Ubisoft Faces Lawsuit Over The Crew: Players Claim No Ownership of Purchased Games

Ubisoft has firmly stated that purchasing a game does not grant players "unfettered ownership rights" but rather a "limited license to access the game." This stance was articulated as the company moved to dismiss a lawsuit filed by two dissatisfied players of the now-defunct racing game, The Crew, which Ubisoft shut down last year.

The Crew, released in 2014, is no longer playable. All versions of the game, whether physical or digital, are inaccessible, with the servers officially going offline at the end of March 2024. While Ubisoft provided offline versions for The Crew 2 and its sequel, The Crew: Motorfest, allowing continued play, no such option was extended to the original game.

At the end of last year, the two gamers took legal action against Ubisoft, asserting that they believed they were "paying to own and possess the video game The Crew" rather than merely purchasing a license for its use. Their lawsuit likened the situation to buying a pinball machine only to find it stripped of essential parts years later.

As reported by Polygon, the plaintiffs accused Ubisoft of breaching California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside claims of common law fraud and breach of warranty. They further argued that Ubisoft violated California's state law on gift cards, which are not permitted to expire. The gamers presented images of the game's activation code, valid until 2099, suggesting that The Crew should remain playable well into the future.

Ubisoft, however, refutes these claims. Their legal team stated that the plaintiffs believed they were buying perpetual access to The Crew and were upset that Ubisoft did not offer an offline, single-player patch when the servers were shut down in March 2024. Ubisoft's response emphasized that consumers were clearly informed at the time of purchase that they were acquiring a license, not ownership. They pointed out that the Xbox and PlayStation packaging included a prominent notice in all capital letters, stating that Ubisoft could cancel access to specific online features with 30 days' prior notice.

Ubisoft has filed a motion to dismiss the case, but if unsuccessful, the plaintiffs are seeking a jury trial.

In response to such issues, digital marketplaces like Steam now explicitly warn 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 clarify the nature of digital purchases. While this law does not prevent companies from removing access to content, it ensures that consumers are informed about the licensing terms before making a purchase.