California's New Law: Clarifying Digital Game Ownership
A new California law, AB 2426, aims to increase transparency in digital game sales, taking effect next year. It mandates that digital storefronts like Steam and Epic Games clearly inform consumers whether their purchases grant ownership or merely a license to use the game.
The law requires prominent and unambiguous language, specifying that the wording used must be easily distinguishable from surrounding text. Failure to comply could result in civil penalties or misdemeanor charges. The legislation also prohibits using terms like "buy" or "purchase" to imply ownership unless explicitly clarified that the transaction only provides a license.
The bill's text defines "game" broadly, encompassing applications accessible on various devices, including add-ons and additional content. Legislators emphasized the need for consumer protection in an increasingly digital marketplace, highlighting the reality that digital purchases often grant only temporary access, revocable by the seller at any time.
Assemblymember Jacqui Irwin stated the law's purpose is to ensure consumers understand the nature of their transactions, noting the common misconception that digital purchases equate to permanent ownership, similar to physical media. She emphasized the importance of preventing deceptive advertising practices.
Subscription Services and Offline Copies Remain Unclear
The law's impact on subscription services like Game Pass remains undefined. It also lacks specific provisions regarding offline game copies. This ambiguity follows recent controversies, such as Ubisoft's removal of The Crew series, highlighting concerns about consumer rights and the potential for loss of access to purchased games.
A Ubisoft executive previously suggested that players should adapt to the idea of not "owning" games in the traditional sense, given the rise of subscription models. However, this new legislation underscores a growing need for clearer consumer protections in the digital gaming landscape.
This California law represents a significant step towards greater transparency and consumer protection in the digital game market, though further clarification on certain aspects is still needed.