New York Congressman to Introduce Bill Protecting Video Game Ownership
New York Representative Ritchie Torres plans to introduce the Power to the Players Act, directing the FTC to protect video game ownership and require offline modes when servers shut down.
The bill's stated aim aligns with the Stop Killing Games campaign, a movement that lobbies for protecting game ownership at a time when digital software licenses can be revoked. Torres' announcement specifically cited NBA 2K25 as an example. The basketball game launched in 2024 for $70 and is scheduled to be removed from digital storefronts on October 30, two years after its release. While game delistings are not uncommon, publisher 2K also plans to shut down the servers supporting the game's online modes in December, which means players will no longer be able to access the same game they paid for by the end of the year.
The Power to the Players Act would direct the FTC to prevent similar situations by making players own games rather than license them, and by requiring companies to offer an offline mode when a game's servers are taken down. In an interview with Kotaku, Torres said enforcing the protections would be a "restoration to the historical norm" that existed before games were primarily sold digitally. He suggested the effort could also inspire calls for similar protections for digitally purchased books, movies and music.
Several obstacles could block the bill. It could die in committee, as a California bill that offered similar protections at the state level did in June. Relying on the FTC to regulate is also less certain than it once was. After the Supreme Court's 2024 decision to overturn Chevron deference, a legal doctrine that directed courts to defer to federal agencies' interpretation of potentially ambiguous legislation, the FTC and other agencies have less power. Under that precedent, the commission's attempts to regulate the game industry could be blocked by a single judge deciding it lacks the authority to set rules, as happened with its ban on noncompete clauses.
Engadget has asked Torres to share a draft of the bill and to comment on the possibility of the FTC being blocked by the courts. The article will be updated if a response is received.