Bill to block publishers from killing online games advances in California

The California legislature has advanced the Protect Our Games Act, a bill that would restrict publishers from shutting down online games without sufficient notice, marking a significant step in game preservation efforts.

The bill, supported by SKG and the Stop Killing Games movement, aims to prevent publishers from removing online games abruptly, ensuring consumers retain access to games they pay for. Last month, it received positive votes from the California Assembly’s Privacy and Consumer Protection and Judiciary committees. However, it still needs approval from the full Assembly and Senate before moving to Governor Gavin Newsom for signing. Industry groups like the Entertainment Software Association (ESA) have publicly opposed the bill, arguing that it misrepresents how modern game distribution works and could impose unreasonable licensing obligations on publishers. The ESA contends that online game shutdowns are a natural part of software lifecycle management, especially when licenses for music and intellectual property are limited in duration. The bill’s supporters argue it is essential to protect consumer rights in the evolving digital gaming landscape, where games are often treated as ongoing services rather than ownership. The legislation’s progress indicates growing concern over game preservation and consumer rights, although opposition from industry representatives remains strong.

Why It Matters

This development is significant because it could reshape how online games are managed and maintained, potentially requiring publishers to keep games accessible indefinitely. If enacted, the bill could set a precedent for other states and influence industry practices around game shutdowns, impacting millions of gamers and the future of digital game preservation.

Background

Game preservation has become a contentious issue as publishers increasingly treat games as live services subject to shutdowns, often with little notice. The UK Parliament debated similar concerns last November, but legislative momentum there has slowed. In California, the Protect Our Games Act reflects a broader movement advocating for consumer rights and game preservation amid industry shifts toward online-only models. The bill’s progress in California represents the first significant legislative push in the U.S. to address this issue, following growing public and advocacy group concerns.

“There is no other medium in which a product can be marketed and sold to a consumer and then ripped away without notice. End-of-life procedures are essential to ensure prolonged access to the games consumers pay to enjoy.”

— SKG spokesperson

“Consumers receive a license to access and use a game, not an unrestricted ownership interest in the underlying work. The shutdown of outdated or obsolete games is a natural feature of modern software.”

— Entertainment Software Association (ESA)

What Remains Unclear

It is still unclear whether the full California Assembly and Senate will approve the bill, or how the industry will respond if it becomes law. The legal and technical implications for publishers remain to be fully examined, and opponents continue to argue that the bill could impose unreasonable licensing requirements.

What’s Next

The bill will next be considered by the full California Assembly and Senate. If approved, it will move to Governor Gavin Newsom for signing. Industry groups are expected to continue lobbying against the legislation, and further legal or technical challenges may arise.

Key Questions

What does the Protect Our Games Act aim to do?

The bill seeks to prevent publishers from shutting down online games without providing sufficient notice, protecting consumers’ access to games they have paid for.

Why are industry groups opposing this bill?

The Entertainment Software Association and publishers argue that the bill misrepresents how modern game licensing and lifecycle management work, and that it could impose unreasonable legal and technical obligations on them.

Could this legislation affect all online games?

If enacted, the bill could require publishers to keep online games accessible indefinitely, impacting practices across the industry and potentially increasing costs and legal complexities.

What are the next steps for the bill?

The bill must pass the full California Assembly and Senate before being sent to Governor Gavin Newsom for approval. Industry opposition and legal considerations remain ongoing points of debate.