Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This position was articulated as the company moved to dismiss a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to shut down the original racing game in the previous year.
Launched in 2014, The Crew is no longer playable in any form. Whether players possess physical or digital copies, the game became inaccessible when its servers were completely shut down at the end of March 2024.
In contrast, Ubisoft took steps to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play for those titles, but no such efforts were made for the original game.
At the close of last year, two gamers initiated legal action against Ubisoft, asserting they were under the impression they were "paying to own and possess the video game The Crew instead of paying for a limited license to use The Crew."
The lawsuit drew an analogy, stating, "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."
As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside claims of "common law fraud and breach of warranty." They also argued that Ubisoft contravened California's state law on gift cards, which prohibits expiration dates.
The gamers presented evidence showing the activation code for the game, which indicated no expiration until 2099, suggesting to them that "[The Crew] would remain playable during this time and long thereafter."
Ubisoft, however, refutes these claims. Their legal team stated, "Plaintiffs allege that they purchased physical copies of The Crew under the belief that they were obtaining unfettered access to the game in perpetuity. Plaintiffs also take issue with the fact that Ubisoft did not offer to create an 'offline, single-player option of the Game, otherwise known as a 'patch' when it shut down The Crew’s servers in March 2024."
The company's response emphasized that "the essence of the plaintiffs’ complaint is that Ubisoft allegedly misled purchasers of its video game The Crew into believing they were purchasing unfettered ownership rights in the game, rather than a limited license to access the game. But the reality is that consumers received the benefit of their bargain and were explicitly notified, at the time of purchase, that they were purchasing a license."
Ubisoft further noted that the packaging for Xbox and PlayStation versions included a "clear and conspicuous notice — in all capital letters — that Ubisoft may cancel access to one or more specific online features upon a 30-day prior notice."
The company has filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.
In response to such issues, digital marketplaces like Steam now provide an upfront warning to customers that they are purchasing a license, not a game. This change followed a law signed by California Governor Gavin Newsom, mandating digital marketplaces to clarify that customers are buying a license to media, not the media itself.
It's important to note that while this new law requires transparency about the nature of the purchase, it does not prevent companies from discontinuing access to content. However, it ensures that consumers are informed about the true nature of their purchase before they make it.
