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CA law forces companies to admit digital media is licensed, not bought

Retailers in the state now have to tell purchasers that any digital game, movie, or music can be taken from them and possibly go away completely.

Justin Carter, Contributing Editor

September 27, 2024

2 Min Read
Key art for 2018's The Crew 2.
Image via Ivory Tower/Ubisoft.

A new law in California compels retailers to disclose that always-online games could eventually be shut down and delisted.

Per Game File, the law will go into effect on January 1, 2025. It's part of a larger consumer protection and false advertising bill signed earlier this week. Sellers of digital items will no longer be able to use the terms "buy" or "purchase" mid-transaction.

"The seller provides to the consumer before executing each transaction a clear and conspicuous statement that states in plain language that 'buying' or 'purchasing' the digital good is a license," reads the law.

PlayStation, Valve, and Xbox were specifically listed by Game File as companies that fall under this requirement. Fellow (unnamed) store operators include Nintendo, Ubisoft, and EA, who each have their own digital storefronts.

There are some games exempt from this law, namely free titles, those offered through a subscription service, and ones that already have an offline mode (like single-player).

California objects to forced obsolescence

In the last several years, digital movies and shows have been pulled (often abruptly) from streaming services. Game-wise, this has primarily affected multiplayer titles that require online connections to be playable.

The length between a game's launch and when it gets shut down can vary, but it has happened often enough that players have started to take action. In August, public outcry was strong enough that Ubisoft promised to create offline modes for The Crew 2 and The Crew Motorfest.

Speaking to Game File, assemblymember Jacqui Irwin (D-CA) said the bill was "motivated by consumers losing access to content."

Irwin cited last year's instance of PlayStation removing access to Discovery content that people previously paid for. That issue was eventually resolved, but Ubisoft's delisting of the first The Crew "further highlighted just how widespread this issue is."

Her hope with the overall bill and its transparency is to help customers realize they are buying a digital item's license rather than the media itself. She also hopes it can get companies to find solutions to keep their digital products around longer, including potentially cheaper rental or subscription options.

Game File's full coverage of the law can be read here.

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About the Author

Justin Carter

Contributing Editor, GameDeveloper.com

A Kansas City, MO native, Justin Carter has written for numerous sites including IGN, Polygon, and SyFy Wire. In addition to Game Developer, his writing can be found at io9 over on Gizmodo. Don't ask him about how much gum he's had, because the answer will be more than he's willing to admit.

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