Ubisoft Lawsuit: You Don't Own Bought Games

Ubisoft has clarified that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game."

This statement was made in response to a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to terminate the original racing game last year.

The Crew, released in 2014, is no longer accessible. All versions of the game, including physical and digital copies, became unplayable when the servers were permanently shut down in March 2024.

While Ubisoft developed offline versions of The Crew 2 and The Crew: Motorfest to allow continued play, no such option was provided for the first game.

The lawsuit drew an analogy, saying, "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."

As highlighted by Polygon, the plaintiffs accused Ubisoft of breaching 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 also argued that Ubisoft violated California's laws on gift cards, which are not permitted to expire.

The gamers presented evidence showing the activation code for the game, which does not expire until 2099, suggesting that "[The Crew] would remain playable during this time and long thereafter."

Ubisoft, however, disagrees with these claims.

"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," Ubisoft's legal team stated.

"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."

Ubisoft's response further noted that the packaging for Xbox and PlayStation versions included a prominent notice in all capital letters, stating that Ubisoft may terminate access to specific online features with 30 days' prior notice.

Ubisoft has moved to dismiss the case. Should the motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.

Digital marketplaces like Steam now explicitly inform customers that they are purchasing a license, not the game itself. This change followed a law signed by California Governor Gavin Newsom, requiring digital platforms to clarify the licensing nature of media purchases.

While this law does not stop companies from removing content, it mandates they inform customers about the licensing nature of their purchase before finalizing the transaction.