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HomeGamingNew California law means digital retailers can't imply you're buying a game when you're simply licensing it

New California law means digital retailers can't imply you're buying a game when you're simply licensing it


When you turn on your Xbox Series X, open the Microsoft Store and purchase Farming Simulator 22You might think you own the game, but you'd be wrong. In fact, you paid for a license to play, not to own it. Companies can revoke the license at any time. It doesn't happen very often, but it does happen, especially with older games – Ubisoft made headlines earlier this year when it removed the racing game from the list. The crew In December, it took its servers offline and then began removing licenses from the game. Licensing versus owning a game becomes an issue, once again, when you consider where your games go when you die: you technically can't pass your license on to someone else, according to many companies' policies.

A new California bill (AB 2426), signed into law by Governor Gavin Newsom on Tuesday, is an attempt to bring transparency to the buying and selling of digital products like movies, e-books and, yes, video games. California Assemblywoman Jacqui Irwin introduced the bill, in part, after learning of Ubisoft's decision to The crew. The bill won't change the fact that we're all licensing games instead of owning them, but it will force companies operating in California to be more transparent about it. Companies and stores that would have to comply include Microsoft with the Microsoft Store, Valve with Steam, Sony with the PlayStation Store, Nintendo with its eShop, and publishers with their own stores, such as Ubisoft's Ubisoft Store.

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Polygon reached out to all of the above-listed companies but did not receive a response by the time of publication.

The law is expected to go into effect on January 1, preventing companies that operate digital stores from using words like “buy” or “purchase” unless the company is clear that it is selling licenses, not “unrestricted ownership interests in the digital good”. “This notice will need to be “distinct and separate” from other terms and conditions of purchase, according to the invoice. The law does not apply to subscription-based services, free downloads like demos, or companies that offer “permanent offline downloads.” ”.[s]”of digital goods. Companies will be fined for breaking the rules.

“By sending AB 2426 to Governor Newsom, California is now the first state to recognize that when digital media retailers use terms like 'buy' and 'acquire' to advertise digital media licenses, they are engaging in false advertising,” he said. the professor at the University of Michigan. Aaron Perzanowski said in an Irwin news release. “Consumers around the world deserve to understand that when they spend money on digital movies, music, books and games, those so-called 'purchases' can disappear without warning. “There is still important work to be done to ensure consumers’ digital rights, but AB 2426 is a crucial step in the right direction.”

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Digital shopping is already ubiquitous, as physical media becomes less and less easy to find. Stores like Best Buy have stopped selling physical movies altogether, and it wouldn't be surprising to see more retailers follow suit. Physical video games use the disc as a license and that disc is yours. But a company could still take servers offline, for example: access is not yet guaranteed.

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