EU says it cannot force publishers to keep discontinued video games playable

BRUSSELS: The European Union has said it cannot require video game publishers to keep discontinued titles playable after commercial support ends, responding to a citizens’ petition backed by more than one million people across Europe.

The petition, titled Stop Destroying Videogames, urged Brussels to ensure that older games with active fan communities remain accessible. The campaign was driven by concerns that, over more than a decade, hundreds of online games have become unusable after publishers shut them down for technical or commercial reasons.

Supporters had asked the EU to introduce rules obliging publishers to preserve access to discontinued games, including by allowing volunteer-run private servers to keep them available. But the European Commission said existing intellectual property and copyright protections prevented it from imposing such a legal requirement.

The EU executive said “at this stage it cannot propose a legal obligation to keep video games playable after they stop being provided commercially”.

According to the commission, rights holders retain exclusive control over their creations. Instead of legislation, the EU said it would prepare a voluntary code of conduct with contributions from the gaming industry and consumer representatives. It also said it would work with consumer groups to protect players’ rights, including any compensation they may be entitled to.

Campaigners seek other routes

The organisers of the petition said they would continue pressing the issue and hope the European Parliament can help reverse the commission’s position. They said their immediate aim is to seek changes to the Digital Fairness Act so it addresses what they described as publishers deliberately disabling games that customers have bought.

The organisers said “Our current plan is, with the help of parliament, get the Digital Fairness Act amended to include the issue of prohibiting publishers from deliberately disabling customer purchases”.

They added “the objectives behind the DFA make our issue an ideal fit for it, since it addresses similar issues of digital rights and lack of clarity from existing laws.”

The effort has also drawn support inside the European Parliament. Last week, about 40 lawmakers from several political groups wrote to the commission backing the petition’s objective.

Legal action in France

Separately, campaigners are also pursuing the matter in court. In France, consumer group UFC-Que Choisir has filed a case against Ubisoft over the shutdown of its racing game The Crew. The group argues that the company engaged in unfair trading practices and included abusive terms in its conditions of use.