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The California state assembly has passed the 'Protect Our Games Act'

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Why This Matters

The California 'Protect Our Games Act' marks a pivotal step in safeguarding digital game preservation and consumer rights, requiring publishers to maintain access or provide compensation after game services end. This legislation could influence industry standards and consumer expectations worldwide, emphasizing the importance of digital ownership and long-term access. As digital distribution grows, such policies are crucial for ensuring gamers retain control over their purchases beyond service lifespans.

Key Takeaways

©California State Legislature

The 'Stop Killing Games' movement, which advocates for the right to continue playing games even after service termination, has achieved a significant legislative milestone in the U.S. The California State Assembly has passed the 'Protect Our Games Act,' a bill centered on protecting user rights after a game's service ends.

According to the overseas media outlet Automaton, the California State Assembly passed bill AB 1921, the 'Protect Our Games Act,' on the 27th (local time) with a vote of 43 to 16. The bill requires digital game publishers to maintain an environment where games remain accessible even after service is discontinued.

This bill is closely tied to the ongoing debate over game preservation that has persisted for several years. The controversy began in 2024 when Ubisoft shut down its racing game, 'The Crew.' By terminating server operations, Ubisoft effectively blocked purchasers from accessing the game itself, prompting some users to raise the question: 'Did we buy the game, or just a license to use it.'

Following this, the 'Stop Killing Games' movement was launched, led by YouTuber Ross Scott. The movement has argued that even for games requiring an online connection, publishers should provide a minimal playable environment after service termination or, if that is impossible, offer clear compensation to consumers. Petitions to the European Union and outreach to political figures in various countries have been part of this broader effort.

'AB 1921' is one of the first instances of bringing these demands into the institutional fold. Under the bill, companies selling digital games released or resold after January 1, 2027, must provide at least 60 days' notice before terminating service. Furthermore, they must ensure that purchasers can continue to access the game—such as by providing an alternative version or a patch—and must offer refunds if doing so is not possible.

The bill applies to digitally sold games. However, it excludes games provided via subscription services, free-to-play games, and games that are inherently playable offline indefinitely. It also prohibits the continued sale or distribution of games that have become unusable due to service termination.

The debate surrounding game preservation is heating up. The Entertainment Software Association (ESA) has recently voiced opposition to the push for expanded game preservation, arguing that opening server code or online features of discontinued games could lead to security and intellectual property issues. Conversely, the Video Game History Foundation and other preservation groups counter that games, like films and books, should be treated as cultural heritage.

The bill has not yet been fully enacted, as it still requires approval from the California State Senate and the Governor's signature. However, the fact that the bill passed the Assembly in California—home to many major U.S. game companies like EA and Activision Blizzard—is highly symbolic. If the bill is ultimately signed into law, it is expected to influence the service operation policies of the broader U.S. gaming industry.