Legislative Push Targets 'Rental' Model of Digital Gaming

U.S. Representative Ritchie Torres (D-NY) has announced the Power to the Players Act, a bill designed to ensure consumers own the video games they purchase rather than merely holding a license to play them. As reported by Ars Technica and Engadget, the legislation would direct the Federal Trade Commission (FTC) to establish regulations protecting the right to own, play, and transfer games.

Torres cited *NBA 2K25* as a primary example of the current industry problem. According to Engadget, the title launched in 2024 for $70 and is scheduled for removal from digital storefronts on October 30, with servers shutting down on December 31. This effectively renders the game unplayable, a scenario Torres described to Kotaku as a "rental disguised as a sale."

To prevent such outcomes, the bill would require companies to provide offline modes for games when servers are decommissioned. In an interview with Kotaku, Torres noted this would be a "restoration to the historical norm" seen in the 1990s. He further suggested this framework could eventually extend to digital movies, music, and books.

Significant hurdles remain. Ars Technica notes that requiring offline modes may necessitate fundamental changes to game architecture. Additionally, Engadget reports that a 2024 Supreme Court decision overturning Chevron deference has weakened the FTC's regulatory power, potentially allowing courts to block the agency's authority. The bill also faces a difficult legislative path, following a similar California state bill that died in committee in June.

These efforts align with broader activist movements, such as Stop Killing Games, while Sony recently revealed in a financial report that digital downloads now account for 82 percent of full-game unit sales for the PlayStation 4 and PlayStation 5.