Ubisoft: Difference between revisions
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In December of 2014, Ubisoft was giving away free licenses for a game<!-- initially this said 'for assassin's creed unity', but from what I can tell from the linked article, it wasn't Unity which was actually given away. also this should mention that it's not like the disney situation - the right to sue was only waived in relation to Assassin's Creed Unity and its Season Pass. -->, but with a catch: the terms<ref>{{Cite web |last=Makuch |first=Eddie |date=23 Dec 2014 |title=Assassin's Creed Unity Free Game Offer Waives Lawsuits |url=https://www.gamespot.com/articles/assassin-s-creed-unity-free-game-offer-waives-laws/1100-6424381/ |url-status=live |access-date=31 Mar 2025 |website=Gamespot}}</ref> for the clickwrap agreement in obtaining the game for free contained a clause stating that the user could not sue Ubisoft in relation to ''Assassin's Creed Unity'' or its season pass:<ref>{{Cite web |last=Futter |first=Mike |date=18 Dec 2014 |title=Your Assassin’s Creed Unity Season Pass Free Game Comes With A Legal Catch |url=https://www.gameinformer.com/b/news/archive/2014/12/18/your-assassin-s-creed-unity-season-pass-free-game-comes-with-a-legal-catch.aspx |url-status=live |access-date=31 Mar 2025 |website=Game Informer}}</ref><blockquote>''You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as “Released Parties”) FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS’ FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND/OR USAGE, AND/OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND/OR USE, THE ASSASSIN’S CREED UNITY VIDEO GAME AND/OR THE ASSASSIN’S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND/OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.''</blockquote> | In December of 2014, Ubisoft was giving away free licenses for a game<!-- initially this said 'for assassin's creed unity', but from what I can tell from the linked article, it wasn't Unity which was actually given away. also this should mention that it's not like the disney situation - the right to sue was only waived in relation to Assassin's Creed Unity and its Season Pass. -->, but with a catch: the terms<ref>{{Cite web |last=Makuch |first=Eddie |date=23 Dec 2014 |title=Assassin's Creed Unity Free Game Offer Waives Lawsuits |url=https://www.gamespot.com/articles/assassin-s-creed-unity-free-game-offer-waives-laws/1100-6424381/ |url-status=live |access-date=31 Mar 2025 |website=Gamespot}}</ref> for the clickwrap agreement in obtaining the game for free contained a clause stating that the user could not sue Ubisoft in relation to ''Assassin's Creed Unity'' or its season pass:<ref>{{Cite web |last=Futter |first=Mike |date=18 Dec 2014 |title=Your Assassin’s Creed Unity Season Pass Free Game Comes With A Legal Catch |url=https://www.gameinformer.com/b/news/archive/2014/12/18/your-assassin-s-creed-unity-season-pass-free-game-comes-with-a-legal-catch.aspx |url-status=live |access-date=31 Mar 2025 |website=Game Informer}}</ref><blockquote>''You hereby irrevocably and unconditionally RELEASE, WAIVE, AND FOREVER DISCHARGE AND COVENANT NOT TO SUE Ubisoft Entertainment S.A., and each of its past, present and future divisions, parent companies, subsidiaries, affiliates, predecessors, successors and assigns, together with all of their respective past, present and future employees, officers, shareholders, directors and agents, and those who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the Campaign (all for the purposes herein referred to as “Released Parties”) FROM ANY AND ALL LIABILITY TO YOU, your assigns, heirs, and next of kin FOR ANY AND ALL CLAIMS, DEMANDS, CHARGES, LAWSUITS, DEBTS, DEFENSES, ACTIONS OR CAUSES OF ACTION, OBLIGATIONS, DAMAGES, LOSS OF SERVICE, COMPENSATION, PAIN AND SUFFERING, ATTORNEYS’ FEES, AND COST AND EXPENSES OF SUIT, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR RELATED TO THE PURCHASE, ACQUISITION, RENTAL, POSSESSION AND/OR USAGE, AND/OR THE INTENT TO PURCHASE, ACQUIRE, RENT, POSSESS AND/OR USE, THE ASSASSIN’S CREED UNITY VIDEO GAME AND/OR THE ASSASSIN’S CREED UNITY SEASON PASS ON ANY AND ALL PLATFORMS, AND/OR RELATED TO THE CAMPAIGN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.''</blockquote> | ||
