Although the law has not yet taken effect, a bill requiring playability has already been approved at one level of the legislative process.
While the Stop Killing Games initiative continues to make significant progress toward its ultimate goal of preserving games in Europe, the Protect Our Games Act in the United States has just passed its first major milestone on a road that could bring serious changes to the gaming industry. The proposal recently won a vote in the California State Assembly and is now heading to the State Senate on its way toward becoming law. The bill passed the California Assembly by a vote of 43 to 16. If the State Senate also approves it, the final version may then be sent to the governor for approval. Once it reaches the governor, the bill must either be rejected or approved within 10 days.
If it gets that far and the governor signs it, it will technically only become California state law, but that will not stop it from affecting the global games industry. The proposed law would require publishers to ensure that paid games remain playable for the people who purchased them even after online servers are shut down. Concord is one of the best-known examples of a paid game being taken offline after launch. Players received refunds, but at the moment there is nothing preventing publishers from simply refusing to offer refunds if they choose not to. Of course, Sony would have angered many people if it had not refunded Concord, but nothing would have legally forced the company to do so.
Under this bill, we could still receive refunds, but it could also become possible to keep playing a purchased game even after its online servers go offline. Outriders, which has no offline mode, better illustrates the kind of game this bill would apply to: titles that were not shut down immediately, remained on store shelves for years, and could be closed at any moment because they currently cannot be played offline. Another example from Ubisoft is The Crew, which inspired the Stop Killing Games initiative. However, neither game would fall under the bill’s criteria if it is passed, because the bill only applies to games released after January 1, 2027. Even so, it would completely change how publishers approach paid online multiplayer games that are not free-to-play.
If this law takes effect, it could set a precedent for a later law focused on free-to-play titles and microtransactions. Many free-to-play games that shut down recently did not offer players refunds for purchased premium currency, instead encouraging them to spend those premium coins as quickly as possible before the servers went offline.
