Ubisoft Sued Over The Crew: Ownership Rights Challenged

Ubisoft has emphasized that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This statement comes in response to a legal action initiated by two dissatisfied players of The Crew, who sued the company after it discontinued the original racing game in the previous year.

The 2014 release, The Crew, is now unplayable. Regardless of whether the game was purchased physically or digitally, and even if it was already owned, it cannot be played as the servers were shut down completely at the end of March 2024.

In contrast, Ubisoft developed offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play, but no such provision was made for the first game.

The lawsuit painted a vivid picture, likening the situation to buying a pinball machine, only to find it stripped of its essential components years later.

As highlighted by Polygon, the claimants argued that Ubisoft violated 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 contended that Ubisoft contravened California's state law on gift cards, which prohibits expiration dates.

The plaintiffs presented evidence in the form of images showing the activation code for The Crew, which indicates an expiration date of 2099, suggesting to them that the game would remain playable well into the future.

Ubisoft, however, refutes these claims.

The company's legal team argued, "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 create an offline, single-player option for the game when its servers were shut down in March 2024."

Ubisoft's response emphasizes that "the essence of the plaintiffs’ complaint is that Ubisoft allegedly misled purchasers into believing they were purchasing unfettered ownership rights, rather than a limited license. However, consumers were explicitly informed at the time of purchase that they were acquiring a license."

The company further pointed out that the packaging for Xbox and PlayStation versions included a prominent notice, in all capital letters, stating that Ubisoft may terminate access to online features with a 30-day prior notice.

Ubisoft has filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs have requested a jury trial.

Notably, platforms like Steam now feature explicit warnings to customers that they are purchasing a license, not a game. This change followed a law signed by California Governor Gavin Newsom, which mandates digital marketplaces to clarify that customers are buying licenses to media, not the media itself.

While this law does not prevent companies from withdrawing content, it ensures that customers are informed about the nature of their purchase before proceeding.