California enacts digital content licensing law

Digital Licensing

A recent legislative decision in California has brought renewed attention to the nature of digital game ownership. On September 27, 2024, Governor Gavin Newsom signed a law that prohibits digital stores from using terms like “buy” when customers spend money on digital games, movies, and music. The law requires stores to admit that consumers are actually purchasing licenses rather than owning the digital content outright.

GOG, a digital storefront known for offering DRM-free games, took the opportunity to emphasize the benefits of their business model. GOG has long championed the concept of true game ownership through its DRM-free offerings. This, they argue, ensures that players can keep and play their games regardless of external circumstances, such as licensing issues or even an internet outage.

Digital content ownership clarified

“When we said we let you ‘own’ your games,” GOG stated, “we meant that no matter what happens—whether it’s licensing issues, storefronts shutting down, or even a zombie apocalypse cutting off your Internet—you’ll still be able to play them thanks to our offline installers. We want to ensure your gaming legacy is always in your hands, not ours.”

While GOG’s license agreement does allow for the possibility of revoking access to redownload a given title, the company cannot delete installers already downloaded by users.

This practice contrasts sharply with other digital storefronts like Steam, where games generally require the launcher to run, and many titles include additional DRM measures imposed by publishers. The new law and GOG’s renewed marketing push highlight broader concerns about digital content ownership. As digital stores increasingly regulate access to media, consumers are faced with complex terms and conditions that often obscure the reality of what they’re purchasing.

While GOG’s model isn’t entirely without its limitations, it provides a more resilient option for gamers who value true ownership of their purchased content. As digital content becomes more pervasive, the hope is that other storefronts might adopt similar practices, ensuring greater consumer rights and more secure access to the games and media they love.

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