Ubisoft has insisted that buying a game doesn't give players "unfettered ownership rights" to it, only a "limited license to access the game."
The megacorp's comments come as it sought to dismiss a case brought by two unhappy The Crew players who took the company to court for shutting down its original racing game last year.
2014's The Crew is no longer playable. No version of the game, whether it's physical or digital or even if it's owned already, can be bought and played in any capacity, with servers going dark completely at the end of March 2024.
Ubisoft took measures to create offline versions of The Crew 2 and sequel The Crew: Motorfest to enable players to keep playing, but no similar action was taken for the original.
At the end of last year, two gamers took Ubisoft to court, stating they had been "under the impression" they were "paying to own and possess the video game The Crew instead of paying for a limited license to use The Crew."
"Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed," the initial lawsuit read.
As spotted by Polygon, the claimants accused Ubisoft of violating California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as "common law fraud and breach of warranty claims." They also suggest Ubisoft broke California's state law around gift cards, which are not allowed to expire.
The gamers also provided images that depict the activation code for the racer clearly shows that it does not expire until 2099, which they believe implies "that [The Crew] would remain playable during this time and long thereafter."
Perhaps unsurprisingly, Ubisoft does not agree.
"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 wrote.
"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."
The response further adds that the Xbox and PlayStation packaging contain 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. If that fails and the lawsuit does proceed, the two plaintiffs have demanded a jury trial.
Storefronts including Steam now include an up-front warning to customers that they’re buying a license, not a game. The change to Steam came after California governor Gavin Newsom signed a law forcing digital marketplaces to make it clear to customers that when they buy media, they only buy a license to that media.
It’s worth noting that the new law still doesn't prevent companies from yanking your content away from you, but at least they'll have to warn you about the true nature of your purchase before you click that buy button.
Vikki Blake is a reporter, critic, columnist, and consultant. She's also a Guardian, Spartan, Silent Hillian, Legend, and perpetually High Chaos. Find her at BlueSky.
