Ubisoft Sued Over The Crew: Players Don't Own Purchased Games
Ubisoft has emphasized 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, following the game's shutdown last year.
The original The Crew, released in 2014, is now completely unplayable. No version of the game, whether physical or digital, can be played as the servers were permanently closed at the end of March 2024. Ubisoft made efforts to develop offline versions for The Crew 2 and its sequel, The Crew: Motorfest, allowing continued gameplay, but no such provisions were extended to the first game.
Towards the end of last year, the two gamers initiated legal action against Ubisoft, claiming they were under the impression they were "paying to own and possess the video game The Crew instead of paying for a limited license to use The Crew." Their lawsuit likened the situation to buying a pinball machine only to find it stripped of essential components years later.
As reported by Polygon, the plaintiffs allege that Ubisoft contravened California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside charges of common law fraud and breach of warranty. They also argued that Ubisoft violated California's state law on gift cards, which cannot expire. The gamers presented evidence showing the activation code for The Crew indicated no expiration until 2099, suggesting the game would remain playable far into the future.
Ubisoft, however, refutes these claims. Their legal team stated that the plaintiffs were under the misconception they were acquiring perpetual access to the game. They highlighted that customers were clearly informed at the time of purchase that they were buying a license, not outright ownership. Furthermore, Ubisoft's response noted that the Xbox and PlayStation packaging included a prominent warning that Ubisoft could terminate access to online features with 30 days' notice.
Ubisoft has filed a motion to dismiss the case, but if unsuccessful, the plaintiffs are prepared to proceed to a jury trial.
In related developments, digital marketplaces like Steam now explicitly inform customers that they are purchasing a license, not a game, following a new law signed by California Governor Gavin Newsom. This law mandates clear disclosure about the nature of the purchase but does not prevent companies from withdrawing access to digital content.
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