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Consumer RightsLegislative WatchAug 26, 2026, 1:51 PM· 6 min read· in gaming esports

California Bill Threatens Live-Service Model, Demands Refunds or Perpetual Service for Shut Down Games

California's Assembly Bill 1921, known as the Protect Our Games Act, would require game publishers to provide offline access or full refunds when shutting down live-service titles. The legislation has passed the State Assembly but faces fierce opposition from industry lobbying groups as it heads to the Senate.

By Meera Iyer

Consumer Advocates 50%Industry Publishers 50%
Consumer Advocates
Argue that buyers deserve permanent access to purchased games or a full refund when servers close.
Industry Publishers
Contend that the bill forces impossible technical burdens and misunderstands live-service licensing.

With a decisive 43-16 vote on the California State Assembly floor, the era of video games vanishing overnight when corporate servers shut down may be nearing a definitive end. Lawmakers in Sacramento are advancing Assembly Bill 1921, a landmark piece of consumer protection legislation that would force publishers to provide offline access, community server tools, or full refunds when they pull the plug on live-service games. For years, the gaming industry has operated on a highly lucrative model where players pay full retail price for a digital license, only to lose access entirely when the publisher decides the server maintenance costs are no longer justified. This bill threatens to upend that dynamic, legally redefining the relationship between digital storefronts and the consumers who fund them. If enacted, the law would strip publishers of their ability to unilaterally brick a purchased product without offering a functional alternative or financial restitution.[1][2]

Dubbed the "Protect Our Games Act," the bill has already cleared its first major hurdle, passing the California State Assembly with bipartisan support. It is currently navigating the State Senate, where it has become the focal point of an intense lobbying war between grassroots consumer advocates and massive corporate publishers. The legislation targets a growing, visceral frustration among players who purchase full-priced digital titles only to see them rendered unplayable years—or sometimes mere weeks—later when the developer shifts focus. Recent high-profile shutdowns have accelerated the public backlash, transforming what was once a niche complaint on gaming forums into a formalized political movement demanding concrete digital ownership rights. The bill's progression through the Assembly signals that lawmakers are increasingly skeptical of the industry's standard end-of-life procedures for digital media.[3][4]

Under the proposed law, the operational requirements for publishers would shift dramatically. Companies would be legally required to give a 60-day public notice before terminating the online services necessary for a game's "ordinary use," ensuring players are not blindsided by sudden server closures. More importantly, once the servers go dark, the company must offer a tangible solution: a software patch enabling offline play, the release of tools for independent community-hosted servers, or a full refund to the buyer. This mandate strikes at the heart of the live-service economic model, which relies on centralizing control over the game's infrastructure. By forcing companies to build an exit strategy into their development pipeline, the bill ensures that the art and code players paid for remains accessible long after the official matchmaking servers are decommissioned.[1][3]

Despite the sweeping implications, the legislation is deliberately targeted to avoid disrupting the entire digital ecosystem. The Protect Our Games Act applies only to digital games released or re-released after January 1, 2028, giving studios ample time to adjust their development pipelines and licensing agreements. Furthermore, the bill explicitly exempts free-to-play titles, subscription-based catalogs like Xbox Game Pass, and games that already support permanent offline play out of the box. This narrow scope is designed to protect consumers who make a one-time, upfront purchase under the assumption that they are buying a permanent product. By carving out exemptions for genuine subscription services and free experiences, the bill's authors aim to corner publishers who market their live-service titles as standard retail games while treating them internally as temporary, revocable leases.[1][4]

Assembly Bill 1921 passed the California State Assembly with bipartisan support and is currently navigating the State Senate.
Despite the sweeping implications, the legislation is deliberately targeted to avoid disrupting the entire digital ecosystem.

