Although it should be obvious by now, it doesn’t hurt to remember: you do not own your digital games. When you buy a digital game, you are acquiring a license to use it. Unlike when you buy a physical video game, where you purchase the game itself, in digital you are only buying the option to use it. If companies decide to stop giving you permission to use it, they are within their rights. And although they generally don’t do it because it would be terrible publicity, that doesn’t mean they can’t do it legally.
This is something that Gavin Newsom, governor of California, has decided to tackle in a radical way. By signing the AB 2426 law, all digital stores, including those offering video games, will be forced to indicate that you are acquiring a usage license, not purchasing any kind of product. Therefore, starting in 2025, websites that sell digital products will not be able to use the words “buy” or “acquire,” at least as long as they are displayed in U.S. territory.
This law is a response to situations like those we have experienced this very year with companies like Ubisoft or PlayStation. In April of this year, The Crew disappeared from the libraries of people who had purchased it at the time, as it was considered delisted when the game servers were shut down. Similarly, in March, Sony blocked access to the Stellar Blade demo for thousands of players after it was accidentally uploaded to their store, thus violating their right to access a game they had already acquired.
While this will only apply to the U.S. for now, Europe and other territories are expected to follow suit in the future. Many companies might decide to standardize their language from the beginning, regardless of the territory, to avoid dealing with the possibility of this happening.
It doesn’t just happen with video games, but with any type of digital goods such as movies, music, or e-books, among others. This law is a step towards protecting consumer rights. Therefore, also, those stores that offer services that can be used offline and cannot be removed from their devices in any way, will still be able to use the terms “buy” or “acquire” as they consider they are offering products, not licenses. Creating an interesting new future scenario for digital consumption.
