Ubisoft Sued Over The Crew: You Don't Own Bought 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 sought to dismiss a lawsuit initiated by two dissatisfied players of The Crew, who challenged Ubisoft in court over the termination of the original racing game last year.

Released in 2014, The Crew is no longer playable. Regardless of whether the game was purchased in physical or digital format, no version of it can be played following the complete shutdown of its servers at the end of March 2024.

In contrast, Ubisoft implemented measures to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, ensuring players could continue enjoying these games. However, no such provisions were made for the original The Crew.

At the close of last year, two gamers filed a lawsuit against Ubisoft, 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."

The lawsuit drew 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 violating California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, as well as committing "common law fraud and breach of warranty claims." They also contended that Ubisoft contravened California's state law regarding gift cards, which prohibits expiration dates.

The gamers further supported their case with images showing the activation code for the game, which explicitly states that it does not expire until 2099. They argued that this implies "that [The Crew] would remain playable during this time and long thereafter."

In response, Ubisoft's legal team countered, "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 emphasized, "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 company's response also noted that Xbox and PlayStation packaging features 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 moved to dismiss the case. Should this motion fail and the lawsuit proceed, the plaintiffs are seeking a jury trial.

Notably, storefronts like Steam now provide an upfront warning to customers, clarifying that they are purchasing a license, not a game. This change followed a law signed by California governor Gavin Newsom, requiring digital marketplaces to clearly inform customers that they are acquiring a license to media, not outright ownership.

While this law does not stop companies from withdrawing content, it mandates transparency about the nature of the purchase before the transaction is completed.