GameSpot may receive revenue from affiliate and advertising partnerships for sharing this content and from purchases through links.

You Think You Own Your Digital Games? California Law Says Otherwise

New legislation requires digital storefronts to clarify licensing terms to customers.

62 Comments

California Governor Gavin Newsom has signed a law, AB 2426, to address concerns over "disappearing" purchases of digital media, including games, movies, music, and ebooks. The law mandates that digital storefronts inform customers they are acquiring a license to use these products rather than indicating actual ownership, as reported by The Verge.

Effective next year, the legislation prohibits digital retailers from using terms like "buy" or "purchase" unless they clearly state that customers do not receive unrestricted access. Retailers must disclose that these licenses can be revoked and provide a list of associated restrictions. Companies that fail to comply may face fines for false advertising.

This law emerges as digital game sales surge and subscription models dominate the industry, prompting questions about ownership. The gaming community is increasingly aware that titles may not be accessible in the future. An episode of GameSpot's Spot On earlier this year discussed a hypothetical scenario in which, wanting to revisit a game like Alan Wake 2 in 2045, players could find it unavailable due to the shift away from physical sales.

The legislation responds to practices by major companies like PlayStation and Ubisoft. Earlier this year, Ubisoft removed The Crew from player accounts after shutting down its servers, while last year, Sony indicated it would remove purchased content from users' libraries before reversing that decision.

"As retailers continue to pivot away from selling physical media, the need for consumer protections on the purchase of digital media has become increasingly more important," said California Assemblymember Jacqui Irwin in a press release. "AB 2426 will ensure the false and deceptive advertising from sellers of digital media incorrectly telling consumers they own their purchases becomes a thing of the past."

While the law raises awareness about the limitations of digital licenses, it does not prevent storefronts from revoking access to purchased content. This legislation reflects ongoing efforts to clarify the nature of digital acquisitions and the evolving landscape of media ownership.

David Wolinsky on Google+

Got a news tip or want to contact us directly? Email news@gamespot.com

Join the conversation
There are 62 comments about this story
62 Comments  RefreshSorted By 
  • 62 results
  • 1
  • 2
GameSpot has a zero tolerance policy when it comes to toxic conduct in comments. Any abusive, racist, sexist, threatening, bullying, vulgar, and otherwise objectionable behavior will result in moderation and/or account termination. Please keep your discussion civil.

Avatar image for girlusocrazy
GirlUSoCrazy

5012

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

Another reason to stick with physical

2 • 
Avatar image for adrardohan
adrardohan

214

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

This is why I like disc based games and I think this will be my last console generation if they continue you this bullshit.

2 • 
Avatar image for esqueejy
esqueejy

4987

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

@adrardohan: You still only own a license to use it and that is all you have ever owned. They can literally render your physical copy unplayable if they want, particularly if it is using server-side components or goes through other checks.

This law actually helps protect consumers by forcing the companies to be more clear and upfront about that fact.

2 • 
Avatar image for adrardohan
adrardohan

214

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

@esqueejy: true. This is why I have my old consoles and game discs all my discs has the full game on it ps1 to 3 Xbox xbox360 , nes, snes , N64 , GameCube etc majority of my PS4 games ok an offline campaign gamer never clicked with online. 👍

Upvote • 
Avatar image for lion2447
lion2447

1260

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

So big companies now just have to tell us they are screwing us. Pretty pointless law.

It should have instead increased the strength in consumer rights and not allow digital purchases to just arbitrarily be taken away.

3 • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By eyeball2452

Requiring the visibility is a good thing. I love my kindle and as I understand it, Amazon does have the ability to remove books even though the file is dl'd on the device.

If I thought they'd actually remove the purchased e-books, I certainly wouldn't purchase any more digital goods from them.

2 • 
Avatar image for nintendians
nintendians

6081

Forum Posts

0

Wiki Points

0

Followers

Reviews: 139

User Lists: 0

is more like we just brought a license to play the game but we don't really owned the game.

