Ubisoft Responds to Lawsuit Over The Crew Shutdown
In late February, Ubisoft filed a motion to dismiss a lawsuit from California gamers concerning the shutdown of their popular racing game, The Crew. In their filing, reviewed by Polygon, Ubisoft’s legal team argued that players could not have reasonably expected to possess “unfettered ownership rights” to the game upon purchase. The company clarified that purchasing The Crew grants players a limited access license rather than outright ownership.
Details of the Lawsuit
The plaintiffs in the lawsuit, frustrated with Ubisoft’s decision to retire the game after a notice period outlined on the product packaging, employed a broad approach to represent what they claim is a nationwide class of customers. They alleged eight causes of action, which include violations of California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act, along with claims of common law fraud and breach of warranty.
The Shutdown of The Crew
Initially released in 2014, The Crew saw its servers shut down in 2024 due to “server infrastructure and licensing constraints.” As the game operated solely online, its closure rendered it completely unplayable. Ubisoft did offer refunds to players who had made recent purchases, but many, who bought the game earlier, were unable to secure their refunds.
Ubisoft’s Argument
Throughout their legal response, Ubisoft’s lawyers contended that the plaintiffs have no grounds for their case, citing reasons such as a statue of limitations, lack of any “cognizable injury,” and what they described as insufficient arguments. Included in their response were images of The Crew packaging, which were presented to show that the game’s licensing status was clearly indicated to consumers.
Understanding Digital Ownership
It has long been established that digital media often involves licensing rather than outright sales. However, this nuance is not always apparent to consumers. The issue has come into sharper focus as technology evolves and games like The Crew are taken offline. In response to these emerging concerns, California Governor Gavin Newsom signed a bill into law in 2024 aimed at requiring companies to clearly disclose that consumers are purchasing a license, not true ownership of the game.
Development Updates from Plaintiffs
On March 18, the plaintiffs filed an amended complaint that addressed the concerns raised by Ubisoft, introducing a new allegation regarding the sale of gift certifications. They argue that the in-game currency could be classified as a gift card and claim that Ubisoft violated California law by effectively allowing credits to expire when the game shut down, given that gift cards must have no expiration dates.
The Ongoing Legal Battle
In their rebuttal to Ubisoft’s claims regarding the statute of limitations being expired, the plaintiffs shared additional photographs of the The Crew packaging, which state that the activation code does not expire until 2099. This assertion supports their claim that Ubisoft “implied” the game would remain playable well into the future. The plaintiffs contend that there was no indication that shutdown was forthcoming until the announcement in 2023.
Next Steps in the Case
With these new allegations, the gamers now have nine claims against Ubisoft and are seeking to have the court certify their class-action lawsuit. Ubisoft is expected to respond to the amended complaint by April 29, and the outcome of this case could have significant implications for the future of digital game ownership and consumer rights.
