When a consumer purchases something, do they really own what they purchased? Most times the answer is yes, but recently the answer in the video game industry has been no. Several video game companies and streaming services offer games online in a digital format. The format sells access to licenses to play video games, but not ownership or a physical or offline copy of a game. Sometimes this distinction is buried in fine print.
 
The issue of ownership could get worse because in 2028 Sony will no longer produce video game discs for its popular PlayStation gaming console. So, access to games on Sony PlayStation could be subject to licensing agreements that can be changed by video game companies at any time and for any reason. This includes a video game developers’ desire to release a new version of a game and force consumers to purchase the game.
 
At the request of constituents, I will soon introduce the Protect Our Games Act to address this consumer protection issue. The legislation will require video game manufacturers to provide video game purchasers notice, options for continued use or refunds when a digital game will no longer be available online to a consumer. Under the legislation, a video game manufacturer must give 60 days’ notice if they intend to stop allowing the use or change features of a digital game. The video game company will also be required to give the purchaser one or more of the following:
 

1. the ability to use the video game offline;
2. a patch to continue using the game online independent of the companies online gaming services;
3. A refund in an amount equal to the highest price of the digital game offered by the digital game operator within the 12 months before the digital game operator ceases providing services for the ordinary use of the digital game. The refund amount cannot fall below 25% of the initial sale price of the game.

Exemptions are given for the following:

(1) Any subscription-based service that advertises or offers for sale access to any digital game solely for the duration of the subscription; or

(2) Any digital game that is advertised or offered to a person for no monetary consideration unless the person has made purchases or invested money to upgrade characters or unlock features within the game; or

(3) Any digital game that is advertised or offered to a person that the seller cannot revoke access to after the transaction, which includes making the digital game available at the time of purchase for permanent offline download to an external storage source to be used without a connection to the internet.

The Protect Our Games Act will be enforced by the PA Attorney General and District Attorneys.
 
Please consider cosponsoring this important consumer protection bill.