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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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Still probably better than slapping them with a lawsuit.
Not to say I wouldn't prefer they just put the leaked source code under the GPL or something. But it's better than just being assholes because they can.
It is possible NCSoft is getting something out of this, though. More control over how third-party servers do things or some such.
They gain some protection for the brand and retain the trademarks associated with it by licensing instead of ignoring, and get this for free vs the ongoing expense in private server whackamole.