Do You Really Own Your Digital Games? New Law Says No
Buying a video game digitally doesn't mean you own it forever. Usually, you can download it years later and play it again. But that's not a guarantee. Often, you are not buying access to the game but instead paying for a license to use it. This means that one day, the company behind it can remove it from the store, kill its servers, and make it unplayable in the future.
California's New Law on Digital Games
AB 2426, a newly passed piece of legislation in California, was signed into law earlier this week by Governor Gavin Newsom. This law will force companies selling digital goods, like games, in the state to warn consumers that they don't actually own that content. Instead, they are licensing it and could lose access to it in the future.
This new law was motivated by consumers losing access to content. For instance, Sony's announcement at the end of last year that digital copies of purchased content from Discovery would be revoked was a significant trigger. Even if you bought shows like Mythbusters, you’d be unable to watch them after December 31. People weren't happy about this, and eventually, Sony and WB reached a last-minute agreement to avoid this situation. But it was a very public reminder that you don't really own your digital content.
What the New California Law Means for Publishers
Starting in January, companies selling digital games in California will have to state in plain language that they are buying a limited license and not the actual item. If a company breaks the law, it could face fines of $2,500 for each illegal listing and also could be found in violation of the state's Unfair Competition Law.
There will be some exemptions, including games that are free to download or games that include an offline mode that would allow the game to run without a constant connection to the internet.
Key Points of the New Law:
- Companies must warn consumers they are buying a license, not ownership.
- Fines of $2,500 for each illegal listing.
- Exemptions for free games or those with offline modes.
California assembly member Jacqui Irwin, who was the bill's sponsor, hopes the new law will help motivate companies to seek out longer licensing deals, create subscription plans, and think more about the future. For example, Ubisoft and other companies might work to include actual offline modes in games like The Crew Motorfest at launch instead of adding them later due to online pressure.
The plan here is to help consumers avoid having to pay a premium for false ownership. And while California might just be one state, it's the most populated state in the United States. Millions of gamers live in California, and businesses around the world won't want to stop selling games in the state come next year. So hopefully, this new law will help everyone by forcing companies to include offline modes or clear warnings about what you are actually buying when you purchase a digital game.
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