California advances bill forcing game publishers to offer refunds or offline patches

The California Assembly’s Appropriations Committee has passed the Protect Our Games Act, a 11–2 vote that advances the legislation to a full floor vote. The bill mandates that digital game publishers provide either a full refund or an updated version of a game enabling continued use independent of operator-controlled services if they cease support for an online title. Publishers would also be required to notify players 60 days before the cessation of services necessary for the ordinary use of the digital game.

The legislation, which applies to paid games sold in California on or after 1 January 2027, explicitly excludes completely free games and titles offered solely for the duration of a subscription. The bill follows the 2024 shutdown of Ubisoft’s The Crew, an event that contributed to the formation of the UK-based player advocacy group Stop Killing Games. The group advised on the drafting of the bill before it was introduced by Assemblyman Chris Ward earlier this year.

Stop Killing Games has framed the legislation as essential for consumer protection in the live service era. In a statement to the California legislature, the group argued that there is no other medium where a product marketed to consumers can be removed without notice. The advocacy group highlighted that end-of-life procedures are necessary tools to ensure prolonged access to games that consumers have paid to enjoy.

The Entertainment Software Association has publicly opposed the measure, arguing that it misrepresents modern game distribution. The industry lobby stated that consumers receive a license to access and use a game, not an unrestricted ownership interest. The ESA described the shutdown of obsolete games as a natural feature of modern software, particularly when online infrastructure maintenance is required.

The ESA warned that the bill could impose unreasonable expectations on publishers regarding licensing rights for music or intellectual property, which are often negotiated on a time-limited basis. The group stated that a legal requirement to keep games playable indefinitely could force publishers to renegotiate licenses indefinitely or alter games in ways that may not be legally or technically feasible.

The bill has previously received positive votes from the California Assembly’s Privacy and Consumer Protection and Judiciary committees. However, it still faces significant hurdles in securing majority passage in the full California Assembly and the California Senate. The final outcome depends on whether Governor Gavin Newsom signs the bill into law after legislative approval.

While the legislation has stalled in the UK following a Parliament debate last November, the progress in California represents a significant development for game preservation advocates. The current legislative momentum suggests that consumer rights in digital gaming may face increased regulatory scrutiny in key markets.