Ubisoft Faces Lawsuit Over The Crew: Players Don't Own Purchased 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 attempted to dismiss a case initiated by two dissatisfied players of The Crew, who sued Ubisoft following the shutdown of the original racing game in 2023.

2014's The Crew is no longer playable. All versions of the game, be they physical or digital and regardless of prior ownership, are inaccessible, with servers going dark completely at the end of March 2024.

Ubisoft took measures to create offline versions of The Crew 2 and sequel The Crew: Motorfest, allowing players to continue enjoying these titles. However, no such provisions were made for the original game.

At the end of last year, two gamers took Ubisoft to court, asserting that they had been "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."

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

As noted by Polygon, the claimants accused Ubisoft of violating California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as "common law fraud and breach of warranty claims." They also argue that Ubisoft breached California's state law regarding gift cards, which are not allowed to expire.

The gamers also presented images showing that the activation code for the game clearly states it does not expire until 2099, suggesting "that [The Crew] would remain playable during this time and long thereafter."

Ubisoft, however, holds a different view. "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 wrote.

"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."

The response also notes that Xbox and PlayStation packaging contains 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 two plaintiffs are seeking a jury trial.

Storefronts like Steam now include an upfront warning to customers that they are purchasing a license, not a game. This change followed California governor Gavin Newsom signing a law that requires digital marketplaces to clearly inform customers that they are buying a license to media, not the media itself.

It's important to note that while this new law mandates transparency, it does not prevent companies from revoking access to content. However, it ensures that customers are fully aware of the nature of their purchase before they commit.