Ubisoft has clarified that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This statement came as the company moved to dismiss a lawsuit initiated by two dissatisfied players of The Crew, following the shutdown of the original racing game in 2023.
The 2014 game, The Crew, is no longer playable. As of the end of March 2024, all versions of the game, whether physical, digital, or previously owned, are inaccessible due to the complete shutdown of the servers.
While Ubisoft made efforts to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing players continued access, no such measures were implemented for the original game.
At the close of last year, two gamers filed a lawsuit against Ubisoft, arguing that they believed they were "paying to own and possess the video game The Crew" instead of merely acquiring "a limited license to use The Crew."
The lawsuit painted a vivid picture: "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."
According to Polygon, the plaintiffs claimed Ubisoft violated California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as alleging "common law fraud and breach of warranty claims." They also argued that Ubisoft contravened California's laws on gift cards, which prohibit expiration.
The gamers presented evidence showing that the activation code for The Crew was set to expire in 2099, leading them to believe "that [The Crew] would remain playable during this time and long thereafter."
However, Ubisoft's response was clear: "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 argued, "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."
The company further noted that the packaging for Xbox and PlayStation versions included a prominent notice in all capital letters stating that Ubisoft may cancel access to online features with a 30-day notice.
Ubisoft has now filed a motion to dismiss the case. Should the motion fail and the lawsuit proceed, the plaintiffs have requested a jury trial.
Notably, digital marketplaces like Steam now feature explicit warnings that customers are buying a license, not the game itself. This change followed a law signed by California Governor Gavin Newsom, mandating digital marketplaces to clarify to customers that they are purchasing a license to media, not ownership. While this law does not prevent companies from revoking access to content, it ensures consumers are aware of the nature of their purchase before making it.
