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US Congressman Proposes Bill to Protect Digital Video Game Ownership

New legislation aims to mandate offline modes and prevent arbitrary digital game license revocations.

Engadget2 min

1Legislative Push for Ownership

Representative Ritchie Torres plans to introduce the Power to the Players Act to protect consumer rights in digital gaming. The bill aims to ensure that players maintain access to games they have purchased, countering the current industry trend where digital licenses can be revoked by publishers at any given moment without warning.

2The NBA 2K25 Precedent

The proposed legislation specifically highlights NBA 2K25 as a primary example of current ownership issues. Released in 2024 for seventy dollars, the title faces removal from digital storefronts on October 30. With server shutdowns scheduled for December, players effectively lose access to the product they bought just two years after its initial launch.

3Mandating Offline Functionality

The Power to the Players Act would direct the Federal Trade Commission to enforce new standards for software companies. Publishers would be required to provide an offline mode for games when online servers are taken down. This shift aims to restore the historical norm of physical ownership to the modern digital software landscape.

4Broader Digital Media Implications

Torres suggested that these protections could eventually extend beyond the gaming industry. The proposed framework might inspire similar legislative efforts for other digital goods, including movies, music, and books. By challenging the current licensing model, the bill seeks to redefine the relationship between digital content providers and their paying consumer base.

5Challenges in Legislative Success

The bill faces significant hurdles, including the possibility of stalling in committee. A similar legislative attempt in California failed earlier this June, highlighting the difficulty of passing such protections at the state level. The path forward remains uncertain as the proposal transitions from a conceptual announcement to a formal draft for congressional review.

6Impact of Chevron Deference

The 2024 Supreme Court decision to overturn Chevron deference significantly complicates the FTC's regulatory power. Previously, courts deferred to agency interpretations of ambiguous legislation. Now, the commission faces a higher burden to prove its authority, potentially leaving the proposed gaming regulations vulnerable to judicial challenges similar to the recent noncompete clause ban.

7Industry and Consumer Alignment

The bill aligns with the Stop Killing Games campaign, a movement advocating for permanent access to purchased software. By focusing on the distinction between owning a game and holding a temporary license, the movement seeks to hold publishers accountable. This grassroots pressure provides a foundation for the legislative efforts currently being proposed by Torres.

8Future Regulatory Landscape

The success of this bill depends on whether the FTC can effectively regulate the gaming industry under current legal constraints. If passed, it would represent a major shift in digital consumer rights. Stakeholders must monitor how the commission navigates its limited authority to enforce these new rules against major software publishers.

Original article: Engadget — US Congressman Proposes Bill to Protect Digital Video Game Ownership