Upvote • 
Avatar image for jenovaschilld
jenovaschilld

8028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@nintendians: Yes and no... ish. Per toa, you are indeed buying a 'license' to play a game, as the publisher and or platform, or DDP, holds the current license. But within the toa you are informed that you are just buying a temporary access to the license, which can be revoked at any time and for any reason, including modification, per whim of the platform or publisher.

Basically, you are buying a carnival ticket to ride. They can close the ride down, put a temp out of order, change it, or just close the whole damn park down for good. And you lose any and all rights for litigation over anything related to the purchase, within the toa.

And of course, you own nothing of any value after purchase.

2 • 
Avatar image for nintendians
nintendians

6081

Forum Posts

0

Wiki Points

0

Followers

Reviews: 139

User Lists: 0

@jenovaschilld: something like that, but it doesn't stop people trying to make it last forever.

Upvote • 
Avatar image for wombles
Wombles

5

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Yo NFT crypto bro's you paid for a temporary thumbnail.?

2 • 
Avatar image for mrbojangles25
mrbojangles25

61250

Forum Posts

0

Wiki Points

0

Followers

Reviews: 11

User Lists: 0

This law isn't really "saying" anything other than what we already know, or rather what we should know.

It's a small but productive step in the right direction, in keeping consumers informed of their rights.

Maybe the next step will be to legislate some sort of mandatory method of sharing or reselling digital games. Perhaps the step after that will make it illegal for singleplayer games to have online-only requirements. And maybe the next step after that will legislate for complete erasure of draconian DRM that does nothing to combat piracy.

The gaming-age population is taking over politics and it is going to be some interesting times ahead once these old folks are out of office. I can't wait.

4 • 
Avatar image for jenovaschilld
jenovaschilld

8028

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@mrbojangles25:
Good comment.

That is tough though. In the USA and UK, pretty much tech giants own the legislative system. I see no way that we would get consumers laws, like say the EU and esp Germany and Spain, where after the purchase of digital, you have at least some protections, and a bit of ownership.

I do not see, countries going against their own tech giants, for now at least. This is at least a baby step in the right direction. Sometimes just letting consumers know what they are actually purchasing with digital- is enough pause to allow them to consider their purchase, and just maybe.... choose an alternative.

I like to think of it, the way the EU is enforcing new rules, laws against Apple, and Microsoft. Sadly, big tech has just too much power here in the US and UK, but like you said, maybe as time goes on we might see some changes with a new generation of people in power. But those going into power are being backed by big tech, or not at all.

Upvote • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By eyeball2452

@mrbojangles25: You're in the wrong country. I'm not saying that we shouldn't do it, but in many cases, our laws in these circumstances dictate that businesses are required to provide enough auditable and transparent data so that a consumer or investor can make a good/informed decision. Laws generally don't dictate that people are required to make the right decision or that companies should expect or be responsible for people making good decisions.

Upvote • 
Avatar image for Vodoo
Vodoo

3881

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

Even though physical is still essentially a license, you're not dependent on someone else to maintain it so you can access it. As long as you maintain your hardware, you're good to go.

I don't believe any company has forcefully disabled a physical console game yet. Not saying it will never happen, but I don't think it's happened so far.

4 • 
Avatar image for Bamda
Bamda

924

Forum Posts

0

Wiki Points

0

Followers

Reviews: 15

User Lists: 0

@Vodoo: Owning a physical copy of a game does not guarantee that it will always function as intended. Numerous instances of this issue have been documented. It may be necessary to search online for a workaround for the specific game.

Upvote • 
Avatar image for feral411
Feral411

319

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

@Vodoo: depends. They still make single player games that require an online connection. Therefore if they disable the servers that you’re connecting to then the game will be unplayable

3 • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@feral411: It's one of the reasons I don't buy or play as many games anymore. Seems like most people don't care though.

