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US Representative Proposes Power to Players Act for Digital Ownership

New legislation aims to classify video game purchases as ownership rather than revocable licenses.

1Legislative Shift in Ownership

Representative Ritchie Torres has introduced the Power to Players Act to redefine video game purchases. The bill aims to transition consumer status from holding a revocable license to actual ownership. This proposal seeks to ensure that players retain access to their purchased content long after official support or server operations have ceased.

2Addressing Server Shutdowns

The legislation specifically targets practices like those seen with NBA 2K25, which is scheduled to become unplayable on December 31, 2025. By directing the FTC to intervene, the bill attempts to prevent companies from rendering paid software inaccessible. This move addresses the growing frustration regarding the impermanence of modern digital game purchases.

3Digital Market Dominance

Sony reported that digital downloads accounted for 82 percent of full-game unit sales on PlayStation 4 and 5 platforms. This shift toward digital distribution has intensified concerns about game preservation. With less than 20 percent of sales occurring via physical media, the industry is increasingly reliant on centralized server availability for access.

4Limitations of Physical Media

Physical discs no longer guarantee permanent access, as many titles require online servers to function. End-user license agreements often categorize these purchases as revocable licenses rather than property ownership. Furthermore, day-one patches frequently mean the disc content differs significantly from the final playable version, complicating long-term preservation efforts for collectors and players.

5Mandating Offline Functionality

The proposed bill requires developers to include offline modes for games that are currently online-only. This mandate aims to ensure playability even after server decommissioning. However, this requirement could force developers to fundamentally alter their software architecture, as many modern titles are deeply integrated with cloud-based services and proprietary server-side infrastructure.

6Industry and Activist Context

The bill follows ongoing pressure from movements like Stop Killing Games, which advocate for consumer rights in software access. While previous legislative attempts were criticized for demanding indefinite server maintenance, this new proposal focuses on offline functionality. It represents a strategic attempt to balance developer costs with the rights of the purchasing consumer.

7Technological Preservation Challenges

Emerging tools, including large language models and specialized coding harnesses, are enabling unauthorized decompilations of contemporary software. While these projects currently exist in a legal gray area, their scale suggests a shift in how software preservation might occur. These tools could potentially bypass traditional corporate restrictions on game access and long-term utility.

8Future Legislative Outlook

The Power to Players Act faces a long path before potentially becoming law, as most proposed legislation never reaches a final vote. With the full text not yet public, the enforceability of these regulations remains uncertain. The outcome will depend on how the government balances corporate intellectual property rights against consumer protection.

Original article: Ars Technica - All content — US Representative Proposes Power to Players Act for Digital Ownership