The California state assembly has passed the 'Protect Our Games Act'
Scope of the Bill
- Applies to digitally sold games after Jan 1, 2027 that become unusable when online services end.
- Requires at least 60 days’ shutdown notice; then either an offline/alternative version or refunds.
- Explicitly excludes: subscription games, free-to-play titles, and games “inherently playable offline indefinitely.”
- Some note ambiguity around “no monetary consideration” and whether free-to-play with microtransactions really qualify as exempt.
Carveouts and Incentive Concerns
- Many argue the exclusions create a roadmap for avoidance:
- Push more games to subscriptions, free-to-play, or trivial offline modes.
- Add token “offline” features (e.g., tiny single‑player modes, model viewers) just to qualify.
- Others counter that heavy subscription pushes have already failed in the market, so incentives are limited.
Server Binaries, Middleware, and Technical Feasibility
- Popular proposal: if publishers won’t run servers, they should release server binaries or specs.
- Pushback: multiplayer backends are often complex microservice stacks using proprietary middleware, licensed components, or 3rd‑party services (Steam, PlayFab, AWS, SQL Server, GameSpy‑style services).
- Releasing binaries may violate licenses, expose shared tech, or require costly refactors.
- Some say law would, over time, push middleware vendors and studios to structure tech so end‑of‑life redistribution is possible.
Consumer Rights vs. “License” Model
- Strong disagreement over whether shutting down a paid game is fraud vs. an acceptable consequence of buying a license.
- One side: if you pay once, you should retain the ability to play; otherwise it resembles bait‑and‑switch.
- Other side: online games are services; support ending is legitimate as long as that’s clear up front.
- Some propose explicit “service until date X” labels or clearer “rent vs. buy” language.
Regulation, Markets, and Indie Impact
- Supporters see this as basic consumer protection and cultural preservation, akin to food labels or warranties.
- Critics frame it as overregulation that:
- Raises costs, especially for small/indie studios.
- Encourages shell companies and bankruptcy maneuvers to dodge obligations.
- Meta‑debate over regulation in general: inevitability of loopholes vs. “patch the law” mindset; “vote with your wallet” vs. legislate.
Preservation and Culture
- Many emphasize games as art and cultural history, citing old DOS titles and classic multiplayer scenes.
- View that forcing offline modes, self‑hostable servers, or at least non‑interference with fan servers is essential to avoid “killing” games and communities.