Ubisoft Sued Over The Crew: Claims Buyers Don't Own Games
Ubisoft has made it clear that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game." This statement comes as the company seeks to dismiss a lawsuit filed by two dissatisfied players of The Crew, who took legal action after Ubisoft shut down the original racing game in 2023.
As of the end of March 2024, The Crew from 2014 is no longer playable. No version of the game, be it physical or digital, can be purchased or played, as the servers were completely shut down. While Ubisoft took steps to develop offline versions of The Crew 2 and The Crew: Motorfest, allowing players to continue enjoying these games, no such effort was made for the original title.
At the close of last year, two gamers filed a lawsuit against Ubisoft, asserting that they believed they were "paying to own and possess the video game The Crew" rather than "paying for a limited license to use The Crew." Their lawsuit used an analogy of purchasing a pinball machine only to find it inoperable later, emphasizing the unexpected loss of access to their game.
As reported by Polygon, the claimants accused Ubisoft of violating California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside allegations of common law fraud and breach of warranty. They further argued that Ubisoft contravened California's state law on gift cards, which are not permitted to expire. To support their case, the gamers presented images showing an activation code for the game that expires in 2099, suggesting that The Crew should remain playable well into the future.
In response, Ubisoft's legal team 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." Ubisoft's lawyers argued that consumers were fully informed at the time of purchase that they were acquiring a license, not ownership. They also pointed out that both Xbox and PlayStation packaging clearly state in all capital letters that Ubisoft may terminate access to online features with 30 days' notice.
Ubisoft has moved to have the case dismissed. Should the motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.
It's noteworthy that platforms like Steam have updated their policies to explicitly inform customers that they are purchasing a license, not a game. This change followed a law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify to consumers that they are buying a license to media. While this law doesn't prevent companies from withdrawing access to content, it mandates that they must inform customers of the nature of their purchase beforehand.
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