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

Ubisoft has made it clear that purchasing a game does not grant players "unfettered ownership rights" to it, but rather provides a "limited license to access the game." This statement came to light as the company sought 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 the previous year.

As of 2014, The Crew is no longer playable. No matter if you own a physical or digital copy of the game, it cannot be bought or played in any form, with servers being completely shut down by the end of March 2024.

Ubisoft made efforts to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing players to continue enjoying these games. However, no such provisions were made for the original game.

At the close of last year, two gamers filed a lawsuit against Ubisoft, claiming they were under the impression that they were "purchasing and owning the video game The Crew," rather than merely "paying for a limited license to use The Crew."

The initial lawsuit painted a vivid picture: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."

As Polygon reported, the plaintiffs accused Ubisoft of violating California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as engaging in "common law fraud and breach of warranty claims." They also argued that Ubisoft violated California's state law regarding gift cards, which prohibits expiration dates.

The gamers presented images showing that the activation code for the game clearly stated it would not expire until 2099, suggesting to them that "[The Crew] would remain playable during this time and long thereafter."

Unsurprisingly, Ubisoft disagrees with 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. Plaintiffs 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's lawyers stated.

They further explained, "The essence 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. But the reality is that consumers received the benefit of their bargain and were explicitly notified, at the time of purchase, that they were purchasing a license."

Ubisoft's response also highlighted that the 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 now filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.

In response to such issues, storefronts like Steam now display a warning to customers that they are purchasing a license, not a game. This change followed a law signed by California governor Gavin Newsom, which requires digital marketplaces to clarify to customers that they are acquiring a license to the media, not ownership. While this law does not prevent companies from withdrawing access to content, it mandates that they must inform customers about the nature of their purchase upfront.