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Rep. Torres introduces Power to the Players Act to secure video game ownership rights

The proposed legislation asks the FTC to create rules ensuring buyers own their games and can play them after servers shut down.

Illustration: A dusty, disconnected game console sits on a wooden shelf next to a stack of physical media cases.
AI-generated illustration: Threat Times

Key points

  • Rep. Ritchie Torres introduced the Power to the Players Act to address digital ownership issues.
  • The bill cites NBA 2K25 server shutdowns as a primary example of the problem facing consumers.
  • Legal challenges regarding FTC authority and previous committee failures present significant hurdles.

Representative Ritchie Torres (D-NY) introduced the Power to the Players Act this week, proposing new regulations for the video game industry. The legislation directs the Federal Trade Commission to establish rules that guarantee consumers own the games they purchase rather than merely holding a revocable license, according to The Verge.

The bill aims to prevent scenarios where players lose access to paid content after a developer shuts down supporting infrastructure. Torres stated that a game which can be removed when a company disables its servers is effectively a rental disguised as a sale. He emphasized that families should have the right to own, play, and transfer the software they buy, as reported by Ars Technica.

Context and Background

NBA 2K25 serves as the primary example in the bill's announcement of the risks associated with current licensing models. The basketball title launched in 2024 for $70, but 2K plans to remove it from digital storefronts on October 30, according to Engadget. Additionally, the developer will shut down the servers supporting the game's online modes on December 31, which will limit playability for existing owners.

Torres described the proposed protections as a restoration to the historical norm that existed before games were primarily sold via digital licenses. He suggested these rules could eventually inspire similar protections for other digital media, such as books, movies, and music. The Verge noted that the bill would direct the FTC to make it so players own games rather than license them.

Who Is Affected

The proposal arrives as concerns over game preservation grow, partly due to Sony's announcement that it plans to discontinue PlayStation game releases on physical media. Sony's recent financial earnings report showed that digital downloads account for 82 percent of full-game unit sales on PlayStation 4 and 5, according to Ars Technica. This shift highlights the dependency on digital marketplaces, where titles can be delisted and become inaccessible.

However, the bill faces significant legislative and legal obstacles. A similar California bill died in committee in June, and relying on the FTC is uncertain following a 2024 Supreme Court decision that overturned Chevron deference. This legal change reduces the power of federal agencies like the FTC to interpret ambiguous legislation, meaning courts could block regulatory attempts in the game industry, Engadget reported.

What should you do?

Readers should monitor the progress of the Power to the Players Act in Congress and watch for any official statements from the FTC regarding new regulations. Users concerned about digital ownership should verify the terms of service for their purchased games to understand their specific rights. Keeping records of purchase receipts and license agreements may be prudent as the legal landscape evolves.

What to do and how to stay safe: Ritchie Torres

  • Review the terms of service for recently purchased digital games to understand current ownership rights.
  • Monitor legislative updates regarding the Power to the Players Act for changes in consumer protection rules.
  • Consider maintaining local backups of save data if possible, as server shutdowns can impact progress.
  • Watch for official guidance from the FTC once they begin evaluating regulations for digital media ownership.

Step-by-step guide: Mobile Device Security: How to Protect Data Beyond Passwords

General security guidance from the Threat Times newsroom. It is not confirmed advice from the organisations named in this story.

Frequently asked questions

What does the Power to the Players Act propose?

The bill directs the FTC to establish regulations ensuring consumers own their purchased video games rather than holding a license, and requires offline modes if servers are shut down.

Why is NBA 2K25 mentioned in the bill?

It serves as an example of a game being delisted from stores and having its servers shut down shortly after release, limiting player access.

What legal challenges does the bill face?

The FTC's ability to regulate is weakened by a 2024 Supreme Court decision overturning Chevron deference, and similar bills have previously died in committee.

Sources

  1. Engadget
  2. Ars Technica
  3. The Verge
Ritchie TorresFTCNBA 2K252K GamesPower to the Players Act
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