Power to the Players Act targets digital game ownership

A proposed federal bill aims to dismantle the licensing framework that allows video game publishers to render purchased software permanently unplayable, marking the first time the debate over digital ownership has reached the U.S. Congress.

The Power to the Players Act, drafted by Rep. Ritchie Torres (D-NY), would direct the Federal Trade Commission to establish rules guaranteeing three specific consumer rights for video games: the right to own, the right to play, and the right to transfer a purchased copy. If enacted, the mandate would force publishers to provide functional offline modes before decommissioning the servers required to run their products.

Unlike previous legislative attempts at the state level or abroad, which focused primarily on end-of-life notification periods, this proposal attacks the underlying legal architecture of modern software distribution. Since the early 2000s, End User License Agreements have defined digital purchases as revocable licenses rather than property sales. This distinction shields companies from the first-sale doctrine, a century-old copyright principle that grants buyers the right to resell, lend, or give away physical media like books and discs. By explicitly proposing a right to transfer digital games, the legislation threatens to create a secondary resale market for digital goods—a concept currently blocked by every major storefront, including Steam, PlayStation Network, and Xbox.

Torres is leveraging immediate industry practices to build his case. Take-Two Interactive’s NBA 2K25, which retailed for $70 and up to $100 for its All-Star Edition, is scheduled for removal from digital storefronts on October 30, with its online servers shutting down entirely on December 31. Despite being one of the highest-selling titles in the United States in 2024, the game will lose the multiplayer and live-service modes that drove those sales barely two years after launch.

“A game that can be taken away the moment a company pulls the plug is not a purchase. It is a rental disguised as a sale,” Torres said, describing the measure as a return to the historical norms of the cartridge and disc eras. The congressman noted he grew up playing Grand Theft Auto, Resident Evil, and SOCOM.

The federal push arrives as international and state-level efforts to protect consumers have stalled against coordinated industry lobbying. In Europe, the Stop Killing Games campaign—launched by YouTuber Ross Scott in 2024 after Ubisoft deactivated servers for The Crew, bricking an estimated 12 million copies—gathered more than 1.2 million signatures. The European Commission declined to draft binding legislation in June, opting instead to negotiate a voluntary code of conduct with publishers shortly after holding closed-door meetings with Ubisoft and industry lobbyists.

In the United States, California’s Protect Our Games Act (AB 1921) failed in a state Senate committee weeks later, falling three votes short. That bill accepted the existing license model and merely required 60 days’ notice before a server shutdown, along with a remedy such as an offline patch, community server support, or a refund. The Entertainment Software Association, the primary trade group representing U.S. publishers, actively lobbied against the California measure. The ESA argued the technical requirements were unworkable and controversially told lawmakers that private servers for Minecraft and Call of Duty constituted piracy, despite Minecraft’s own EULA explicitly permitting them.

Publishers routinely defend server shutdowns by citing expiring third-party licenses for music, vehicle brands, and athlete likenesses, arguing that maintaining older games legally requires perpetual contract renewals. However, recent industry concessions suggest these barriers are often negotiable when public pressure mounts. Microsoft permitted continued downloads and offline play for Forza Horizon 4 following its delisting, and Ubisoft eventually patched an offline mode into The Crew 2. Sports simulations like NBA 2K present a steeper challenge, as their core value is heavily tied to persistent online ecosystems that developers argue players never truly owned.

While the Power to the Players Act currently applies only to video games and excludes other digital media like films and music, Torres indicated he views it as a potential precedent for broader digital commerce regulation. The bill has not yet been formally introduced to the floor, and historically, the vast majority of proposed legislation never advances to a vote.

The FTC currently operates under heightened scrutiny regarding digital ownership and subscription mechanics, having recently finalized its “click-to-cancel” rule targeting deceptive recurring billing practices. Whether the commission possesses the appetite or the statutory authority to rewrite foundational software licensing law remains the central hurdle for the proposal.