I usually sign into Steam, but I'm not required to in order to play games dl'd like Against the Storm and Civ.

Upvote • 
Avatar image for wombles
Wombles

5

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

@Vodoo: They don't really have to just update the console removed some features and then kill it with a new ps/Xbox but emulation is just behind. how about botw on pc or any Sony exclusive on pc. New games get cracked even before release date.

Upvote • 
Avatar image for itsnota2mer
ItsNotA2Mer

1102

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Edited By ItsNotA2Mer

@Vodoo: "I don't believe any company has forcefully disabled a physical console game yet."

Sony just disabled Concord earlier this month.

2 • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@itsnota2mer: I believe GS among other sites also said they refunded everyone too.

2 • 
Avatar image for Vodoo
Vodoo

3881

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

@itsnota2mer: They also refunded the full cost people paid. It wasn't just taken away. So not the same thing, which you know. This actually proves more how digital games can be shut down because they all operate the same when connecting server side.

2 • 
Avatar image for deactivated-676d0be3d3464
deactivated-676d0be3d3464

150

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@itsnota2mer: they disabled the servers. It is an online game. A technicality, sure. But not the same thing. I have over 1000 games, physical. I can play any of them without being online.

5 • 
Avatar image for mooglestar
MoogleStar

3590

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

I know I probably should care, but I don't. Once I beat a game I'm basically done with it. Too much backlog to beat games again.

2 • 
Avatar image for Vodoo
Vodoo

3881

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

@mooglestar: I wish I had a backlog of good stuff to play. When I find a good single player game, I love to play through on NG+ with all the crap I already collected, so I can be OP in the game and, at the same time, not bother with the trivial "collecting." I usually always play through a good game at least twice, if not more. I also like perfecting ways to go about missions in games. Usually the obscure, off the beaten path type of ways that devs want people to take, but are never seen when first going through it... If that makes sense, lol. I usually have the most fun with a game on the 2nd playthrough. The Last of Us I played through probably 5 times.

3 • 
Avatar image for mooglestar
MoogleStar

3590

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

@Vodoo: Well yeah, everyone is different. Maybe you have higher standards than me, so your backlog might be smaller as a result. Or maybe you've just played a ton of games. In which case I'm jealous 😄

Upvote • 
Avatar image for deactivated-680a5fa8cce7a
deactivated-680a5fa8cce7a

612

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

TBH in recent years even new generation kids understood how this aspect of the world works because they grew up into the modern computer and internet technologies and for some reason they believe companies work for the well-being of their existence like some caring mother lol but at least the recent Ubishit BS on shutting down The Crew 1's servers and thus people cannot play this singleplayer game that has forced "online only" game system for an excuse of multiplayer and Sony removing access to their games on most of the countries due to enforcing PSN BS really woke up the most zombie narrow minded ignorant kids from their care-free dreams and thus their shit got serious lol. Now they dance on Tiktok with frowns on their faces. :DDD

However, despite how common sense that digital products can be inaccessible to you, this logic is not different from physical products so there is no need for a dramatic captain obvious reaction about it lol. For example, when you buy a table and you use it as long as you can and when you cannot use the table anymore the company that sold you the table doesn't have to provide another table to you. TBH digital products are no different but the fact that once the service is gone your digital product is gone is common sense. For example once they shut down Steam naturally all the games in your library cannot be accessible to you but you may "own" the games in your library by backing them up and crack them on your storage device and then it kinda works as partly what GOG trying to do. This is how "you own the games" but same logic apply for GOG despite they false advertising their service with "you own the game you bought on GOG because our games has no DRM" because once GOG is no more naturally you cannot access the games you got too. Getting DRM-free games just make it so that you don't have to bother cracking, it does not grant you ownership lol. Another thing is for example when it comes to electronic devices even paying for physical product doesn't make you own the device. You cannot alter it or use it for purposes other than what the company allow you as a customer. Of course who really own the product is whoever or whatever company produced it. This again is a common sense but especially not a common sense in capitalist societies like USA because they used capitalist brainwashing to attract people to their country for legal slavery disguised as "American Dream" so hard when people are products and test subjects of their government people literally distracted with owning anything, even they proud to own debts for life ayy lmao.

