California Governor Gavin Newsom has signed into law a bill that could potentially change how digital storefronts like Steam and the Epic Games Store present their offerings to consumers. Assembly Bill 2426, set to take effect next year, targets the often misleading language used in online marketplaces for digital media, including video games, movies, music, and ebooks.
The new legislation prohibits digital storefronts from using terms such as “buy” or “purchase” unless they explicitly inform customers they aren’t gaining unrestricted access to the content. Instead, the law requires these platforms to clearly state that consumers are acquiring a revocable license, and must provide a comprehensive list of restrictions associated with the license.
This law comes as a direct response to recent controversies involving major players in the digital entertainment industry. For instance, Ubisoft’s decision to delete The Crew from players’ accounts after shutting down the game’s servers, and Sony’s initial plan to remove purchased Discovery content from PlayStation libraries, among others.
The legislation aims to address a growing concern in the digital age: the concept of “disappearing” purchases.
The need for robust consumer protections for digital media purchases has become increasingly apparent. The law seeks to bridge the gap between consumer expectations and the reality of digital licensing agreements.
Under the new regulations, digital storefronts will need to overhaul user interfaces and purchasing processes, with the familiar “Buy Now” buttons replaced with more accurate descriptors like “License Now” or “Acquire Limited Access.”
If it’s implemented right, this increased transparency can empower consumers and the decisions they make surrounding digital purchases. By understanding that they are acquiring a license, users may approach digital content acquisition with a more informed mindset, afffecting purchasing habits and expectations.
It’s important to note that the legislation doesn’t apply to stores with “permanent offline” downloads. Thus, it recognizes the distinction between fully downloadable content and content that relies on ongoing server support or platform access.
The impact of this law extends beyond mere terminology. It challenges fundamental business models of many digital platforms and raises questions about the nature of ownership. As physical media becomes increasingly obsolete, the concept of truly owning digital content has become more abstract and complex.
Digital licenses often provide fewer rights than physical ownership. Unlike a physical book or game disc, which you can resell, lend, or give away, digital licenses are non-transferable and subject to the whims of the license issuer although Steam has has made it easier to share digital games across multiple users with their latest update.
As one of the largest consumer markets in the United States, California’s regulations often influence business practices nationwide. Digital storefronts may have little to no choice but to implement platform-wide changes than create separate systems for California users. This law may even prompt discussions about the responsibilities of digital platforms in maintaining access to licensed content and the potential need for digital archiving initiatives.
While the law is a significant step towards consumer protection, it does not address all concerns related to digital licensing. Issues such as a user’s right to resell digital licenses, the ability to transfer licenses between platforms, and the long-term preservation of digital content remain unresolved.
Nevertheless, the law could potentially lead to demands for lower prices for licensed content compared to fully owned physical media, or calls for more robust and permanent access rights for digital purchases.
By forcing more transparency from digital storefronts, it sets the stage for a more informed and empowered consumer base.
