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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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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.