Legislative record

Digital games: ordinary use.

Existing law requires every videogame retailer to post a sign, within the retail establishment in a prominent area, providing information to consumers about a videogame rating system or notifying consumers that a rating system is available to aid in the selection of a game and to make available to consumers, upon request, information that explains the videogame rating system. Existing law, subject to certain exceptions, prohibits a seller of a digital good, including a digital application or game, from advertising or offering for sale a digital good to a purchaser with the terms "buy," "purchase," or any other term that a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement, as specified. Existing law defines "digital application or game" to mean any application or game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add-ons or additional content for that application or game. This bill, with regard to digital games first available for purchase or rereleased for purchase on or after January 1, 2028, and subject to certain exceptions, would require a digital game operator to communicate specified information to purchasers and prospective purchasers of a digital game 60 days before the operator ceases to provide services necessary for the ordinary use of the game. The bill would, beginning on the date an operator ceases to provide services necessary for the ordinary use of the game, require the operator to provide the purchaser with, among other things, an alternate version of, a patch or update to, or a refund for, the game, as provided, and prohibit the operator from selling, leasing, or otherwise distributing a version of the game that cannot be used by a purchaser independent of services controlled by the operator. The bill would authorize the Attorney General or a district attorney to bring a civil action for a violation of these provisions.