===Comments by executives=== | ===Comments by executives on ownership=== | ||
Ubisoft's CEO, Yves Guillemot, has repeatedly stated that "[[Games as a service|games as a service]]" is the future of the gaming industry,<ref>{{Cite web |last=Schreier |first=Jason |date=30 May 2017 |title=Top Video Game Companies Won't Stop Talking About 'Games As A Service' |url=https://kotaku.com/top-video-game-companies-wont-stop-talking-about-games-1795663927 |url-status=live |access-date=31 Mar 2025 |website=Kotaku}}</ref> and Ubisoft's director of subscriptions, Philippe Tremblay, said that players should get used to not owning their games.<ref>{{Cite web |last=Yin-Poole |first=Wesley |date=16 Jan 2024 |title=Ubisoft Exec Says Gamers Need to Get 'Comfortable' Not Owning Their Games for Subscriptions to Take Off |url=https://www.ign.com/articles/ubisoft-exec-says-gamers-need-to-get-comfortable-not-owning-their-games-for-subscriptions-to-take-off |url-status=live |access-date=31 Mar 2025 |website=IGN}}</ref> These comments have been met with criticism, particularly when juxtaposed with decisions like the shutdown of ''The Crew'' and the introduction of non-fungible tokens (NFTs) into Ubisoft’s business model. | Ubisoft's CEO, Yves Guillemot, has repeatedly stated that "[[Games as a service|games as a service]]" is the future of the gaming industry,<ref>{{Cite web |last=Schreier |first=Jason |date=30 May 2017 |title=Top Video Game Companies Won't Stop Talking About 'Games As A Service' |url=https://kotaku.com/top-video-game-companies-wont-stop-talking-about-games-1795663927 |url-status=live |access-date=31 Mar 2025 |website=Kotaku}}</ref> and Ubisoft's director of subscriptions, Philippe Tremblay, said that players should get used to not owning their games.<ref>{{Cite web |last=Yin-Poole |first=Wesley |date=16 Jan 2024 |title=Ubisoft Exec Says Gamers Need to Get 'Comfortable' Not Owning Their Games for Subscriptions to Take Off |url=https://www.ign.com/articles/ubisoft-exec-says-gamers-need-to-get-comfortable-not-owning-their-games-for-subscriptions-to-take-off |url-status=live |access-date=31 Mar 2025 |website=IGN}}</ref> These comments have been met with criticism, particularly when juxtaposed with decisions like the shutdown of ''The Crew'' and the introduction of non-fungible tokens (NFTs) into Ubisoft’s business model. | ||
On January 15, 2024, Ubisoft's director of subscriptions, Philippe Tremblay, was interviewed by [http://www.gamesindustry.biz gamesindustry.biz]. During this interview, Tremblay made the following comment on ownership:<ref>{{Cite web |last=Dring |first=Christopher |date=15 Jan 2024 |title=The new Ubisoft+ and getting gamers comfortable with not owning their games |url=https://www.gamesindustry.biz/the-new-ubisoft-and-getting-gamers-comfortable-with-not-owning-their-games |url-status=live |access-date=31 Mar 2025 |website=Games Industry}}</ref><blockquote>"One of the things we saw is that gamers are used to, a little bit like DVD, having and owning their games. That's the consumer shift that needs to happen. They got comfortable not owning their CD collection or DVD collection. That's a transformation that's been a bit slower to happen [in games]. As gamers grow comfortable in that aspect… you don't lose your progress. If you resume your game at another time, your progress file is still there. That's not been deleted. You don't lose what you've built in the game or your engagement with the game. So it's about feeling comfortable with not owning your game."