Ubisoft Sued Over The Crew: Ownership Rights Challenged

Ubisoft has made it clear that purchasing a game does not grant players "unfettered ownership rights," but rather a "limited license to access the game." This stance was reiterated as the company moved to dismiss a lawsuit filed by two disgruntled players of The Crew. These players sued Ubisoft after the company shut down the original racing game in 2023.

As of 2014, The Crew is no longer playable. No iteration of the game—be it physical or digital—can be purchased or played, as the servers were completely shut down by the end of March 2024. While Ubisoft took steps to develop offline versions for The Crew 2 and its sequel The Crew: Motorfest, no such efforts were made for the original game.

At the close of last year, two gamers initiated legal action against Ubisoft, asserting they believed they were "purchasing ownership and possession of the video game The Crew," rather than a "limited license to use The Crew." Their lawsuit painted a vivid picture: "Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the paddles are missing, the pinball and bumpers are gone, and the monitor displaying your high score is removed."

As Polygon reported, the plaintiffs accused Ubisoft of violating 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 alleged that Ubisoft contravened California's state law regarding gift cards, which are not supposed to expire. To bolster their case, the gamers presented images showing that the activation code for The Crew was valid until 2099, suggesting to them that the game "would remain playable during this time and long thereafter."

Ubisoft, however, disputes this interpretation. "Plaintiffs allege that they purchased physical copies of The Crew under the belief that they were obtaining unfettered access to the game in perpetuity. They 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 legal team argued. They emphasized that consumers were explicitly informed at the time of purchase that they were acquiring a license, not ownership.

Ubisoft's response highlighted that the packaging for Xbox and PlayStation versions included 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."

The company has filed a motion to dismiss the case. Should this motion fail and the lawsuit proceed, the two plaintiffs are seeking a jury trial.

In response to such issues, digital marketplaces like Steam now provide an upfront warning to customers that they are purchasing a license, not a game. This change followed the signing of a law by California Governor Gavin Newsom, mandating digital marketplaces to clarify the licensing nature of media purchases. While this law does not prevent companies from withdrawing access to content, it ensures customers are aware of the nature of their purchase before committing to it.