In the regard of what people are angry about "games and ownership" topic, people are only angry at Denuvo for it's hell to crack it (imagine your key broke down into millions of pieces and they scattered across random planets in the whole universe ayy lmao) and preventing people who backup their games. Otherwise really I never heard people believe people own the games in digital platforms (except USA citizens who call themselves "Americans" like they are the only country in the america, then Canadians are Americans too eh?). What I heard a lot is people somehow believe once Steam is gone somehow companies will send out download links to their games, however even when you buy games on Steam, companies who have their own platforms doesn't give you a license to play the game on their platform lol for thus they can make more money lol.

What should be a law in video gaming is developer cannot chang the game in a way the game cannot be playable for customers after they bought the game. For example so many people bought No Man's Sky for it had OpenGL support and after a few years they removed this support, making lots of customers cannot play the game anymore. This is a BS move. "Technically" this is really no different than company force you to open your door and barge into your home and change the physical product you bought and therefore you cannot use it anymore. What's illegal in this aspect is customer pay for the product for they agree with the current state of the product, so when you change it customer may not agree to own it. That's why what's law is when it comes to digital services sending customers an e-mail about some aspect of the service changed so if you continue to use it you agree the changed terms logic. However, in the case of No Man's Sky the situation is scamming for people paid for it because they could play it, now they cannot play it. Imagine you buy a TV, then they change it so TV is useless to you anymore. This is BS.

When it comes to law there are lots of things must be prevented because after all video games are a product concerning little kids and they can be bought without an adult know about it. To protect kids from scams of video game companies what should be prevented is false advertising, DLC, battle pass, season pass, gacha, gamble, pay to win, microtransactions, changes in system requirement, game's server shutting down with no offline mode support, always online singleplayers, Denuvo preventing offline play... et cetera. If video games were only the concern of adults video game companies from the start couldn't implement such BS into the industry. Kids are just doesn't care in what way they are being raped ayy lmao. They kinda behave like a slave who love their master because "the chains around my body is gift from my master, they look cool, they make me proud!!!" lol. Currently video game industry is very primitive but video game companies think removing blood, removing breast slider and enforcing players to play with big breasted female characters like making her have smaller breast is "pervert", making skirt of female characters longer, making male characters cover their muscles, adding transexual and gay characters, enforcing "empowering women" brainwash wave and whatnot weird mix of Arabic Islam Taliban Mentality (AITM) and LGBTQ is what video game industry needs and what makes it sell. They target little kids to brainwash them for the ideals of the utopia they wanna live in when it's actually a dystopia not many people wants. It's really funny when they expect some 6 years old kid come from school and sit and watch an hour long cutscene about gays, trans and feminist women who can be stronger than straight men ayy lmao.

Well why video game industry gone shit is just because of new generation kids and now they cry about it. Cry me an ocean or two babe so Mars can be great again. :DDD

Upvote • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By eyeball2452

@guitarwarrior66: A lot of words and 99% of them had nothing to with the topic.

3 • 
Avatar image for Psyny
Psyny

76

Forum Posts

0

Wiki Points

0

Followers

Reviews: -1

User Lists: 0

@guitarwarrior66: You are not even wrong... Your reasoning is too faulty even to achieve the state of being mistaken...

5 • 
Avatar image for deactivated-676d0be3d3464
deactivated-676d0be3d3464

150

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@guitarwarrior66: I am so sorry, my friend, hut after the 3rd paragraph, I could not go on. You logic is faulty to an extreme, and either you are mentally challenged, or you are under the influence. A digital copy of a game is like a table? Damn...

4 • 
Avatar image for Vodoo
Vodoo

3881

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

@guitarwarrior66: Really??? You couldn't wrap that up a bit tighter? And yes... I'm AMERICAN.

