The European Commission told campaigners it cannot legally force publishers to keep discontinued games playable because of existing copyright and intellectual property rules. Instead, the EU will draft a voluntary code of conduct and work with consumer groups to protect gamers' rights, including potential compensation. Petition organisers, backed by more than one million signatures and some MEPs, aim to press the European Parliament to amend the Digital Fairness Act. Legal challenges, such as a French lawsuit against Ubisoft over "The Crew," are already in motion.
EU: It Can’t Force Publishers To Keep Discontinued Games Playable — Will Issue Voluntary Guidelines
Hundreds of online video games have been rendered unplayable at the whim of their publishers, for either technical or economic reasons (Oli SCARFF)(Oli SCARFF/AFP/AFP)
The European Commission has told campaigners it cannot legally require publishers to keep discontinued video games playable, citing existing intellectual property and copyright rules. However, Brussels has pledged to develop voluntary guidelines to help manage games' "end of life."
The response comes after a citizens' petition called "Stop Destroying Videogames" gathered more than one million signatures across Europe, urging the EU to ensure older titles with active player communities remain accessible. For more than a decade, hundreds of online games have been shut down by publishers for technical or economic reasons, leaving fans unable to access purchases or beloved multiplayer environments.
Petitioners asked the Commission to introduce rules requiring publishers to preserve discontinued games — for example, by allowing fan-run private servers to operate. The Commission said it "cannot, at this stage, propose a legal obligation to keep video games playable after they stop being provided commercially" because rights holders retain exclusive control under current copyright law.
Voluntary Approach and Next Steps
Instead of binding legislation, the EU executive will draft a voluntary code of conduct with input from industry stakeholders and consumer representatives. It also said it will work with consumer groups to clarify gamers' rights and explore avenues for possible compensation where appropriate.
The petition organisers said they would press the European Parliament to pursue a legislative route, aiming to amend the proposed Digital Fairness Act (DFA) to prohibit publishers from deliberately disabling customer purchases. Around 40 MEPs from various political groups recently signalled support for the petition's objectives in a letter to the Commission.
Legal avenues are also underway. In France, consumer group UFC-Que Choisir is suing Ubisoft over the shutdown of the racing game "The Crew," alleging unfair trading practices and "abusive" clauses in its terms of use. Campaigners say the debate highlights broader gaps in digital consumer rights as more purchases take the form of online services rather than standalone products.
Bottom line: The EU says it cannot unilaterally override copyright to force publishers to keep games online, but it will try to improve transparency and protections through a voluntary code and continued engagement with lawmakers and consumer groups.
Help us improve.
