The California law changes how digital stores sell games

The Governor of California has signed a bill that will require companies to make a change to how digital game purchases work. The invoice should help improve clarity on exactly what a customer is purchasing when they “purchase” a game on a digital store.

Many gamers have expressed frustration lately with the way “ownership” of digital games has been handled. At this point, gaming platforms can potentially remove a game from a player's account and eliminate the ability to download it at any time, regardless of whether it has been “purchased” or not. This is in addition to recent game shutdowns where customers can no longer play a purchased game independently of the software on their system.

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Now, bill AB 2426, which covers consumer protection, false advertising and digital goods, has been signed into law by California Governor Newsom. The bill is essentially an addition to an existing law in California that made it illegal to do business or advertise to customers in California with misleading or false claims. This bill will build on that by establishing strict rules that prohibit sellers from using terms like “buy” or “purchase,” unless specific rules are followed.

Essentially, if a digital retailer selling a digital good like a video game uses these terms, it must make it completely clear that the customer is purchasing a license, not a permanent copy of the game. The customer must acknowledge and agree to the terms, which include informing the customer that if the retailer loses rights to the product, the customer may have their right to use the game revoked or the game will be removed from their account. The bill not only covers games, but also applies to purchases of digital media such as music, books, magazines and videos.

Does AB 2426 solve the game ownership problem?

In short, this bill doesn't actually change the current rules on whether or not a player owns a title they purchase digitally. It is designed to help educate consumers about what they are about to spend their money on so they can make an informed decision before agreeing to purchase. While it may be helpful for some consumers, it doesn't solve the underlying problem of potentially losing access to a digital product.

There are currently other initiatives that attempt to go further, such as the EU Stop Killing Games initiative, which would prevent game developers or publishers from banning players from multiplayer titles once official servers are shut down. Some games have essentially been unlocked at this point, allowing players to continue playing them locally or via private servers, but this is generally not the case. It remains to be seen, however, whether his supporters will get what they want.