The UK government has said it won’t tighten the law to protect video game fans who feel ripped off when a product they’ve bought becomes unusable – such as when a live-service game sees its servers switched off.
In a lengthy statement, the government said it “had no plans to amend consumer law on digital obsolescence”, and that video game companies would simply continue to be bound by existing legislation.
Almost 13,000 people had signed a petition stating that current laws do not do enough to dissuade video game companies from switching off games, partly or fully, “as a form of planned obsolescence” – leaving owners unable to continue using their purchase.
“We are aware of issues relating to the life-span of digital content, including video games, and we appreciate the concerns of players of some games that have been discontinued,” the UK government said.
“Video games sellers must comply with existing consumer law – this includes the Consumer Rights Act 2015 (CRA) and Consumer Protection from Unfair Trading Regulations 2008 (CPR). However, there is no requirement in UK law for software companies to support older versions of their products.
“Decision-making is for those companies, taking account of commercial and regulatory factors and complying with existing consumer law. There may be occasions where companies make decisions based on the high running costs of maintaining older servers for games with declining user bases.”
So, what are the provisions under existing law?
The CRA requires that products are fit for purpose and sold as described to consumers, and the government has acknowleged this extends to digital content, such as games bought via Steam or the Nintendo eShop, as well as physical items such as boxed games that contain a cartridge or disc.
But the government’s response here also acknowledges that “it may be difficult and expensive for businesses to maintain support” over time. Ultimately, the government simply states that “if software is offered for sale that is not supported by the provider, then this should be made clear” – although in the majority of cases, video games are sold in a working condition, only for services to be switched off later.
The CPR, meanwhile, covers the information about a product available to a consumer at the time of purchase, and is designed to ensure buyers can make informed decisions about what they buy.
“If consumers are led to believe that a game will remain playable indefinitely for certain systems, despite the end of physical support, the CPR may require that the game remains technically feasible (for example, available offline) to play under those circumstances,” the government wrote.
It’s interesting to see live-service battler MultiVersus take this approach when it shuts down – this time for good. Publisher Warner Bros has said the game will remain playable offline for those who previously bought a copy.
What can you do if you think the law has been broken? You can report a breach of the CPR to Citizens Advice, which can then refer complaints to Trading Standards and the Competition and Market Authority (CMA), which enforce the legislation. The recent Digital Markets, Competition and Consumers Act (DMCC) links into this, and from April will give the government “the power to add, amend or remove” any commercial description deemed unfair.
The other side to the loss of games is the disappearance of the creative work itself – something that has been highlighted by a growing awareness of the need for proper video game preservation. Silent-era American films have a better survival rate than classic video games – and as Will Butler summarised today, despite some improvements there is still a lot of work to be done.