EC Responds to ECI Initiative on Video Games

The European Commission stated it would engage with consumers and publishers by the end of this year to explore ways to improve industry standards for video games. The EC decided to act in response to the European Citizens' Initiative (ECI) ‘Stop Destroying Videogames'.

Modern video games often rely on publishers' servers to function. Publishers may stop supporting these servers, leading the games to become partially or entirely unplayable. The ECI therefore invited the EC to propose legislation ensuring that players can continue to play the video games after the publishers stop providing support for these games commercially. The EC stated that at this stage it cannot propose a legal obligation to keep video games playable after they stop being provided commercially. This is due, also, to existing intellectual property rights. Under EU copyright law, rights holders enjoy exclusive rights over their creations. In addition to copyright, other intellectual property rights may also be relevant, as they may protect different visual and technological aspects of a video game.

Existing EU consumer law already provides for important safeguards protecting the economic interests of consumers. Video game providers must inform consumers about the duration and the conditions for terminating the contract before the consumers sign up for the video game. The Directive on digital content and digital services provides consumers with remedies when the content or service provided does not conform with the contract and what consumers could reasonably expect. Consumers may be entitled to a proportionate refund of their purchases.

However, to address players' concerns, the EC has committed to taking several steps. It will initiate an exchange with the video game industry and consumer representatives with the aim of drawing up an industry code of conduct on managing video games' ‘end of life'. The EC said it will work with consumer organisations and authorities to raise awareness about the applicable rights that protect consumers, including on safeguards protecting the economic interests of consumers. Active enforcement of these existing consumer rights can also incentivize the providers to offer video games with longer lifespans and explore solutions for meeting consumer expectations.