Ubisoft Sued Over The Crew: Ownership Rights Questioned

Ubisoft has maintained that purchasing a game does not grant players "unfettered ownership rights" but rather a "limited license to access the game." This statement was made in response to a lawsuit filed by two dissatisfied The Crew players after Ubisoft shut down the original racing game last year.

The original The Crew, released in 2014, is now entirely unplayable. No version of the game, whether physical or digital, can be played, as the servers were permanently taken offline at the end of March 2024. In contrast, Ubisoft made offline versions available for The Crew 2 and The Crew: Motorfest, allowing players to continue enjoying these games without an internet connection.

Towards the end of last year, two gamers filed a lawsuit against Ubisoft, claiming 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 likened the situation to buying a pinball machine that later becomes unplayable due to missing parts.

As reported by Polygon, the plaintiffs argued that Ubisoft violated several California laws, including the False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as common law fraud and breach of warranty claims. They further alleged that Ubisoft contravened California's state law prohibiting the expiration of gift cards. The plaintiffs presented evidence showing that the activation code for The Crew was valid until 2099, suggesting the game should remain playable until at least that date.

In response, Ubisoft's legal team stated that the plaintiffs believed they were acquiring perpetual access to the game, and were upset that no offline single-player option was provided when the servers were shut down in March 2024. Ubisoft argued that consumers were clearly informed at the time of purchase that they were buying a license, not a game, and that the packaging on Xbox and PlayStation included a prominent notice in all capital letters stating that Ubisoft could cancel access to online features with 30 days' notice.

Ubisoft has filed a motion to dismiss the lawsuit. Should the motion fail and the case proceed, the plaintiffs have requested a jury trial.

Digital marketplaces like Steam now feature explicit warnings to 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 the nature of digital purchases. While this law does not stop companies from removing access to content, it mandates transparency about the purchase being a license, not outright ownership.