Ubisoft has emphasized that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game." This statement comes in response to a lawsuit filed by two players of the racing game The Crew, which Ubisoft shut down in 2023.
The original The Crew game from 2014 is no longer playable. As of the end of March 2024, all versions of the game, whether physical or digital, have ceased to function with the servers being permanently taken offline.
While Ubisoft took steps to develop offline versions of The Crew 2 and its sequel The Crew: Motorfest, allowing continued play, no such measures were implemented for the original game.
At the close of last year, two gamers initiated legal action against Ubisoft, claiming they believed they were purchasing permanent ownership of The Crew, not merely a temporary license.The lawsuit drew a vivid analogy, likening the situation to buying a pinball machine only to find it stripped of all its components years later.
As reported by Polygon, the plaintiffs allege that Ubisoft breached California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside claims of common law fraud and breach of warranty. They further argue that Ubisoft contravened California's state law on gift cards, which prohibits expiration.
Evidence presented by the gamers included images of an activation code for The Crew that was valid until 2099, suggesting to them that the game would remain playable well into the future.
In response, Ubisoft's legal team argued that the plaintiffs purchased The Crew under the misconception of gaining perpetual access. They clarified that consumers were informed at the time of purchase that they were acquiring a license, not ownership. Ubisoft also pointed out that the game's packaging on Xbox and PlayStation included a prominent notice that the company could terminate access to specific online features with 30 days' notice.
Ubisoft has moved to dismiss the case, but if unsuccessful, the plaintiffs are seeking a jury trial.
In response to similar issues, digital marketplaces like Steam now explicitly inform customers that they are purchasing a license, not a game. This follows a California law signed by Governor Gavin Newsom, which mandates digital marketplaces to clarify the nature of digital purchases. While this law does not prevent companies from withdrawing access to content, it ensures customers are aware of the terms before making a purchase.
