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Ubisoft faces a proposed class action lawsuit filed by two gamers Due to the Shutdown of The Crew

by Anochie Esther
November 13, 2024
in Business, Gaming, News
Reading Time: 4 mins read
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The crew

Image Credits: Polygon

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Ubisoft faces a proposed class action lawsuit filed by two gamers in California over the recent server shutdown of its popular racing game, The Crew. Released in 2014, The Crew became unplayable after Ubisoft turned off its servers, citing “server infrastructure and licensing constraints” as reasons for the shutdown. Unlike other games that have implemented an offline mode after server closure, The Crew does not have this option, leaving players unable to access the game they thought they owned. This lawsuit, filed in early November 2024, highlights the complex issue of ownership versus licensing in digital media, especially video games.

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Ubisoft launched The Crew as an ambitious, open-world racing game in December 2014. The game required online connectivity, as it offered no single-player or offline mode. When Ubisoft announced the server shutdown in December 2023, players knew it would become entirely unplayable. Although Ubisoft offered refunds to customers who had recently purchased the game, those who bought it years ago, including the two plaintiffs who acquired it in 2018 and 2020, were excluded from this compensation offer.

The plaintiffs argue that they did not expect their access to the game would be restricted after purchasing a physical disc version of The Crew. The lawsuit, which seeks to be certified as a class action, alleges that Ubisoft misled buyers into thinking they were purchasing full ownership of the game when, in reality, they were only acquiring a license. The plaintiffs argue that Ubisoft falsely implied that the game files on the physical discs would remain accessible, a premise undermined by the company’s server shutdown decision.

The Ownership vs. Licensing Debate in the Digital Age

The dispute over The Crew’s shutdown highlights a long-standing problem in digital media: the distinction between owning and licensing products. In the world of physical goods, when someone buys a product, they expect full ownership and lasting access. However, digital goods, including video games, are often licensed, not sold outright. This means that companies retain control over certain aspects, like server access, which can impact users’ ability to play.

Lawyers for the plaintiffs used a metaphor to describe their grievances: “Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that all the paddles are missing, the pinball and bumpers are gone.” By ending server support for *The Crew*, Ubisoft essentially “gutted” the game, removing players’ ability to enjoy it. The plaintiffs argue that if they had known Ubisoft could make The Crew inaccessible at any time, they would not have purchased the game or would have reconsidered the terms.

 Legal and Consumer Implications of Game Shutdowns

This lawsuit isn’t just about The Crew; it brings attention to a wider trend in the gaming industry where companies shut down online-only games, leaving players without the products they thought they owned. Ubisoft’s move stands in contrast to other developers who, upon shutting down servers, provide offline modes. Games like Knockout City and Ubisoft’s own Assassin’s Creed II and Assassin’s Creed III offered single-player options after their servers went offline, a move that The Crew’s plaintiffs argue Ubisoft should have implemented.

Ubisoft has announced plans to provide offline versions for current and future games in The Crew franchise, such as The Crew 2 and The Crew Motorfest. However, these measures do not resolve the frustrations of The Crews original players, who were effectively locked out of a game they assumed would remain accessible.

The issues raised by The Crew shutdown have sparked wider advocacy for preserving digital games. YouTube creator Ross Scott’s “Stop Killing Games” campaign urges companies to keep games accessible even after server shutdowns. The campaign has gained traction, with over 379,000 signatures calling on the European Union to legislate for long-term digital preservation. Advocates argue that consumers should not lose access to digital products they purchased, even if companies discontinue them.

In California, new legislation introduced by Assemblywoman Jacqui Irwin, inspired partly by The Crew shutdown, aims to bring more transparency to digital sales. Signed into law by Governor Gavin Newsom, this bill mandates that companies clearly state when consumers are purchasing licenses rather than full ownership. While this law doesn’t change the licensing model or prevent games from becoming unplayable, it does require companies to be transparent with customers. The bill represents a step toward clarifying digital transactions, although it does not address the underlying issue of permanent accessibility.

For consumers, the legal battle over The Crew raises a significant question about whether they genuinely “own” digital games and media. The rise of online-only games has brought into focus the risks associated with buying games that require server access. Many players, particularly those who buy physical discs, feel misled when they find out they only purchased temporary access rather than lasting ownership. Without industry-wide standards for maintaining accessibility, digital media consumers are left in a precarious position.

The outcome of this lawsuit could have far-reaching implications for the gaming industry, especially if the court sides with the plaintiffs. A favorable ruling could pressure gaming companies to reconsider their licensing models and even encourage new consumer protections that mandate offline accessibility after server shutdowns.

The lawsuit over The Crew shutdown reflects growing dissatisfaction among consumers with the digital licensing model. As the gaming industry moves toward online services and away from offline accessibility, disputes like this are likely to become more frequent. Ubisoft’s decision not to implement an offline mode in The Crew reveals a disconnect between industry practices and consumer expectations.

The lawsuit’s outcome will be closely watched, not only by Ubisoft and The Crew players but also by other companies and consumer advocates. As digital media continues to evolve, the gaming industry faces increasing pressure to balance innovation with long-term accessibility, honoring players’ expectations of owning what they buy.

Tags: #Class action suitGamingThe CrewUbisoft
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