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Minecraft post-purchase ownership rights changes: Difference between revisions

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Minecraft is a sandbox game developed and published by Mojang Studios. Formally released on 18 November 2011 for PCs, following its initial public alpha release on 17 May 2009. The first sold version is later designated as Java edition.  
Minecraft is a sandbox game developed and published by Mojang Studios. Formally released on 18 November 2011 for PCs, following its initial public alpha release on 17 May 2009. The first sold version is later designated as Java edition.  


The game was downloaded more than 100 million times before the Microsoft purchase.<ref>{{Cite web |date=2014-09-15 |title=Minecraft sold: Microsoft buys Mojang for $2.5bn |url=https://www.theguardian.com/technology/2014/sep/15/microsoft-buys-minecraft-creator-mojang-for-25bn |url-status=live |archive-url=https://web.archive.org/web/20250426211234/https://www.theguardian.com/technology/2014/sep/15/microsoft-buys-minecraft-creator-mojang-for-25bn |archive-date=2025-04-26 |access-date=2025-08-18 |website=The Guardian}}</ref>
The game was downloaded more than 100 million times before the Microsoft purchased Mojang AB.<ref name=":9">{{Cite web |date=2014-09-15 |title=Minecraft sold: Microsoft buys Mojang for $2.5bn |url=https://www.theguardian.com/technology/2014/sep/15/microsoft-buys-minecraft-creator-mojang-for-25bn |url-status=live |archive-url=https://web.archive.org/web/20250426211234/https://www.theguardian.com/technology/2014/sep/15/microsoft-buys-minecraft-creator-mojang-for-25bn |archive-date=2025-04-26 |access-date=2025-08-18 |website=The Guardian}}</ref>


===[[Microsoft]]===
===[[Microsoft]]===
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===Source clarification:<ref name=":0" /><ref name=":1" /><ref name=":7">{{Cite web |date=2013-01-13 |title=Mojang Terms and Conditions |url=https://account.mojang.com/terms |url-status=dead |archive-url=https://web.archive.org/web/20130827123036/https://account.mojang.com/terms#eula |archive-date=2013-08-27 |website=account.mojang.com}}</ref><ref name=":3">{{Cite web |date=2010-12-20 |title=copyright.jsp |url=http://www.minecraft.net/copyright.jsp |url-status=dead |archive-url=https://web.archive.org/web/20101221093644/http://www.minecraft.net:80/copyright.jsp |archive-date=2010-12-21 |website=minecraft.net}}</ref><ref name=":4">{{Cite web |title=support.jsp |url=http://www.minecraft.net/support.js |url-status=dead |archive-url=https://web.archive.org/web/20100725180118/http://www.minecraft.net/support.jsp |archive-date=2010-07-25 |website=minecraft.net}}</ref>===
===Source clarification:<ref name=":0" /><ref name=":1" /><ref name=":7">{{Cite web |date=2013-01-13 |title=Mojang Terms and Conditions |url=https://account.mojang.com/terms |url-status=dead |archive-url=https://web.archive.org/web/20130827123036/https://account.mojang.com/terms#eula |archive-date=2013-08-27 |website=account.mojang.com}}</ref><ref name=":3">{{Cite web |date=2010-12-20 |title=copyright.jsp |url=http://www.minecraft.net/copyright.jsp |url-status=dead |archive-url=https://web.archive.org/web/20101221093644/http://www.minecraft.net:80/copyright.jsp |archive-date=2010-12-21 |website=minecraft.net}}</ref><ref name=":4">{{Cite web |title=support.jsp |url=http://www.minecraft.net/support.js |url-status=dead |archive-url=https://web.archive.org/web/20100725180118/http://www.minecraft.net/support.jsp |archive-date=2010-07-25 |website=minecraft.net}}</ref>===


*Minecraft’s TOU/EULA was published as a page on the publisher’s game store site and as a .txt file in the game directory.
*Minecraft’s TOU/EULA was published as a page on the publisher’s game store site and as a text file in the game directory.
*Earlier verifiable versions of the TOU/ EULA are only available on archived versions of Minecraft’s website, but there were time when multiple terms were aviable simultaneously. Exact dates of changes may vary, and the sources should respectively be the earliest or the latest found versions. These changes were mainly announced to the customer upon downloading and installing an update.
*Earlier verifiable versions of the TOU/ EULA are only available on archived versions of Minecraft’s website, but there were time when multiple terms were aviable simultaneously. Exact dates of changes may vary, and the sources should respectively be the earliest or the latest found versions. These changes were mainly announced to the customer upon downloading and installing an update.
*The .txt file changes containing the TOU/EULA, that were downloaded and agreed to by the users with software updates, mostly exist in non-verifiable user directories.
*The .txt file changes containing the TOU/EULA, that were downloaded and agreed to by the users with software updates, mostly exist in non-verifiable user directories.
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==2011-2025 Owneship rights in TOU/EULA==
==2011-2025 Owneship rights in TOU/EULA==
{{Ph-I-I}}
===2011-09-23 Ownership terms in full release of Minecraft 1.0.0===
===2011-09-23 Ownership terms in full release of Minecraft 1.0.0===


