Summary
The Governor of California has signed a bill into law that will require businesses to make a change to how digital purchases of games work. The bill should help to improve clarity on exactly what a customer is buying when they “purchase” a game on a digital storefront.
Many gamers have expressed frustration in recent times due to the way the “ownership” of digital games has been handled. At this point in time, game platforms can potentiallyremove a game from a player’s accountand get rid of the ability to download it at any time, regardless of whether it was “purchased” or not. This is in addition to recent game shutdowns where customers can no longer play a game they purchased regardless of the software on their own system.
Now, thebill AB 2426, which covers consumer protection, false advertising, and digital goods, has been signed into law byCalifornia Governor Newsom. The bill is essentially an addition to an existing law in California that made it illegal to do business or advertise to customers in California with misleading or false claims. This bill will builds upon that, setting up strict rules that prohibit sellers from using terms like “buy” or “purchase,” unless specific rules are followed.
In essence, if a digital retailer selling a digital good like a video game uses these terms, it must make it completely clear that the customer is purchasing a license, not a permanent copy of the game. The customer has to acknowledge and agree to the terms, which includes informing the customer that if the retailer loses the rights to the product, the customer may have their right to use the game revoked, or thegame removed from their account. The bill doesn’t only cover games, as it applies to digital media purchases like music, books, magazines, and video.
Does AB 2426 Solve the Game Ownership Problem?
In short, this bill doesn’t actually change the current rules about whether a gamer owns a title they purchase digitally or not. It’s designed to help educate consumers about what they’re about to spend their money on so they can make an informed decision before agreeing to the purchase. While it may be helpful to some consumers, it doesn’t resolve the underlying problem of potentially losing access to a digital product.
There are currently other initiatives that attempt to go further with this, like theEU Stop Killing Games initiative, which would prevent game developers or publishers from locking gamers out of multiplayer titles once official servers are shut down. Some games have essentially become unlocked at this point, allowing gamers to keep playing them locally or through private servers, but this typically isn’t the case. It remains to be seen, however, if its supporters will get what they want.
