What an interesting hill for the only AAAA game producer to die on.
You might remember Ubisoft stating something to the tune that you don’t own the games you buy. Well, they’re saying it again, this time in a court of law.
A while back, a lawsuit was levelled at Ubisoft over their removal of The Crew from people’s libraries without much warning. Even if you have a physical version of the game, it’s not playable due to Ubisoft taking the servers offline just ahead of that removal. That sudden removal left a couple of users rather steamed, and the rest is history.
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.
Turns out the pinball machine manufacturer decided to come into your home, gut the insides of the pinball machine, and remove your ability to play the game that you bought and thought you owned. Even though you paid full price to receive this game, you never knew that the manufacturer could come in one day, and, without your control, leave you with a skeleton of what you thought you paid for.
Per Polygon, the claimants alleged that Ubisoft’s treatment of the game runs afoul of California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, in addition to “common law fraud and breach of warranty claims.” On top of all that, they also claim Ubisoft broke California law in regard to gift cards, which are not allowed to expire.
The plaintiffs also have images of the game’s activation code, which state that they’re good through 2099. A date which, according to them, proves “that [The Crew] would remain playable during this time and long thereafter.”
If you’re surprised that Ubisoft does not see things that way, I’ve got a bridge to sell you. From Ubisoft’s lawyers:
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.
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.
Their notice goes on to note that the Xbox and PlayStation packaging for the game contain 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 petition to dismiss the case. Should their petition fail, however, the plaintiffs have demanded a jury trial.
Most digital storefronts now contain a disclaimer explaining that you are purchasing a license, not the game itself. This came in the wake of a bill signed into law by California Governor Gavin Newsome requiring digital marketplaces to make it clear to users that they are only purchasing a license to the media when they purchase media. Said law also wouldn’t prevent a situation like this, where the game in question was removed from people’s libraries, but at least you’re informed that this is not something you necessarily own in perpetuity.
Source: IGN
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