</blockquote> | On January 15, 2024, Ubisoft's director of subscriptions, Philippe Tremblay, was interviewed by [http://www.gamesindustry.biz gamesindustry.biz]. During this interview, Tremblay made the following comment on ownership:<ref>{{Cite web |last=Dring |first=Christopher |date=15 Jan 2024 |title=The new Ubisoft+ and getting gamers comfortable with not owning their games |url=https://www.gamesindustry.biz/the-new-ubisoft-and-getting-gamers-comfortable-with-not-owning-their-games |url-status=live |access-date=31 Mar 2025 |website=Games Industry}}</ref><blockquote>"One of the things we saw is that gamers are used to, a little bit like DVD, having and owning their games. That's the consumer shift that needs to happen. They got comfortable not owning their CD collection or DVD collection. That's a transformation that's been a bit slower to happen [in games]. As gamers grow comfortable in that aspect… you don't lose your progress. If you resume your game at another time, your progress file is still there. That's not been deleted. You don't lose what you've built in the game or your engagement with the game. So it's about feeling comfortable with not owning your game."</blockquote> | ||
On July 10, 2025, during the Q&A portion of Ubisoft’s 2025 General Meeting<ref>{{Cite web |last=Tran |first=Edmond |date=19 Jul 2025 |title=Ubisoft CEO Addresses Stop Killing Games Movement Concerns |url=https://thisweekinvideogames.com/news/ubisoft-ceo-addresses-stop-killing-games-movement-concerns/ |url-status=live |access-date=2025-07-10 |website=This Week in Videogames}}</ref><ref>{{Cite web |date=10 Jul 2025 |title=Investor center: General Meetings |url=https://www.ubisoft.com/en-us/company/about-us/investors#generalMeetings |access-date=2025-07-20 |website=Ubisoft}}</ref> at around 1:22:30<ref>{{Cite web |date=10 Jul 2025 |title=General Meeting 2025 |url=https://edge.media-server.com/mmc/p/zzxygofu/ |access-date=2025-07-20}}</ref>, Guillemot has addressed shareholder concerns regarding the [[Stop Killing Games]] movement, unfortunately repeating the same misinformation as the lobby group [[Stop Killing Games#Industry push back|Video Game Europe]] regarding the wrong assumption that the initiative is asking for servers to be kept alive forever<ref>{{Cite web |date=31 Jul 2024 |title=Europeans can save gaming! |url=https://youtu.be/mkMe9MxxZiI?t=150 |url-status=live |access-date=2025-07-20 |website=Youtube: Accursed Farms}}</ref>:<blockquote>“We operate in a market, and whenever we release a game, we provide a lot of support for that game. We also provide a lot of services to make sure that the game is accessible and remains playable 24/7.” | On July 10, 2025, during the Q&A portion of Ubisoft’s 2025 General Meeting<ref>{{Cite web |last=Tran |first=Edmond |date=19 Jul 2025 |title=Ubisoft CEO Addresses Stop Killing Games Movement Concerns |url=https://thisweekinvideogames.com/news/ubisoft-ceo-addresses-stop-killing-games-movement-concerns/ |url-status=live |access-date=2025-07-10 |website=This Week in Videogames}}</ref><ref>{{Cite web |date=10 Jul 2025 |title=Investor center: General Meetings |url=https://www.ubisoft.com/en-us/company/about-us/investors#generalMeetings |access-date=2025-07-20 |website=Ubisoft}}</ref> at around 1:22:30<ref>{{Cite web |date=10 Jul 2025 |title=General Meeting 2025 |url=https://edge.media-server.com/mmc/p/zzxygofu/ |access-date=2025-07-20}}</ref>, Guillemot has addressed shareholder concerns regarding the [[Stop Killing Games]] movement, unfortunately repeating the same misinformation as the lobby group [[Stop Killing Games#Industry push back|Video Game Europe]] regarding the wrong assumption that the initiative is asking for servers to be kept alive forever<ref>{{Cite web |date=31 Jul 2024 |title=Europeans can save gaming! |url=https://youtu.be/mkMe9MxxZiI?t=150 |url-status=live |access-date=2025-07-20 |website=Youtube: Accursed Farms}}</ref>:<blockquote>“We operate in a market, and whenever we release a game, we provide a lot of support for that game. We also provide a lot of services to make sure that the game is accessible and remains playable 24/7.” | ||
