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Depends on who is being asked to pay for it I suppose.
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I imagine it would need to be negotiated between the two. Doesn't seem like Publisher jurisdiction.
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It's the publishers money, and it's their game. The answer is yes, Activision controls what servers the game have. All Bungie can do is get on their knees and beg for servers while they get whipped in the back and told no.
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Edited by CarnivalLaw: 9/7/2015 8:07:13 PMRather incredible that they climbed into bed with Activision, and the gave away all control. Edited for a typo.