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

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

This statement was issued in response to a lawsuit filed by two dissatisfied players of The Crew, who took legal action against Ubisoft for terminating the original racing game's service last year.

The 2014 title, The Crew, is no longer playable. No form of the game, be it physical, digital, or previously owned, can be purchased or played, as the servers were completely shut down at the end of March 2024.

While Ubisoft took steps to develop offline versions of The Crew 2 and its follow-up, The Crew: Motorfest, allowing players to continue enjoying these games, no such efforts were made for the original game.

The lawsuit used a vivid analogy: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."

As reported by Polygon, the plaintiffs accused Ubisoft of breaching California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside allegations of "common law fraud and breach of warranty claims." They also argued that Ubisoft violated California's state law on gift cards, which are prohibited from expiring.

The gamers presented evidence in the form of images showing the activation code for the game, which clearly states an expiration date of 2099, suggesting to them that "[The Crew] would remain playable during this time and long thereafter."

Unsurprisingly, Ubisoft disagrees with these claims.

"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 failure to offer 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 argued.

"The core 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. However, consumers were clearly informed at the time of purchase that they were acquiring a license."

The response also notes that the Xbox and PlayStation packaging includes a prominent notice, in all capital letters, stating that Ubisoft may terminate access to specific online features with a 30-day prior notice.

Ubisoft has filed a motion to dismiss the case. If unsuccessful, and the lawsuit moves forward, the plaintiffs are seeking a jury trial.

Digital marketplaces like Steam now display a clear 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 inform customers that they are buying a license to media, not the media itself.

It's important to understand that while this new law requires transparency about the nature of the purchase, it does not stop companies from removing access to content; it simply ensures that customers are warned beforehand.