How should video game ownership work in a fully digital future?

Legal pressure could force companies to change how digital game licenses work

Digital Games Consumer Rights Kotaku asks physical games to tell us

I love collecting physical games but I know that digital games are not all bad. Seamlessly switching between what's in my PlayStation 5 library is a lot less expensive than having to get up and change discs every time. I also don't have to worry about my console library causing real physical clutter in my house, or a digital game getting lost or broken. But I also have no control over what Sony decides to do with my digital purchases, whether they'll be compatible with future hardware or even playable in a world where PSN's servers eventually shut down. So what is the solution? We would love to hear your ideas.

While my first choice is for Sony to reverse its decision to end PlayStation discs, it's also worth considering how digital game ownership will improve in an all-digital gaming ecosystem. Kotaku broke the news earlier this week about what this could look like. U.S. Representative Richie Torres announced that he plans to introduce legislation in Congress that would provide the first step toward codifying digital property rights. Here's what he thinks the FTC should guarantee players:

Consumers must have the right to own, play and transfer the games they purchase. A game that can be removed the moment a company pulls the plug is not a purchase. This is a lease converted to a sale. Families in the Bronx and across the country are saving up to buy these games, and they deserve better than to be allowed to disappear at any time. The Power To The Players Act ensures that consumers own what they buy and can continue to play long after the company moves on.

It's actually a blueprint for consumer digital rights that Torres would like to see written into law, but there are still many details to iron out, especially for companies that will have to change how they do business to accommodate this change, or as Torres likes to call it, "returning to the norm" of game ownership for much of media history. A big question is whether exceptions are allowed for some online multiplayer-only versions, or whether those games should have some form of P2P connectivity to allow third parties to continue hosting tournaments long after the company that shipped the game has passed away.

Another way is how to facilitate digital games business. Some have suggested using blockchain technology to maintain a database of unique digital copies that can be resold on private markets. Sony is likely to continue giving players the option to purchase discs sooner rather than relinquish a level of control over its digital ecosystem. But we've also seen how things like Xbox's disc-to-digital initiative can give people more flexibility in gaming. Purchases Still, a few things seem pretty clear: Platforms shouldn't be allowed to unilaterally destroy, render useless, or lock you out of the digital collections you've invested hundreds of hours and dollars into building. At least I should be able to gift my Steam account to my kids, which is currently not allowed.

Kotaku would love to hear what you think should be done. Tell us your thoughts on digital game ownership and how we can improve it, and we'll likely feature your answer in a roundup coming out next week. Consider telling us long inactive on the site / Kotaku Asks open thread series.

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