Prohibit publishers irrevocably disabling video games they have already sold

The government should update consumer law to prohibit publishers from disabling video games (and related game assets / features) they have already sold without recourse for customers to retain or repair them. We seek this as a statutory consumer right.

Most video games sold can work indefinitely, but some have design elements that render the product non-functional at a time which the publisher controls, with no date provided at sale. We see this as a form of planned obsolescence, as customers can be deprived of their purchase and cannot retain or repair the game. We think this practice is hostile to consumers, entirely preventable, and have concerns existing laws do not address the problem. Thus, we believe government intervention is needed.

The Government recognises concerns raised by video games users regarding the operability of purchased products. As the lead department for video games, the Department for Culture, Media and Sport (DCMS) regularly engages industry representatives and monitors how consumers interact with games. We work with the Department for Business and Trade (DBT) as the lead department for consumer protection more generally.

We are aware of issues relating to the life-span of digital content, including video games, and we appreciate the concerns of players of some games that have been discontinued. We have no plans to amend existing consumer law on digital obsolescence, but we will monitor this issue and consider the relevant work of the Competition and Market Authority (CMA) on consumer rights and consumer detriment.

Video games sellers must comply with existing consumer law – this includes the Consumer Rights Act 2015 (CRA) and Consumer Protection from Unfair Trading Regulations 2008 (CPRs). We have provided details of relevant protections below. However, there is no requirement in UK law for software companies to support older versions of their products. Decision-making is for those companies, taking account of commercial and regulatory factors and complying with existing consumer law. There may be occasions where companies make decisions based on the high running costs of maintaining older servers for games with declining user bases.

The CRA gives consumers important rights when they make a contract with a trader for the supply of digital content, requiring it to be of satisfactory quality, fit for a particular purpose and as described by the seller. It may be difficult and expensive for businesses to maintain support for old software, particularly if it needs to interact with new technologies. However, if software is offered for sale that is not supported by the provider, then this should be made clear, for example on product webpages and physical packaging.