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 came in response to a lawsuit initiated by two players of The Crew, who sued Ubisoft after the company shut down the original racing game in 2023.
As of 2014, The Crew is no longer playable. Regardless of whether the game was purchased in physical or digital format, it is now inaccessible, with servers going dark completely at the end of March 2024. Ubisoft made efforts to create offline versions for The Crew 2 and The Crew: Motorfest, allowing continued play, but no such measures were taken for the original game.
At the end of last year, two gamers took Ubisoft to court, claiming they were under the impression that 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 illustrated their frustration with an analogy: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."
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, as well as "common law fraud and breach of warranty claims." They also argued that Ubisoft contravened California's state law regarding gift cards, which are not permitted to expire. The gamers presented images showing the activation code for The Crew, which does not expire until 2099, suggesting that the game would remain playable during that time and beyond.
In its defense, Ubisoft argued that the plaintiffs were informed at the time of purchase that they were acquiring a license, not perpetual ownership. Ubisoft's lawyers emphasized that the Xbox and PlayStation packaging clearly stated — in all capital letters — that Ubisoft may cancel access to certain online features with 30 days' notice.
Ubisoft has filed a motion to dismiss the case. Should the motion fail, the plaintiffs are seeking a jury trial.
Notably, digital marketplaces like Steam now feature explicit warnings to customers that they are purchasing a license, not a game. This change follows a law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify the nature of media purchases. While the law doesn't stop companies from withdrawing content, it mandates clear disclosure of the purchase's terms before the transaction is completed.
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