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

Ubisoft has clarified that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This statement comes amidst their efforts to dismiss a lawsuit filed by two disgruntled players of The Crew, who took legal action after Ubisoft shut down the original racing game in 2023.

As of the end of March 2024, The Crew is no longer playable. This applies to all versions of the game, whether physical or digital, and even for those who already own it. Ubisoft's decision to terminate server support has rendered the game completely inaccessible.

In contrast, Ubisoft developed offline versions of The Crew 2 and its sequel The Crew: Motorfest, allowing players to continue enjoying these titles. However, no such measures were implemented for the original game.

At the close of last year, two gamers filed a lawsuit against Ubisoft, asserting they were under the impression they were "paying to own and possess the video game The Crew" rather than merely paying for a "limited license to use The Crew."

The initial lawsuit used an analogy to illustrate their point: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the paddles are missing, the pinball and bumpers are gone, and the monitor displaying your 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, along with claims of "common law fraud and breach of warranty." They further argued that Ubisoft contravened California's state law regarding gift cards, which are not allowed to expire.

The gamers provided evidence in the form of images showing the activation code for The Crew, which clearly indicates it does not expire until 2099, suggesting to them that the game "would remain playable during this time and long thereafter."

Ubisoft, however, disputes these claims. Their legal team stated, "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 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 response further clarified, "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."

They added that the Xbox and PlayStation packaging includes 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, but should the lawsuit proceed, the two plaintiffs are seeking a jury trial.

Notably, digital marketplaces like Steam have started including an upfront warning to customers that they are purchasing a license, not a game. This change followed a law signed by California Governor Gavin Newsom, compelling digital marketplaces to clearly inform customers about the nature of their purchases. However, this law does not stop companies from removing access to content, but it does require them to be transparent about the licensing terms before a purchase is made.