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

Ubisoft has maintained that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game." This statement comes as the company sought to dismiss a lawsuit initiated by two disgruntled players of The Crew, who took legal action after Ubisoft shut down the original racing game in the previous year.

Released in 2014, The Crew is no longer playable. All versions of the game, whether physical or digital, have been rendered inaccessible, with servers being shut down completely at the end of March 2024. In contrast, Ubisoft took steps to develop offline versions of The Crew 2 and its sequel The Crew: Motorfest, allowing players to continue enjoying these titles, but no such measures were implemented for the original game.

Towards the end of last year, two gamers filed a lawsuit against Ubisoft, asserting that 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 used an analogy, stating, "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."

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 also argued that Ubisoft violated California's state law regarding gift cards, which are not permitted to expire.

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

Ubisoft, however, disagrees with 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. 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."

The company'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."

Ubisoft's lawyers also pointed out 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. Should this motion fail and the lawsuit proceed, the two plaintiffs are seeking a jury trial.

Notably, digital marketplaces like Steam now provide 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, mandating 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 requires transparency about the nature of the purchase, it does not prevent companies from discontinuing access to the content. However, it ensures that customers are aware of the true nature of their purchase before they make it.