Ubisoft has maintained that purchasing a game does not grant players "unfettered ownership rights" to it, but rather a "limited license to access the game."

These remarks from Ubisoft come as the company seeks to dismiss a case filed by two dissatisfied players of The Crew. The gamers took legal action against Ubisoft for terminating the original racing game last year.

Launched in 2014, The Crew is no longer playable. All versions of the game, whether physical or digital, and regardless of prior ownership, cannot be purchased or played as the servers were completely shut down at the end of March 2024.

While Ubisoft took steps to develop offline versions of The Crew 2 and its sequel, The Crew: Motorfest, allowing players to continue enjoying these games, no such provisions were made for the original title.

"Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that the all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed," the initial lawsuit stated.

As reported by Polygon, the plaintiffs accused Ubisoft of breaching California's False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, alongside allegations of "common law fraud and breach of warranty claims." They further argued that Ubisoft contravened California's state law regarding gift cards, which are not permitted to expire.

The gamers also presented images showing the activation code for the racing game, which does not expire until 2099, suggesting that "[The Crew] would remain playable during this time and long thereafter."

Unsurprisingly, Ubisoft disagrees with these claims.

"Plaintiffs allege that they purchased physical copies of The Crew under the belief that they were obtaining unfettered access to the game in perpetuity. Plaintiffs 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 stated.

"The essence of the plaintiffs’ complaint is that Ubisoft allegedly misled purchasers of its video game The Crew into believing they were purchasing unfettered ownership rights in the game, rather than a limited license to access the game. But the reality is that consumers received the benefit of their bargain and were explicitly notified, at the time of purchase, that they were purchasing a license."

The response also notes that the packaging for Xbox and PlayStation versions includes 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."

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

Notably, digital marketplaces like Steam now display an upfront warning to customers that they are purchasing a license, not a game. This adjustment followed a law signed by California Governor Gavin Newsom, requiring digital marketplaces to clarify to customers that they are buying a license to media rather than the media itself.

It's important to note that while the new law mandates transparency about the nature of purchases, it does not prevent companies from withdrawing access to content, but it ensures they must inform customers of the true nature of their purchase before they finalize it.