to trade something you have to give something in about an equal amounts. This ended the chance for newer players to get free stuff from other people, and in those times people were very generous. They sometimes give away there own items to new players or buy things for them but it ended when that cap came in. In private servers I played, there is no grand exchange but no trade cap either.. The server I play even makes there own items to sell, they work 24/7 and moderators and administrators try al ot to make the playing environment for players fun.
So what I'm saying is I think the private server owners work harder and want the players opinion on how the game should be made. They don't have all the money to easily make a server from scratch so thats why they try harder to keep it running and bot free. They try to get people to join and donate to them because they think the game is great. So I believe that if your saying private servers should be illegal think about this, if they are losing there business to "mockery" servers then I don't think there doing a good job with there own servers in the first place.
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