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 articulated as the company moved 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. This applies to all versions of the game, whether physical or digital, and even if previously owned. The game's servers were completely shut down, rendering it inaccessible. While Ubisoft made efforts to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play, no such measures were implemented for the original game.
Towards the end of last year, two gamers initiated legal action against Ubisoft, claiming they were under the impression that they were "paying to own and possess the video game The Crew" rather than merely purchasing a "limited license to use The Crew." The lawsuit likened the situation to buying a pinball machine only to find it stripped of essential components years later.
As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside allegations of common law fraud and breach of warranty. They also argued that Ubisoft violated California's state law on gift cards, which prohibits expiration. 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.
Ubisoft, however, refutes these claims. According to their legal team, "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 take issue with the fact that Ubisoft did not offer to create 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 insists that consumers were clearly informed at the time of purchase that they were acquiring a license, not ownership.
The company's response further notes that the packaging for Xbox and PlayStation versions included a prominent notice in all capital letters, stating that Ubisoft may cancel access to specific online features with 30 days' prior notice. Ubisoft has filed a motion to dismiss the case, but if unsuccessful, the plaintiffs are seeking a jury trial.
In response to such issues, digital marketplaces like Steam now provide clear warnings 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 the nature of digital purchases. While this law does not prevent companies from withdrawing access to content, it ensures that consumers are informed about the licensing nature of their purchase before they commit to buying.
