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

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 terminate the original racing game in 2023.

As of 2014, The Crew is no longer playable. No version of the game, whether physical or digital, can be accessed or played, with servers being completely shut down by the end of March 2024. While Ubisoft made efforts to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play, no such provision was extended to the original game.

At the close of last year, two gamers initiated legal action against Ubisoft, asserting they were 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." The 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 accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside claims of "common law fraud and breach of warranty." They also argued that Ubisoft contravened California's state law on gift cards, which prohibits expiration. The gamers presented evidence showing the activation code for The Crew, which does not expire until 2099, suggesting to them that the game "would remain playable during this time and long thereafter."

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. 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 emphasized that consumers were informed at the time of purchase that they were acquiring a license, not ownership.

The company's response further noted that the packaging for Xbox and PlayStation versions 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 filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.

Notably, digital marketplaces like Steam now provide an explicit warning 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 consumers are informed about the licensing nature of their purchase before they commit to buying.