The legislative push was heavily advised and championed by "Stop Killing Games," a global consumer rights coalition founded by prominent content creator Ross Scott. The movement gained massive international traction earlier this year after Ubisoft unilaterally shut down servers for its 2014 open-world racing game The Crew. Rather than simply turning off the multiplayer matchmaking, the shutdown stripped the title from players' digital libraries entirely, leaving them with no way to access the single-player content they had purchased. The incident became a flashpoint for digital rights, prompting Stop Killing Games to launch petitions across the European Union, the United Kingdom, and the United States. Their collaboration with California Assemblymember Chris Ward on AB 1921 represents the movement's most significant legislative breakthrough to date, proving that organized consumer pushback can successfully penetrate the halls of state government.[2][4]

Unsurprisingly, the Entertainment Software Association (ESA)—the powerful lobbying arm representing major publishers like Electronic Arts, Take-Two, and Sony—is fiercely opposing the bill. The ESA argues that the legislation fundamentally misunderstands how modern live-service games operate, describing server shutdowns as a natural feature of software lifecycles rather than an act of corporate malice. In statements to lawmakers, the organization contended that retrofitting a deeply integrated multiplayer game to work offline is often technically impossible without rebuilding the entire game from scratch. They argue that the bill would force developers to divert limited time, budget, and engineering talent away from creating new experiences, effectively punishing studios for attempting ambitious online projects that eventually run their natural course.[2][3]

Beyond the technical hurdles, industry representatives point to a labyrinth of complex third-party licensing agreements that make perpetual distribution legally fraught. Modern video games frequently rely on time-limited licenses for real-world car brands, professional athlete likenesses, and copyrighted music tracks. The ESA warns that forcing a game to exist perpetually in an offline state would require impossible renegotiations with these third-party rights holders, exposing publishers to massive legal liabilities. From the industry's perspective, the Protect Our Games Act creates a scenario where developers are legally mandated to distribute software they no longer have the intellectual property rights to offer, creating an irreconcilable conflict between consumer protection mandates and established copyright law.[2]

Under the proposed law, publishers who fail to provide an offline patch for discontinued games would be forced to issue full refunds.

Despite the fierce corporate pushback, the bill's momentum remains a profound threat to the status quo. Because California represents a massive share of the global gaming market and houses many of the industry's largest and most influential studios, AB 1921 would likely act as a de facto national—and potentially global—standard. Publishers would struggle immensely to create a "California-only" refund policy or a state-specific offline patch, meaning the consumer protections mandated by Sacramento would inevitably ripple outward to players worldwide. The sheer market gravity of California means that if the bill becomes law, the entire video game industry will be forced to adapt its global development strategies to comply with the new digital ownership baseline.[1][3]

The legislative battle is now entering its most critical phase. The bill recently faced a tight vote in the Senate's Business, Professions and Economic Development Committee, where it was granted reconsideration after initially stalling against industry pressure. Stop Killing Games organizers are currently mobilizing a massive grassroots counter-lobbying effort, urging constituents to flood state senators with calls and emails demanding the bill's passage. As the legislation awaits its next committee hearing, the gaming industry is bracing for a high-stakes showdown over the future of digital ownership—one that will determine whether players truly own the games they buy, or if they are simply renting time on a corporate server.[2][3]

The stakes

If enacted, this California law would fundamentally alter the economics of live-service gaming globally, ensuring players no longer lose access to their purchased digital libraries when corporate servers go dark.

The essentials

  • California's Assembly Bill 1921 requires publishers to provide offline access or refunds for shut-down games.
  • The bill applies to digital games released after January 1, 2028, exempting free-to-play and subscription titles.
  • The Stop Killing Games movement heavily advised the legislation following the controversial shutdown of Ubisoft's The Crew.
  • The Entertainment Software Association strongly opposes the bill, citing technical impossibilities and complex third-party licensing hurdles.

Sources

Source coverage

4 outlets

2 viewpoints surfaced

Consumer Advocates 50%Industry Publishers 50%
  1. [1]EngadgetConsumer Advocates

    California lawmakers are working on a bill to preserve access to online games

    Read on Engadget
  2. [2]80 LevelIndustry Publishers

    ESA Opposes California Bill Aimed at Live-Service Game Preservation

    Read on 80 Level
  3. [3]Massively OverpoweredConsumer Advocates

    California lawmakers advance a bill to protect online games from forever deletion

    Read on Massively Overpowered
  4. [4]GamesIndustry.bizConsumer Advocates

    The California State Assembly passes AB 1921, Stop Killing Games' Protect Our Games Act

    Read on GamesIndustry.biz

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