The debate of whether or not you really “own” digital content like games, movies, and books has been on full display in recent weeks, but in a win for consumers, residents in one state will soon get a better picture of what they’re really buying.
California law AB 2426, which would take effect next year, prohibits an online retailer from using words like “buy” or “purchase” for sales to state residents if the customer doesn’t truly own it forever. If you’re just licensing something, for example, an online-only video game that requires a connection to a server that can potentially close, the seller must indicate that with words like “rent” or “license.”
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This law doesn’t apply to content you can download permanently for offline use like movies or books, or to games with an offline and online component. It would apply to any movies, shows, or content you access through an online connection, and to games that require an online connection even for offline play.
Companies that violate this law will be subject to fines of up to $2,500 for each instance of false advertising.
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Since stores are now warning potential buyers that their purchase can go away at any time, there will hopefully be fewer instances of outrage like what happened when Ubisoft simply removed a popular game from players’ accounts or when Sony stated it was taking away shows that people had purchased to watch permanently (but later decided not to).
AB 2426 doesn’t prevent this from happening again, but people will hopefully at least have a heads-up. Of course, existing licensing agreements already likely warned that content wasn’t permanent, but manufacturers buried the warnings deep in legalese. Under the new law, this warning is more clear and consumers have a better idea of what they’re doing with their money.