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The game is in development, but the developer promises free copy of the full game - only before 2013-12<blockquote>What You Get For Purchasing When you purchase Minecraft you do so as is, be it in the early stages of development or already fully released. Subsequent updates are only an added bonus and not a guarantee, as icing on a cake. Purchases during the development of the game are discounted and include the full game upon release.</blockquote>The buyer of the software can use the software<blockquote>USING OUR GAME
The game is in development, but the developer promises free copy of the full game - only before 2013-12<blockquote>What You Get For Purchasing When you purchase Minecraft you do so as is, be it in the early stages of development or already fully released. Subsequent updates are only an added bonus and not a guarantee, as icing on a cake. Purchases during the development of the game are discounted and include the full game upon release.</blockquote>The buyer of the software can use the software<blockquote>USING OUR GAME


 
You have bought the game so you can use it, yourself, on your computer.</blockquote>Publisher can change the TOU
 
<blockquote>We reserve the right to change this agreement at any time with or without notice, with immediate and/or retroactive effect. </blockquote>
You have bought the game so you can use it, yourself, on your computer.</blockquote>Publisher can change the TOU<blockquote>We reserve the right to change this agreement at any time with or without notice, with immediate and/or retroactive effect. -wbm</blockquote>


===2011-2014 Ownership changes in TOU before Microsoft acquired Mojang Studios===
===2011-2014 Ownership changes in TOU before Microsoft acquired Mojang Studios===
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====Publisher is the owner of the software====
====Publisher is the owner of the software====
<blockquote>OWNERSHIP OF OUR GAME AND OTHER THINGS  
<blockquote>OWNERSHIP OF OUR GAME AND OTHER THINGS  


Although we give you permission to play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a permission to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game are the permissions set out in this EULA.</blockquote>
Although we give you permission to play our Game, we are still the owners of it. We are also the owners of our brands and any content contained in the Game. Therefore, when you pay for our Game, you are buying a permission to play / use our Game in accordance with this EULA - you are not buying the Game itself. The only permissions you have in connection with the Game are the permissions set out in this EULA.</blockquote>
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====2015-10-27 The subject of the transaction changes from "bought the game" to "have been granted a license to play the game"<ref>{{Cite web |date=2015-10-27 |title=account.mojang.com/documents/minecraft_eula |url=https://account.mojang.com/documents/minecraft_eula |url-status=dead |archive-url=https://web.archive.org/web/20151027155030/https://account.mojang.com/documents/minecraft_eula |archive-date=2015-10-27 |website=account.mojang.com}}</ref>====
====2015-10-27 The subject of the transaction changes from "bought the game" to "have been granted a license to play the game"<ref>{{Cite web |date=2015-10-27 |title=account.mojang.com/documents/minecraft_eula |url=https://account.mojang.com/documents/minecraft_eula |url-status=dead |archive-url=https://web.archive.org/web/20151027155030/https://account.mojang.com/documents/minecraft_eula |archive-date=2015-10-27 |website=account.mojang.com}}</ref>====
<blockquote>USING OUR GAME
<blockquote>USING OUR GAME


You have been granted a license to the Game so you can play and use it, yourself, on your devices.</blockquote>
You have been granted a license to the Game so you can play and use it, yourself, on your devices.</blockquote>


====2020-10 - 2022-08 Mandatory [[Minecraft account migration|account migration]] from Mojang account to Microsoft account with new EULA<ref>{{Cite web |date=2019-07-15 |title=account.mojang.com/documents/minecraft_eula |url=https://account.mojang.com/documents/minecraft_eula |url-status=dead |archive-url=https://web.archive.org/web/20190715120420/https://account.mojang.com/documents/minecraft_eula |archive-date=2019-07-15 |website=account.mojang.com}}</ref>====
====2020-10 - 2022-08 Mandatory [[Minecraft account migration|account migration]] from Mojang account to Microsoft account with new EULA<ref>{{Cite web |date=2019-07-15 |title=account.mojang.com/documents/minecraft_eula |url=https://account.mojang.com/documents/minecraft_eula |url-status=dead |archive-url=https://web.archive.org/web/20190715120420/https://account.mojang.com/documents/minecraft_eula |archive-date=2019-07-15 |website=account.mojang.com}}</ref>====
Buyers who failed to migrate, but kept their launcher up to date, lost their access to the software.<ref name=":5" />
Buyers who failed to migrate, but kept their launcher up to date, lost their access to the software.<ref name=":5" /><ref>{{Cite web |date=2024-03-08 |title=I DIDN’T Migrate my Minecraft Account - Here’s What Happened |url=https://www.youtube.com/watch?v=rUFDRAEducI |url-status=live |website=youtube.com}}</ref>


