Ubisoft Sued Over The Crew: Buyers Don't Own Games

Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights," but instead provides a "limited license to access the game." This declaration comes as the company moves to dismiss a lawsuit filed by two dissatisfied players of The Crew, who challenged Ubisoft's decision to shut down the original racing game in 2023.

As of the end of March 2024, The Crew is no longer playable. All versions of the game, whether physical, digital, or already owned, are inaccessible, with the servers being completely shut down. While Ubisoft made efforts to develop offline versions for The Crew 2 and its sequel, The Crew: Motorfest, allowing players to continue enjoying these games, no such measures were implemented for the original title.

Towards the end of last year, two gamers initiated legal action against Ubisoft, claiming they were misled into thinking they were buying ownership of The Crew, rather than just a limited license. They likened their situation to purchasing a pinball machine only to find it stripped of its essential parts later on, rendering it unplayable.

As reported by Polygon, the plaintiffs accused Ubisoft of violating several California laws, including the False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside claims of common law fraud and breach of warranty. They also argued that Ubisoft contravened California's gift card law, which prohibits expiration dates on such cards. The gamers presented evidence showing that the activation code for The Crew was valid until 2099, suggesting to them that the game would remain playable well into the future.

In response, Ubisoft's legal team argued that the plaintiffs were fully aware at the time of purchase that they were acquiring a license, not ownership. They pointed out that the packaging for Xbox and PlayStation versions included a prominent notice in all capital letters, stating that Ubisoft could terminate access to online features with 30 days' notice.

Ubisoft has filed a motion to dismiss the case, but if unsuccessful, the plaintiffs are prepared to proceed to a jury trial. Meanwhile, digital marketplaces like Steam have begun to explicitly inform customers that they are purchasing a license, not a game, following a new law signed by California Governor Gavin Newsom. This law mandates clearer communication about the nature of digital purchases, although it does not prevent companies from discontinuing access to content.