A popular phrase on the Web says: “You will pay for everything, and you will own nothing”. If we look closely at content changes on certain platforms and the arbitrary disappearance of some video games, it’s clear that the distortion of the word “purchase” has entered an extreme phase. However, we are already seeing legal responses, such as California’s AB-2426, focused on false advertising of digital goods. What’s its goal? To apply restrictions on the use of expressions that suggest a permanent purchase, when that isn’t the case.
Last December, Sony had announced that content belonging to Discovery would disappear from PlayStation Store. The news spread across the web at the speed of light, and the impact was so great that the Japanese giant ended up negotiating an extension of rights, for a minimum of 30 months. Now, the key word is “extension”: The problem hasn’t gone anywhere, and the content acquired by users remains at risk.
Another more recent case is The Crew, a racing game Ubisoft released in 2014. On December 14, 2023, the company removed the game from all digital platforms, and announced the retirement of its servers, which materialized in March of this year. Since those servers were necessary in the single-player mode, today it is technically impossible to play The Crew. Both situations were essential to finally convince Jacqui Irwin, a member of the California State Assembly, to move forward with the AB-2426 law, signed by Governor Gavin Newsom a couple of days ago.
License purchases and false advertising, or the 'Sony-Ubisoft Law'
In relaxed terms, AB-2426 makes illegal the use of expressions like “buy” or “purchase” when the consumer is only receiving a license to access digital media. Online stores will have to publish a “clear and conspicuous” warning, indicating to the consumer that a) It is a license with special conditions and restrictions, and b) It can be revoked in the future unilaterally (in addition to removing the game), or alternatively, obtain an affirmative acknowledgment from the buyer before completing the transaction.
Logically, AB-2426 has exceptions: subscription-based services, free digital goods, and those products with availability for permanent download to an external medium and their offline use, without internet connection. The third point is what most affects players, and leaves stores like Good Old Games in a good position, which still offers downloads of local copies for each purchased game, without DRM.
The law will take effect next year.
Access the law: Click here
