Game Preservation
US Rep proposes bill to give video game buyers “ownership,” not “a license”
There are still significant hurdles ahead, both technical and legislative.
A new bill proposed by Rep. Ritchie Torres (D-NY) aims to establish new regulations that would ensure that “buying a video game would give the consumer ownership of the game rather than a license to play it,” including assurances that they can continue to access the games for years after they are released.
The announcement names NBA 2K25 as an example of the problem the bill aims to solve; that game launched on September 6, 2025, but is scheduled to become unplayable on December 31 due to server shutdowns. The bill, which is called the Power to Players Act, directs the FTC to take action to prevent outcomes like that in the future.
Torres published the following statement on the bill:
When you pay for a game, you should own it. Consumers must have the right to own, the right to play, and the right to transfer the games they buy. 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. Families in the Bronx and across the country save up to buy these games, and they deserve better than a license that can vanish at any time. The Power To The Players Act ensures consumers own what they buy and can keep playing long after a company moves on.
“I think there should be a simple rule: if you pay for it, you own it,” Torres told Kotaku. He called the new status quo the bill proposes a “restoration to the historical norm,” referencing how most games were experienced by players back in the ’90s.
A wider movement
The bill comes at a time when game ownership and preservation is a hot-button issue. Some consumers have been protesting Sony’s announcement that it plans to discontinue releases of PlayStation games on physical media.
In its most recent financial earnings report, Sony revealed that digital downloads account for 82 percent of full-game unit sales across PlayStation 4 and PlayStation 5 for the covered fiscal year, suggesting that less than 20 percent of games are still purchased in physical media form. But the argument is that continuing to offer physical discs is not just about satisfying a minority of players’ habits. Players hope it would aid with long-term preservation of games, which are sometimes delisted from digital marketplaces and then become inaccessible.
Physical discs don’t solve the problem on their own, though. Many games sold on discs still require online servers to function, and generally, the end-user license agreements make it clear that the user is purchasing a revocable license, not actual ownership of the media, even if the files are burned onto something physical.
There are also numerous examples of games where the version that shipped on the disc was meaningfully distinct from the version players ultimately know because of patches. So it makes sense that consumers and their representatives are turning to legislation like this to drive a change in industry practices.
There have been activist and lobbying movements, such as Stop Killing Games, that have been advocating for change on this front, but different proposed bills around the world have suggested different kinds of solutions.
Potential technical concerns ahead
Some prior proposed legislation on this issue has required developers to keep servers running indefinitely, leading to criticism that those bills’ authors don’t understand the cost. This bill appears to take those criticisms into account—but at least as worded in the press release on Ritchie Torres’ House of Representatives website, it could still face resistance.
While the announcement does not say the bill requires online servers to remain online, it requires normally online-only games to offer offline modes of play so players can keep playing long after servers might be shut down. The way some online games are engineered, that may not be feasible, so this could require developers to take very different approaches to some online games’ architecture.
This bill’s proposal does not guarantee it will become law; it still has a long path ahead, and most proposed legislation never even makes it to a vote. And since the full text of the bill is not yet publicly available, it’s not yet possible to assess its effectiveness or enforceability.
There is another elephant in the room: Large language models and specialized coding harnesses have recently enabled a wave of decompilations and reconfigurations of both classic and contemporary video games and software. These projects are almost certainly currently illegal, but the scale of the movement is such that enforcement may be difficult. It’s possible that these new tools will change the shape of the software preservation conversation in the coming months and years.
