California bill would require patches or refunds when online games shut down

California lawmakers are considering a bill that would require online game publishers to provide patches or refunds when their games are shut down, aiming to protect consumers’ access and investment in digital entertainment.

The proposed legislation, known as the Protect Our Games Act, has received support from the gaming advocacy group SKG, which emphasizes the importance of ongoing access to live service games. The bill is currently advancing through the California Assembly’s Privacy and Consumer Protection and Judiciary committees, marking a significant step in legislative progress.

However, the bill faces opposition from the Entertainment Software Association (ESA), which argues that it misrepresents how modern game distribution functions. The ESA states that consumers receive a license to access games, not ownership rights, and that shutting down outdated games is a natural part of software lifecycle management. They also warn that the bill could impose unreasonable licensing obligations on publishers, especially regarding music and intellectual property rights, which are often negotiated on a limited basis.

Why It Matters

If enacted, the bill could set a precedent for consumer rights in digital media, compelling game publishers to maintain online services or offer refunds, thus potentially altering the business models of live service games. It raises questions about the legal and logistical feasibility of indefinite game availability and could influence future legislation on digital content rights and preservation.

Background

The bill’s progress follows increasing public concern over the loss of access to online games when servers shut down, a common occurrence as games age or companies change focus. Similar debates have occurred in the UK, but legislative action there has stalled. The California bill represents one of the most concrete efforts to address these issues legislatively in the U.S., with support from consumer advocacy groups but opposition from industry representatives.

“There is no other medium in which a product can be marketed and sold to a consumer and then ripped away without notice… end-of-life procedures are essential tools to ensure prolonged access to the games consumers pay to enjoy.”

— SKG

“Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work. The bill would impose unreasonable expectations on publishers regarding licensing rights for music or IP rights.”

— Entertainment Software Association

What Remains Unclear

It is not yet clear whether the bill will pass all legislative hurdles or how publishers will adapt to potential requirements for patches or refunds. Details about enforcement mechanisms and specific technical obligations remain to be clarified as the legislative process continues.

What’s Next

The bill will undergo further review and debate in the California Assembly and Senate. If approved, it will proceed to Governor Gavin Newsom for signature. Stakeholders will closely watch how the legislation is implemented and enforced.

Key Questions

What exactly would the bill require from game publishers?

The bill would require publishers to provide patches to keep online games playable or offer refunds if they are shut down, though specific implementation details are still being defined.

Could this legislation impact how game companies operate?

Yes, it could force companies to allocate resources for ongoing support or refunds, potentially affecting their business models and licensing agreements.

Does this bill apply to all online games?

The bill specifically targets online live service games, but the exact scope and definitions are still being finalized as it advances through legislation.

What are the main arguments against the bill?

The ESA and industry representatives argue it misrepresents software licensing, imposes unreasonable obligations, and could complicate licensing for music and intellectual property rights.

When could this legislation become law?

If passed by the California legislature and signed by the governor, the bill could become law within the next legislative session, though timelines are uncertain.