Federal legislation titled the “Power To The Players Act” is designed to end the gaming industry’s shift toward “license-only” digital sales. The legislation would mandate that digital video game purchases grant consumers actual ownership of the product rather than a revocable license that can be terminated at the publisher’s discretion.
The proposed bill would direct the Federal Trade Commission (FTC) to establish formal regulations regarding digital ownership. Under these rules, game publishers would be prohibited from “killing” games by shutting down servers without providing a path for continued play. Specifically, the Power To The Players Act would require any game with online functionality to include a functional offline mode before its servers are decommissioned.
The bill addresses increasing scrutiny over the “sunset” dates of popular titles. NBA 2K25 serves as a primary example of the need for federal intervention. Despite being released in late 2024, NBA 2K25 is already scheduled for delisting on October 30, 2026, with a total server shutdown following on December 31, 2026. This two-year lifecycle effectively renders the digital product unplayable for consumers who may have paid full price for the title and its associated microtransactions.
While some states have attempted to address digital transparency, the federal bill aims for a more aggressive standard. California’s AB 2426, which went into effect on January 1, 2025, requires digital storefronts to disclose that users are purchasing a license rather than ownership. However, that law only mandates transparency; it does not stop companies from revoking access. The Power To The Players Act would move beyond disclosure by legally reclassifying the nature of the transaction itself.
The bill faces significant legal and regulatory hurdles, most notably the 2024 Supreme Court decision that overturned “Chevron deference.” This ruling limited the ability of federal agencies like the FTC to interpret ambiguous laws and create new regulations without explicit, narrow authorization from Congress. Legal analysts suggest that even if the bill passes, the FTC’s power to enforce ownership mandates could be challenged in court by publishers arguing the agency is overstepping its statutory authority.
The legislation reflects a growing global “Stop Killing Games” movement, which advocates for the preservation of software after commercial support ends. If passed, the act could force a massive shift in how games are developed, potentially requiring developers to build community server tools or offline patches into their project budgets from the start to ensure compliance with federal law.
