California law, inspired by Ubisoft & Sony, requires retailers to warn customers that digital games purchased can be taken back at any time.
A new California law that will take effect in 2025 prohibits sellers from using terms like "buy" and "purchase" when referring to digital goods, such as movies, books, or videogames, unless they give a "clear" and "conspicuous" warning to the consumer that these goods could be taken at any time.
The law, AB2426, expands on existing laws against false advertisement by restricting any terms that "a reasonable person could understand to confer unrestricted ownership." To make sure people understand that digital possession is not ownership, sellers must either receive "an acknowledgment affirmative from the purchaser" during the transaction or, and this is the more practical option, place a warning on relevant products.
Assemblymember Jacqui irwin, who sponsored the bill, told Game File that Sony's plan to remove Discovery content from its PlayStation store due to expiring licenses initially motivated her to take action. The shows would no longer be available to purchase, and those who already bought them would lose their access. Sony reversed its decision, but it was too late: Irwin had introduced the bill back in February.
Ubisoft convinced her two months later that it was the right decision when it revoked licenses for The Crew, a racing game. The Crew sales had already been stopped in December 2023. However, the game, including its singleplayer component, was dependent on remote servers. These went offline in April. This rendered the game unplayable for anyone who owned it. Ubisoft wanted to make sure that no one tried to DIY a fix to get it running again.
Irwin stated that "Ubisoft’s actions with The Crew highlighted just how widespread the issue is."
The new law is dense, dull and a bit confusing, but it is clear that California vendors will not be allowed to use the traditional "buy my stuff", verbiage, in relation to digital products, unless certain conditions have been met:
- The "clear and conspicuous warning
- The digital item in question is free
- The digital products offers a "permanent download to an external storage device to be used without connection to the Internet
This last point is most important to gamers. It's all very well to have a warning label, but that doesn't mean that a game can be taken offline at any time. A proper offline mode allows us to continue playing even if the remote servers go offline. This is a much better outcome than being told "Hey, You were warned."
Ubisoft has taken this approach with the newer games of The Crew series. Ubisoft promised that offline modes would be added to The Crew 2 as well as The Crew Motorfest after the failure of The Crew Takedown. This was to "ensure long-term access to both titles." Multiplayer games will not have this option, but they are exempt from the law if they are free to play.
GOG, the digital storefront, never misses an opportunity to remind players of its raison d’être.
"When we said that we let you own your games, we meant no matter what happens - whether it's licensing problems, storefronts closing down, or a zombie apocalypse that cuts off your Internet - you'll still be able play them thanks to the offline installers," posted it on X. "We want to make sure that your gaming legacy will always be in your hands and not ours."
It remains to be seen what impact this new legislation will have. The law is a California state law which limits its application, but its success in California may inspire other states to adopt similar laws. It's just another piece on a box, and it relies on the consumer's attention (and, let's face it, self-control), to be effective. It won't stop games from disappearing. But it will give the companies who do so an extra layer of protection. Is this a cynical view? Maybe. When was the last time that you read the terms and conditions of a new game, before clicking the "accept" option?
California AB 2624 has been signed by Governor Gavin Newsom. It will take effect on 1 January 2025.
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