4 • 
Avatar image for 4p0k4lyps3n0w
4p0k4lyps3n0w

37

Forum Posts

0

Wiki Points

0

Followers

Reviews: 31

User Lists: 0

No, the problem is not the licensing. As many said, it's always been that way, even with physical media. However, the problem is some of them reaching onto your hard drive to delete files without your explicit permission to do so. This is akin to breaking and entering and removing something. Denying server side access is fine. Denying ability to run executables is fine. But altering the state of what's on your device is not fine.

3 • 
Avatar image for mogan
mogan

19983

Forum Posts

0

Wiki Points

0

Followers

Reviews: 6

User Lists: 0

mogan  Moderator

"You Think You Own Your Digital Games?"

No. And I don't think anybody else really does either.

2 • 
Avatar image for Tiwill44
Tiwill44

3911

Forum Posts

0

Wiki Points

0

Followers

Reviews: 384

User Lists: 7

Yeah, it's why we should support companies that aren't trying to get rid of physical media. It's sad that physical media died on PC, though more understandable, as PCs are used for things other than gaming and entertainment.

3 • 
Avatar image for deactivated-680a5fa8cce7a
deactivated-680a5fa8cce7a

612

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

@Tiwill44: Part of it is because games are too big for a storage device the company can provide in an unnecessary-cost free way and most people don't have disc drive anymore because downloading it is better for them... I imagined they sell HDD that contains the game ayy lmao.

Upvote • 
Avatar image for stickemup
StickEmUp

2248

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Sadly, there are tons of people who think they own digital goods, or at least think that their stuff will never actually get taken away. Physical is king.

8 • 
Avatar image for deactivated-676d0be3d3464
deactivated-676d0be3d3464

150

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@stickemup: or even DRM free. GOG over steam any day. I can download my games and have them in a 4tb hdd. For decades. And limited run, strictly limited, etc

Sony and friends is just doing what many gamers let them do.

4 • 
Avatar image for deckard26364
Deckard26364

277

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Viva La Physical!

5 • 
Avatar image for esqueejy
esqueejy

4987

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

Edited By esqueejy

"You Think You Own Your Digital Games? California Law Says Otherwise"

This is deliberately misleading click-bait. Basic contract law (coupled with IP laws) "says otherwise".

You have always been buying nothing but a license...even with the physical media (it's just that the physical media was easier to abuse). A law that requires companies to make that all the more clear to consumers is a consumer protection law meant to clarify a widespread misunderstanding people seem to harbor because the EULAs are absurdly long and written in legalese. Instead, your headline implies that CA has somehow enacted a law that takes away the ownership everyone thought they had (which they never ever had). It has not.

3 • 
Avatar image for eyeball2452
eyeball2452

141

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@esqueejy: I can't believe 3 people thumbed this up. Nintendo's not coming into your home, taking your NES and old cartridges away.

They're not going to take your Tears of the Kingdom digital game away either, but they could. It's reasonable to clarify the consumer language so that people are aware even if it's unlikely to happen.

2 • 
Avatar image for esqueejy
esqueejy

4987

Forum Posts

0

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

@eyeball2452: WTF did I say that is not accurate? I even lauded the law as worthwhile consumer protection because the whole point of what I was saying was that the headline was deliberately worded to scaremonger the law that was enacted...or at least trigger people who think they do or should "own" their games outright...and therefore the headline misrepresents the entire thing.

Upvote • 
Avatar image for bdrtfm
BDRTFM

6738

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 5

Not sure who these people were that thought they owned their digital content but, good on one guy for clearing it up in one State.

Upvote • 
Avatar image for deactivated-679b72f9bb8a2
deactivated-679b72f9bb8a2

425

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@bdrtfm: California has much bigger problems than this... but yeah, good for him keeping his name in the news, no matter how small the efforts.

2 • 
  • 62 results
  • 1
  • 2