Ubisoft has made it clear that purchasing a game does not equate to "unfettered ownership rights," but rather grants players a "limited license to access the game." This stance was articulated as the company moved to dismiss a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft after the company shut down the original racing game in the previous year.
Since its release in 2014, The Crew is no longer playable. Whether the game is in physical or digital format, or even if it was previously owned, it cannot be purchased or played anymore, with servers completely shutting down at the end of March 2024. While Ubisoft took steps to create offline versions of The Crew 2 and The Crew: Motorfest, allowing players to continue enjoying these games, no such effort was made for the original title.
At the end of last year, two gamers initiated legal action against Ubisoft, claiming they were under the impression they were "paying to own and possess the video game The Crew" rather than "paying for a limited license to use The Crew." The lawsuit used a vivid analogy, likening the situation to buying a pinball machine only to find it stripped of essential parts years later.
As highlighted by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside allegations of "common law fraud and breach of warranty." They also argued that Ubisoft contravened California's state law regarding gift cards, which cannot expire. To bolster their case, the gamers presented images showing an activation code for The Crew with an expiration date of 2099, suggesting the game should remain playable until at least that time.
Unsurprisingly, Ubisoft refutes these claims. Their legal team stated that the plaintiffs believed they were buying "unfettered access to the game in perpetuity" and were upset that Ubisoft did not offer an offline, single-player patch when it shut down The Crew's servers in March 2024. Ubisoft insists that "consumers received the benefit of their bargain and were explicitly notified, at the time of purchase, that they were purchasing a license."
The company further emphasized that the Xbox and PlayStation packaging features a prominent notice, in all capital letters, stating that Ubisoft may cancel access to specific online features with a 30-day prior notice.
Ubisoft has filed a motion to dismiss the case, but if unsuccessful and the lawsuit proceeds, the plaintiffs are seeking a jury trial.
It's worth noting that digital marketplaces like Steam now include explicit warnings that customers are purchasing a license, not a game. This change follows a new law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify that customers are buying a license to media. While this law doesn't stop companies from removing content, it does ensure they inform customers about the nature of their purchase upfront.
