Ubisoft Lawsuit: We Don't Own Bought Games

Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" to it, but rather provides a "limited license to access the game." This stance came to light as the company sought to dismiss a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to terminate the original racing game's servers last year.

The 2014 release, The Crew, is now unplayable. Regardless of whether it was a physical or digital copy, and even if the game was already owned, it cannot be purchased or played anymore, with servers being shut down completely by the end of March 2024.

While Ubisoft took steps to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play, no such efforts were made for the original game.

Toward the end of last year, two gamers initiated legal action against Ubisoft, claiming they believed they were "purchasing and possessing the video game The Crew" rather than "paying for a limited license to use The Crew."

The lawsuit colorfully likened the situation to buying a pinball machine, only to find it stripped of essential parts years later. The plaintiffs, as highlighted by Polygon, allege that Ubisoft violated California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, along with charges of common law fraud and breach of warranty. They further argue that Ubisoft contravened California's state law on gift cards, which are not permitted to expire.

The gamers supported their case with images of the activation code for The Crew, clearly marked as valid until 2099, suggesting that this indicated the game "would remain playable during this time and long thereafter."

Ubisoft, however, disputes these claims. In their legal response, they argue that "Plaintiffs allege that they purchased physical copies of The Crew under the belief that they were obtaining unfettered access to the game in perpetuity," and they express dissatisfaction with Ubisoft's decision not to provide an 'offline, single-player option of the Game,' or 'patch,' when the servers were shut down in March 2024.

Ubisoft's lawyers maintain 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."

The response also points out that the Xbox and PlayStation packaging includes 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."

Ubisoft has moved to dismiss the case, but if unsuccessful, the plaintiffs are prepared to take the matter to a jury trial.

In light of such disputes, digital marketplaces like Steam now feature upfront warnings to customers, clarifying that they are purchasing a license, not the game itself. This change follows a law signed by California Governor Gavin Newsom, mandating digital marketplaces to inform customers clearly about the licensing nature of media purchases. Although this law doesn't stop companies from withdrawing access to content, it ensures customers are aware of the terms before making a purchase.