What Is It?

In the digital age, the concept of "owning" a video game has become increasingly murky. When you click "purchase" on a digital storefront, you aren't always buying a permanent copy; you are often purchasing a revocable license to access a service. When that service ends—usually when a developer shuts down their servers—your game effectively vanishes into the ether. California Assembly Bill 2790, introduced by Assemblymember Marc Berman, aims to change that narrative by tackling the crisis of video game preservation.^[1]

At its core, AB 2790 seeks to prevent publishers from installing "kill switches" that render software completely unusable once a company decides to pull the plug on online support. The bill mandates that developers provide a way for players to continue accessing their games even after the official servers go dark. It is a bold legislative push to ensure that our digital entertainment history doesn't simply evaporate the moment a quarterly earnings report looks grim.^[1]

"When you buy a game, you should own it. You shouldn't be renting it until the publisher decides to turn off the servers." — Marc Berman, California State Assemblymember^[4]

Why It Matters

The stakes for cultural heritage are higher than most realize. The Video Game History Foundation has revealed a sobering statistic: approximately 87% of classic video games released in the United States are no longer available for purchase.^[3] We are currently living through a "digital dark age" where the software that defined our childhoods and shaped modern culture is being systematically erased by corporate server decommissioning.

Beyond the nostalgia, this is a consumer rights issue. When a company shuts down a game, they aren't just closing a service; they are effectively reclaiming property that the consumer paid to own. By forcing the industry to pivot toward "offline-ready" architecture, California is advocating for a future where games are treated as enduring pieces of art rather than disposable, ephemeral software-as-a-service products.

How It Works

If passed, AB 2790 would fundamentally alter the development lifecycle of modern games.^[1] Here is how the transition from "always-online" to "preservation-ready" would likely function:

1. Architectural Decoupling: Developers would be required to design games where core gameplay logic resides on the user's device (the client) rather than relying exclusively on a central server.
2. The "Offline Patch" Mandate: Upon the scheduled shutdown of a game's online infrastructure, publishers would be required to release a final patch that removes the server-check requirement or allows for local hosting.
3. Community Tooling: In cases where a full offline conversion isn't feasible, publishers could provide server-hosting tools, allowing the player community to keep the game alive via private servers.

Real-World Examples

• The Crew (Ubisoft): A recent high-profile case where the publisher completely revoked access to a game players had purchased, effectively deleting it from their libraries.^[2]
• Marvel Heroes: An action-RPG that shuttered its servers abruptly, leaving players with no way to access the single-player content they had invested hundreds of hours (and dollars) into.
• LawBreakers: A multiplayer-only title that became completely unplayable upon server closure, serving as a prime example of why "always-online" architecture is a major hurdle for preservation.

Common Misconceptions

• Myth: This will kill multiplayer games. Reality: It doesn't force games to stay online forever; it just ensures the software remains functional in some capacity, such as a local LAN mode or an offline single-player mode.
• Myth: Developers will go bankrupt. Reality: While there is a cost to preservation, many open-source solutions already exist that allow small teams to implement offline functionality without breaking the bank.
• Myth: This is an attack on innovation. Reality: It is a push for sustainable innovation. Building games that last longer actually increases the long-term value of a brand for the publisher.

Frequently Asked Questions