Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game."
This statement was made in the context of Ubisoft's attempt to dismiss a lawsuit filed by two dissatisfied players of The Crew. The players took legal action after Ubisoft shut down the original racing game in 2023.
As of the shutdown, The Crew is no longer playable in any form, whether it's a physical or digital copy. The game's servers were permanently closed at the end of March 2024.
While Ubisoft made offline versions available for The Crew 2 and its sequel, The Crew: Motorfest, no such option was provided for the original game.
At the end of last year, two gamers filed a lawsuit against Ubisoft, claiming they believed 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 an analogy, stating, "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 reported by Polygon, the plaintiffs accused Ubisoft of violating California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as "common law fraud and breach of warranty claims." They also argued that Ubisoft violated California's state law regarding gift cards, which are not allowed to expire.
The gamers presented images showing that the activation code for the game clearly states it does not expire until 2099, suggesting "that [The Crew] would remain playable during this time and long thereafter."
Unsurprisingly, Ubisoft 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 lawyers 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 also noted that the Xbox and PlayStation packaging includes a "clear and conspicuous notice — in all capital letters — that Ubisoft may cancel access to one or more specific online features upon a 30-day prior notice."
Ubisoft has filed a motion to dismiss the case. If the motion is denied and the lawsuit proceeds, the plaintiffs have requested a jury trial.
Digital marketplaces like Steam now include a warning to customers that they are purchasing a license, not a game. This change followed a law signed by California governor Gavin Newsom, requiring digital marketplaces to clarify that customers are buying a license to media, not the media itself.
It's important to note that while this new law mandates transparency, it does not prevent companies from removing access to content, but it does ensure that customers are informed about the nature of their purchase before they buy.
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