Ubisoft has made it clear 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, who sued Ubisoft after the company shut down the original racing game in 2023.
The 2014 title, The Crew, is now completely unplayable. Regardless of whether the game was purchased in physical or digital form, it is no longer available for play, as the servers were shut down at the end of March 2024. In contrast, Ubisoft developed offline versions for The Crew 2 and The Crew: Motorfest, allowing continued play, but no such provision was made for the original game.
Towards the end of last year, two gamers filed a lawsuit against Ubisoft, asserting they believed 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 creatively likened the situation to buying a pinball machine, only to find it stripped of essential components years later, rendering it unusable. As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, along with claims of "common law fraud and breach of warranty." They further alleged that Ubisoft violated California's state law on gift cards, which prohibits expiration.
The gamers also presented evidence showing the activation code for The Crew clearly stating it does not expire until 2099, suggesting to them that "The Crew would remain playable during this time and long thereafter."
Ubisoft, however, disputes these claims. In their defense, Ubisoft's lawyers stated, "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."
They further 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."
Ubisoft's response also highlighted that both Xbox and PlayStation packaging included 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. Should the motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.
It's noteworthy that digital marketplaces like Steam now include explicit warnings to customers that they are purchasing a license, not owning the game outright. This change followed a law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify that customers are buying a license to media, not the media itself. While this law doesn't prevent companies from removing access to content, it ensures customers are aware of the nature of their purchase before committing to it.
