Ubisoft Lawsuit: You Don't Own Bought Games

Ubisoft has made it clear that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This statement was part of their defense as they sought to dismiss a lawsuit filed by two disgruntled players of The Crew, who challenged Ubisoft's decision to shut down the original racing game in 2023.

The 2014 release, The Crew, is now unplayable. Regardless of whether it was purchased in physical or digital format, the game cannot be played anymore, with servers being completely shut down by the end of March 2024.

While Ubisoft took steps to develop offline versions of The Crew 2 and its follow-up, The Crew: Motorfest, allowing players to continue their gaming experience, no such measures were implemented for the original game.

At the close of last year, two gamers initiated legal action against Ubisoft, asserting they were under the impression that they were "paying to own and possess the video game The Crew instead of paying for a limited license to use The Crew."

The lawsuit likened the situation to buying a pinball machine, only to find it stripped of its essential components years later. 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 charges of common law fraud and breach of warranty. They also argued that Ubisoft contravened California's laws on gift card expiration.

The gamers presented evidence showing the game's activation code, which was set to expire in 2099, suggesting to them that "The Crew would remain playable during this time and long thereafter."

Ubisoft, however, contested these claims. Their legal team argued that the plaintiffs purchased the game under the assumption of "unfettered access to the game in perpetuity," and were upset that Ubisoft did not provide an "offline, single-player option of the Game, otherwise known as a 'patch'" when the servers were shut down in March 2024.

Ubisoft's lawyers emphasized that consumers were informed at the time of purchase that they were acquiring a license, not ownership. They pointed out that the Xbox and PlayStation packaging included a prominent notice, in all capital letters, stating that Ubisoft could terminate access to online features with 30 days' prior notice.

Ubisoft has filed a motion to dismiss the case, but should it proceed, the plaintiffs are seeking a jury trial.

In response to similar issues, digital marketplaces like Steam have updated their policies. Following a law signed by California governor Gavin Newsom, these platforms now explicitly warn customers that they are purchasing a license, not outright ownership of the game. While this law doesn't stop companies from withdrawing access to content, it mandates transparency about the nature of the purchase before the transaction is completed.