Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" to it, but rather provides a "limited license to access the game." This stance was articulated as the company sought to dismiss a case filed by two dissatisfied The Crew players who sued Ubisoft after the original racing game was shut down last year.
Released in 2014, The Crew is no longer playable. No version of the game, whether physical, digital, or previously owned, can be purchased or played, as servers were permanently shut down at the end of March 2024.
While Ubisoft took steps to develop offline versions of The Crew 2 and The Crew: Motorfest, allowing continued play, no such effort was made for the original game.
At the close of last year, 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."
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 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 breached California's state law regarding gift cards, which are not permitted to expire.
The gamers supported their case with images showing the activation code for the game clearly indicating no expiration until 2099, suggesting "that [The Crew] would remain playable during this time and long thereafter."
Ubisoft, however, disputes 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 legal team responded.
They further clarified, "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 highlighted 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."
The company has filed a motion to dismiss the case. If unsuccessful, and the lawsuit proceeds, the two plaintiffs are seeking a jury trial.
Digital marketplaces like Steam now feature a warning to customers that they are purchasing a license, not the game itself. This adjustment followed a law signed by California Governor Gavin Newsom, mandating digital marketplaces to clarify to customers that they are buying a license to media, not the media itself.
It's important to note that while this new law requires upfront transparency, it does not prevent companies from revoking access to content. However, it ensures that customers are fully aware of the nature of their purchase before committing to it.
