New California Law Tackles Removal of Digitally Purchased Content

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As someone who has spent countless hours immersed in the digital world of gaming, I can’t help but feel a sense of relief and vindication seeing California take a stand against questionable business practices in the digital media industry. The days of buying DVDs that you truly owned are long gone, but it seems some companies have taken advantage of this shift to blur the lines between ownership and licensing.

Do you recall the instances last year and in 2020 when PlayStation attempted to secretly withdraw content that users had already purchased, or how Destiny 2 eliminated a significant amount of previously paid content? Such actions might seem unfair, but they are becoming more prevalent as we move away from physical media. To counter this trend, California is proposing a new law to safeguard consumers.

In modern times, many people acquire media digitally, which gives distributors significant control over usage. Contrastingly, when you bought a DVD in the past, ownership was straightforward since you possessed the physical item. However, with digital media, things operate quite differently. Once a DVD is purchased, it won’t cease functioning. Nevertheless, PlayStation attempted to enforce such restrictions on content from Discovery that was bought through their store. Even more frustratingly, they did so without offering refunds. After receiving public backlash, Sony reversed this decision.

In reaction to situations such as this, California Governor Gavin Newsom has enacted a new law requiring digital retailers who sell media products like films, games, and music to clearly explain to consumers that their purchase does not grant them ownership of the item. Instead, it is similar to obtaining a license for the product. Digital stores are prohibited from using terms like “buy” or “purchase” unless they first inform customers that they do not have full ownership rights over the product.

Violating the rule may result in a fine due to the prohibition of making deceptive or misleading ads, as per the current laws in California which state that it’s illegal for businesses operating there and marketing to consumers within California to make any untrue or confusing advertising claims. This law will take effect next year.

Irwin’s announcement reveals that the new law was enacted due to PlayStation’s predicament as well as Ubisoft withdrawing the license for the game “The Crew.” This implies that customers can no longer play a game they previously purchased. California is pioneering in acknowledging misleading statements made when marketing digital licenses, as suggested by Aaron Perzanowski, a law professor at the University of Michigan.

We have an update to share about The Crew 1 and its future:

— The Crew Motorfest (@TheCrewGame) December 14, 2023

Assemblymember Jacqui Irwin emphasized that as retailers shift towards selling digital content, it’s crucial to strengthen consumer protections. She explained that AB 2426 aims to put an end to misleading advertising by sellers of digital media, who might claim consumers own their purchases when this is not the case.

Moving towards digital content instead of traditional media means consumers need to grasp the conditions of their purchases more than ever. While this doesn’t prevent stores from deleting digital content, California’s law provides a solid foundation. It’s encouraging to see other states considering similar measures to give customers control over their financial resources.

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2024-09-27 20:02