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 declaration came as the company attempted to dismiss a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to terminate the original racing game in the previous year.
Released in 2014, The Crew is no longer playable. No matter if you own a physical or digital copy, the game cannot be purchased or played in any form, as the servers were shut down completely at the end of March 2024.
While Ubisoft took steps to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing players to continue enjoying these games, no such efforts were made for the original title.
At the end of last year, two gamers initiated legal action against Ubisoft, asserting that they believed they were "paying to own and possess the video game The Crew" rather than "paying for a limited license to use The Crew."
In a metaphorical comparison, the lawsuit likened the situation to buying a pinball machine only to find essential components missing years later, rendering it unplayable.
As reported by Polygon, the plaintiffs accused Ubisoft of breaching California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, along with claims of common law fraud and breach of warranty. They further argued that Ubisoft contravened California's regulations on gift cards, which are prohibited from expiring.
The gamers presented evidence showing that the activation code for The Crew clearly indicated an expiration date of 2099, suggesting to them that the game "would remain playable during this time and long thereafter."
In response, Ubisoft argued that the plaintiffs were aware at the time of purchase that they were acquiring a license, not ownership. The company pointed out that the packaging for Xbox and PlayStation versions explicitly stated, in capital letters, that Ubisoft could terminate access to certain online features with 30 days' notice.
Ubisoft has filed a motion to dismiss the case. Should the motion fail, the plaintiffs are seeking a jury trial.
Notably, platforms like Steam have updated their policies to inform customers upfront that they are purchasing a license, not a game. This change follows a law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify the nature of media purchases. While this law does not prevent companies from removing content, it mandates transparency about the terms of the purchase before the transaction is completed.
