Ubisoft is defending itself against a class-action lawsuit filed after the shutdown of its game, The Crew, by claiming users only purchased a limited license to access the game.
Ubisoft filed a response to the lawsuit in February 2025, requesting its dismissal. The company argued that the plaintiffs knew they were buying a limited license due to “explicit warnings on The Crew’s packaging.” According to Ubisoft, the Xbox and PlayStation packaging contain a clear and conspicuous notice stating that “UBISOFT MAY CANCEL ACCESS TO ONE OR MORE SPECIFIC ONLINE FEATURES UPON A 30-DAY PRIOR NOTICE.” The packaging also warns of the requirement for an online connection, with the PlayStation package stating “ONLINE PLAY (REQUIRED)” and the Xbox package noting that The Crew “REQUIRES INTERNET.”
A review of The Crew’s packaging on MobyGames confirms the presence of these messages. However, it is debatable whether these warnings are “clear and conspicuous.” The concept of “clear and conspicuous” warnings has been discussed in the gaming industry, particularly in the context of the CS:GO Lotto case, which resulted in the FTC issuing an order requiring influencers to “clearly and conspicuously disclose” any connections to products or services they’re promoting.
The issue of “ownership” versus “licensing” of digital games is central to the lawsuit. A Ubisoft executive previously sparked controversy by stating that gamers should get used to not owning their games. The state of California proposed a law requiring game sellers to provide “clear and conspicuous” warnings to consumers that the games they purchase could be taken away at any time. In response, Steam added a disclaimer to its purchase page warning that “a purchase of a digital product grants a license for the product on Steam.”
Ubisoft’s defense also argues that the plaintiffs received the benefit of their bargain by playing the game for years before the shutdown. The company cites the Mai v. Supercell Oy case, where the court ruled against the plaintiffs because they received what they paid for. Ubisoft claims that the plaintiffs in the current case similarly received what they paid for, as they enjoyed access to The Crew for years.
The plaintiffs amended their complaint in March 2025, addressing the issues raised by Ubisoft. They argued that The Crew’s virtual currency was equivalent to gift certificates, which are not allowed to expire under California law. The amended complaint also included images of The Crew’s packaging showing that the activation code for the game does not expire until 2099, implying that the game would remain playable until at least that year. The case is ongoing.
