Ubisoft Sued Over The Crew: Players Don't Own Bought Games

Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" but rather a "limited license to access the game." This statement comes in the context of Ubisoft's effort to dismiss a lawsuit filed by two dissatisfied The Crew players, who challenged the company's decision to terminate the servers of the original racing game, released in 2014, last year.

As of now, The Crew is no longer playable. No matter if it's a physical copy, a digital version, or one that's already owned, the game cannot be purchased or played anymore, with servers being completely shut down by the end of March 2024.

Ubisoft took steps to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing players to continue their gaming experience offline. However, no such efforts were made for the original game.

Towards the end of last year, two gamers initiated legal action against Ubisoft, asserting they were under the impression 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 painted a vivid picture, likening the situation to purchasing a pinball machine, only to find it dismantled years later, with all its components missing.

As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside "common law fraud and breach of warranty claims." They also argued that Ubisoft contravened California's state law on gift cards, which prohibits expiration dates.

The gamers presented images showing the activation code for The Crew, indicating no expiration until 2099, leading them to believe that "[The Crew] would remain playable during this time and long thereafter."

In response, Ubisoft's legal team argued that the plaintiffs had purchased the game under the belief of obtaining "unfettered access to the game in perpetuity," and were dissatisfied with Ubisoft's decision not to offer an offline version. The company's lawyers emphasized that consumers were clearly informed at the time of purchase that they were acquiring a license, not ownership.

Ubisoft's response highlighted that both Xbox and PlayStation packaging included a "clear and conspicuous notice — in all capital letters — that Ubisoft may cancel access to one or more specific online features upon a 30-day prior notice."

Ubisoft has moved to dismiss the case, with the plaintiffs seeking a jury trial if the motion fails.

In response to such issues, digital marketplaces like Steam now explicitly warn customers that they are purchasing a license, not a game. This change followed a law signed by California governor Gavin Newsom, mandating digital marketplaces to clarify that customers are buying a license to media, not the media itself.

While this law doesn't stop companies from removing content, it ensures consumers are fully aware of the nature of their purchase before proceeding.