Ubisoft's The Crew Lawsuit: We Don't Own Purchased Games

Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game." This stance was highlighted as the company moved to dismiss a lawsuit filed by two dissatisfied players of The Crew. These players took legal action against Ubisoft for terminating the servers of the original racing game in 2023.

The 2014 title, The Crew, is no longer accessible. Regardless of whether it was purchased physically or digitally, no version of the game can be played, with servers being completely shut down by the end of March 2024.

While Ubisoft made efforts to develop offline versions of The Crew 2 and its follow-up, The Crew: Motorfest, allowing continued play, no such provisions were extended to the original game.

The lawsuit likened the situation to buying a pinball machine, only to find it stripped of its essential components years later, rendering it unplayable.

As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s 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 state law on gift cards, which prohibits expiration.

The gamers presented evidence showing the activation code for The Crew, which does not expire until 2099, suggesting to them that "The Crew would remain playable during this time and long thereafter."

Ubisoft, however, disputes these claims.

"Plaintiffs allege that they purchased physical copies of The Crew under the belief that they were obtaining unfettered access to the game in perpetuity. They also object to Ubisoft's decision not to offer an 'offline, single-player option of the Game, otherwise known as a 'patch' when it shut down The Crew’s servers in March 2024," Ubisoft's legal team stated.

"The core of the plaintiffs’ complaint is that Ubisoft allegedly misled purchasers of its video game The Crew into believing they were purchasing unfettered ownership rights in the game, rather than a limited license to access the game. However, consumers received the benefit of their purchase and were clearly informed at the time of purchase that they were acquiring a license."

The response further notes that the Xbox and PlayStation packaging includes 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 filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.

Notably, digital marketplaces like Steam now provide an upfront warning to 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.

It's important to recognize that while this new law requires transparency about the nature of the purchase, it does not prevent companies from withdrawing access to content.