Microsoft Services Agreement also included in minecrafts’ EULA:<ref>{{Cite web |date=2019-07-16 |title=Minecraft Community Standards |url=https://www.minecraft.net/en-us/community-standards |url-status=deviated |archive-url=https://web.archive.org/web/20190716182927/https://www.minecraft.net/en-us/community-standards |archive-date=2019-07-16 |website=minecraft.net}}</ref>
Microsoft Services Agreement also included in minecrafts’ EULA:<ref>{{Cite web |date=2019-07-16 |title=Minecraft Community Standards |url=https://www.minecraft.net/en-us/community-standards |url-status=deviated |archive-url=https://web.archive.org/web/20190716182927/https://www.minecraft.net/en-us/community-standards |archive-date=2019-07-16 |website=minecraft.net}}</ref>
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<blockquote>We may change this EULA from time to time, if we have reason to, such as changes to our games, our practices, or our legal obligation. But those changes will be effective only to the extent that they can legally apply. In that case we'll inform you of the change before it takes effect, either by posting a notice on our website or by other reasonable means. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the game and we therefore need to put a lid on it.</blockquote>
<blockquote>We may change this EULA from time to time, if we have reason to, such as changes to our games, our practices, or our legal obligation. But those changes will be effective only to the extent that they can legally apply. In that case we'll inform you of the change before it takes effect, either by posting a notice on our website or by other reasonable means. We're not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the game and we therefore need to put a lid on it.</blockquote>


===[Company]'s response===
==Conclusions==
{{Ph-I-ComR}}


===Estimated minimum number of Minecraft copies sold before ownership changes in the TOU/EULA of the mian edition:===
{| class="wikitable"
|+
!Date of change
!Copies sold
!Version
!TOU/EULA change
|-
|2012-08
|~ 5m
|
|while the product page states: “Once you've bought the game, it's yours. No DRM”
|-
|2013-06
|~ 14m
|
|before launcher software first includes DRM
|-
|2013-12
|~ 19m
|
|while early customers were promised a full version, and before first mention of permission revocation right of the publisher
|-
|2015-10
|~ 60m
|
|before the subject of the transaction changes from "bought the game" to "have been granted a license to play the game"
|-
|2016-05
|~ 100m
|
|before Microsoft becomes the owner of Mojang<ref name=":9" />
|-
|2020-10
|~ 170m
|
|before EULA includes Microsoft Services Agreement
|}


==Lawsuit==
===Mojang's response===
{{Ph-I-L}}
Reasoning for the publishers right to retroactively change the ownership of the game is the same as for all other retroactiive TOU/EULA changes:
 
The publisher reserved theese rights by stateing the reservation in the TOU/EULA:


in the first terms:<ref name=":0" /><blockquote>“We reserve the right to change this agreement at any time with or without notice, with immediate and/or retroactive effect.”</blockquote>since 2013-08-27:<ref name=":7" /><blockquote>“The permission we give you to use and play our Game can be revoked if you break the terms of this EULA. “ </blockquote>2013-12 - 2023-18:<ref name=":7" /><blockquote>“We may also change this EULA from time to time but those changes will only be effective to the extent that they can legally apply. For example if you only use the Game in single player mode and don‘t use the updates we make available then the old EULA applies but if you do use the updates or use parts of the game that rely on our providing ongoing online services then the new EULA will apply. In that case we may not be able to / don‘t need to tell you about the changes for them to have effect so you should check back here from time to time so you are aware of any changes to the EULA. We‘re not going to be unfair about this though - but sometimes the law changes or someone does something that affects other users of the Game and we therefore need to put a lid on it.  </blockquote>


==Consumer response==
===Possible related consumer rights concerns regarding Minecraft TOU/EULA:===
{{Ph-I-ConR}}
{{Ph-I-ConR}}
#Block of access by mandatory account migration - [[Minecraft account migration]]
#[[Minecraft enforceing undisclosed server EULA terms|Hidden rules regarding private servers]] - [[Shutting down of community-run Minecraft servers by Mojang]]<ref>{{Cite web |date=2024-12-03 |title=Suing Minecraft Because They Broke The Law & Pissed Me Off |url=https://www.youtube.com/watch?v=C5RvoPQZQeM |url-status=live |website=youtube.com}}</ref><ref>{{Cite web |date=2025-08-16 |title=We’re Suing Minecraft in a Class Action Lawsuit |url=https://www.youtube.com/watch?v=w_UF_4gZclI |url-status=live |website=youtube.com}}</ref>
#Chat moderation enforcement on private servers and single player mode resulting in unexpected loss of license
#DRM spiked launcher updates - [[Minecraft Beta pre-1.8's lack of authentication]]
#[[Post-purchase EULA modification|Post-purchase retroactive EULA modofication]]
#[[:Category:Feature Ransom|Feature ransom]]
#[[Forced arbitration]]
#[[:Category:License Laundering|License laundering]] - [[License euthanasia]]
#[[:Category:Rights Stripping|Rights Stripping]]
#[[False advertising|False advertisement]]
#Mass personal information acquisition by tech-giant from indie developer with 100 million active users
==Lawsuit==
{{Ph-I-L}}




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