

In this case they’re trying to sue the government itself which has sovereign immunity, not qualified. Congress passed a law that allowed some channels past that sovereign immunity but the courts have been very conservative as to how it’s interpreted. That’s the federal torts claims act. One of the key things it doesn’t cover is intentional torts. So if someone though negligence hit you in the mouth and knocked the teeth out, you can sue. If, by contrast, they did it through malice and battery you cannot but you can break through their personal qualified immunity if you could prove malice. Good luck
I’m speaking from ignorance but isn’t the server backend often licensed and they couldn’t release it if they wanted, even as binaries? Granted, going forward they’d have to make those considerations before they accept restrictive licenses in core parts of their game. And the market for those licenses will change accordingly. So there core of your argument is correct.