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 stance was articulated in response to a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to shut down the original racing game in 2023.
The original The Crew, released in 2014, is now unplayable. All versions of the game, whether physical or digital, are inaccessible, with servers being permanently shut down at the end of March 2024. While Ubisoft made provisions to develop offline versions of The Crew 2 and its sequel The Crew: Motorfest, no such option was provided for the first installment.
At the close of last year, two gamers initiated legal action against Ubisoft, arguing they were misled into believing they were "paying to own and possess the video game The Crew" rather than acquiring a limited license to use it. The lawsuit painted a vivid picture: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that 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 allege Ubisoft breached 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 claim Ubisoft violated California's state law on gift cards, which prohibits expiration dates. The gamers presented evidence in the form of activation codes for The Crew, which indicated no expiration until 2099, suggesting to them that the game would remain playable well beyond that date.
Ubisoft, however, disagrees with these claims. In their legal response, Ubisoft's lawyers 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." They further argued that consumers were informed at the time of purchase that they were acquiring a license, not outright ownership.
Ubisoft's packaging on Xbox and PlayStation platforms includes a prominent notice, in all capital letters, stating that Ubisoft may cancel access to specific online features with 30 days' prior notice. The company has moved to dismiss the case, but should the lawsuit proceed, the plaintiffs are seeking a jury trial.
It's noteworthy that digital marketplaces like Steam now feature warnings to customers that they are purchasing a license, not a game, following a California law signed by Governor Gavin Newsom. This law mandates clear disclosure to customers about the nature of their purchase, though it does not prevent companies from removing access to content.