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===California class action lawsuit=== | ===California class action lawsuit=== | ||
Polygon reported on November 11, 2024<ref>{{Cite web |last=Carpenter |first=Nicole |date=11 Nov 2024 |title=Ubisoft sued for shutting down The Crew |url=https://www.polygon.com/gaming/476979/ubisoft-the-crew-shut-down-lawsuit-class-action |url-status=live |access-date=12 Apr 2025 |website=Polygon}}</ref> about two owners of the crew filing a class action lawsuit against Ubisoft on November 04, 2024 alleging violations of unfair competition, false advertising, fraudulent misrepresentation and breach of implied warranty, according to California Law.<ref>{{Cite web |date=11 Apr 2024 |title=Crew Lawsuit Via Polygon |url=https://it.scribd.com/document/790913960/Crew-Lawsuit-via-Polygon |url-status=live |access-date=12 Apr 2025 |website=Scribd}}</ref><blockquote>"Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."</blockquote>Ubisoft responded to this lawsuit with a motion to dismiss on February 05, | Polygon reported on November 11, 2024<ref>{{Cite web |last=Carpenter |first=Nicole |date=11 Nov 2024 |title=Ubisoft sued for shutting down The Crew |url=https://www.polygon.com/gaming/476979/ubisoft-the-crew-shut-down-lawsuit-class-action |url-status=live |access-date=12 Apr 2025 |website=Polygon}}</ref> about two owners of the crew filing a class action lawsuit against Ubisoft on November 04, 2024 alleging violations of unfair competition, false advertising, fraudulent misrepresentation and breach of implied warranty, according to California Law.<ref>{{Cite web |date=11 Apr 2024 |title=Crew Lawsuit Via Polygon |url=https://it.scribd.com/document/790913960/Crew-Lawsuit-via-Polygon |url-status=live |access-date=12 Apr 2025 |website=Scribd}}</ref><blockquote>"Imagine you buy a pinball machine, and years later, you enter your den to go play it, only to discover that all the paddles are missing, the pinball and bumpers are gone, and the monitor that proudly displayed your unassailable high score is removed."</blockquote>Ubisoft responded to this lawsuit with a motion to dismiss on February 05, 2025, also reported by Polygon,<ref>{{Cite web |last=Carpenter |first=Nicole |date=9 Apr 2025 |title=Ubisoft holds firm in The Crew lawsuit: You don’t own your video games |url=https://www.polygon.com/gaming/555469/ubisoft-holds-firm-in-the-crew-lawsuit-you-dont-own-your-video-games |url-status=live |access-date=12 Apr 2025 |website=Polygon}}</ref> arguing that plaintiffs don’t have a case reiterating that fact that you don't own the video game you bought:<blockquote>"The [essence] of the plaintiffs’ complaint is that Ubisoft allegedly misled purchasers of its video game The Crew into believing they were purchasing unfettered ownership rights in the game, rather than a limited license to access the game. But the reality is that consumers received the benefit of their bargain and were explicitly notified, at the time of purchase, that they were purchasing a license."<ref>{{Cite web |date=25 Feb 2025 |title=The Crew lawsuit, Ubisoft response -- via Polygon |url=https://it.scribd.com/document/848030901/The-Crew-lawsuit-Ubisoft-response-via-Polygon |url-status=live |access-date=12 Apr 2025 |website=Scribd}}</ref></blockquote>On March 18, 2025 plaintiffs amended the complain with pictures of the physical copy arguing that the in-box Activation Code for The Crew had an expiration date of 2099. Additionally, the game’s in-game currency could be considered a form of gift certificate. In California, a gift certificate is not allowed to expire.<!-- could not find copy of court document, only the polygon report --> | ||
===GDPR Complaint=== | ===GDPR Complaint=== |