Ubisoft Faces Lawsuit Over The Crew: Ownership Rights Questioned

Ubisoft has made it clear that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This statement was issued 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 2023.

Since the closure, The Crew from 2014 is no longer playable. All versions of the game, whether physical, digital, or already owned, are inaccessible, with servers shutting down completely by the end of March 2024. While Ubisoft took steps to develop offline versions for The Crew 2 and The Crew: Motorfest, no such effort was extended to the original game.

Towards the end of last year, two gamers initiated legal action against Ubisoft, claiming they were misled into believing they were "paying to own and possess the video game The Crew" rather than merely "paying for a limited license to use The Crew." Their lawsuit likened the situation to purchasing a pinball machine only to find it stripped of essential components years later.

As reported by Polygon, the plaintiffs allege that Ubisoft violated several California laws, including the False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as common law fraud and breach of warranty claims. They also argue that Ubisoft contravened California's regulations on gift cards, which prohibit expiration. The gamers pointed to the activation code for the game, which does not expire until 2099, suggesting it implied The Crew would remain playable well into the future.

Ubisoft, however, disputes these claims. According to their legal team, the plaintiffs believed they were buying unrestricted access to the game, but were actually purchasing a license, which was clearly communicated at the time of purchase. Ubisoft's response also highlighted that the Xbox and PlayStation packaging included a "clear and conspicuous notice" in capital letters, stating that Ubisoft could terminate access to certain online features with 30 days' notice.

Ubisoft has filed a motion to dismiss the case, but if unsuccessful, the plaintiffs are seeking a jury trial.

It's noteworthy that platforms like Steam have begun to explicitly warn customers that they are purchasing a license, not a game, following a new law signed by California Governor Gavin Newsom. This law mandates digital marketplaces to clarify the nature of purchases but does not prevent companies from revoking access to content.