New California law means digital stores can’t imply you’re buying a game when you’re merely licensing it

Sep 26, 2024 at 9:36 PM

The Illusion of Digital Ownership: Navigating the Murky Waters of Licensing in the Gaming Industry

In the digital age, the concept of ownership has become increasingly blurred, particularly when it comes to the world of video games. As consumers, we often assume that when we purchase a game, we own it outright. However, the reality is far more complex, as the majority of digital purchases are, in fact, licenses that can be revoked at any time by the companies that control them. This issue has come to the forefront with the recent news of Ubisoft's decision to delist and take offline the racing game The Crew, leaving many gamers wondering about the true nature of their digital purchases.

Uncovering the Truth: The Realities of Digital Ownership

The Illusion of Ownership

When you purchase a game on platforms like the Microsoft Store, PlayStation Store, or Steam, you're not actually buying the game itself. Instead, you're acquiring a license to play the game, which can be revoked or altered by the company at any time. This means that your "purchase" is more akin to a rental agreement than true ownership. While this practice is not new, it has become increasingly prevalent as physical media has given way to digital downloads and streaming services.

The Ubisoft Debacle: A Wake-Up Call

The recent case of Ubisoft's decision to delist and take offline the racing game The Crew has served as a wake-up call for many gamers. This move not only rendered the game unplayable for those who had purchased it, but it also highlighted the fragility of digital ownership. As companies continue to exert control over the digital goods they sell, consumers are left with a growing sense of uncertainty about the longevity and security of their purchases.

The Importance of Transparency

In response to this issue, the state of California has taken a significant step by passing a new law (AB 2426) that aims to bring more transparency to the buying and selling of digital goods, including video games. This law will require companies that operate digital storefronts to be more explicit about the fact that they are selling licenses, not outright ownership. By forcing companies to use clear and distinct language, this legislation seeks to empower consumers and ensure they understand the true nature of their digital purchases.

The Broader Implications

The implications of this issue extend beyond the gaming industry. As more and more of our daily lives become digitized, the question of ownership and control over our digital assets becomes increasingly important. From e-books and digital music to streaming services and cloud-based software, the concept of ownership is being challenged, and consumers are left to navigate a complex and often opaque landscape.

The Future of Digital Ownership

As the digital landscape continues to evolve, it's clear that the issue of digital ownership will only become more pressing. While the California law is a step in the right direction, there is still much work to be done to ensure that consumers are fully informed and empowered when it comes to their digital purchases. As technology advances, it will be crucial for policymakers, industry leaders, and consumers to work together to find a balance between the convenience of digital goods and the fundamental right to own and control the things we pay for.