California moves to regulate end-of-life requirements for digital games with the Protect Our Games Act

Key takeaways

• The Protect Our Games Act would require digital game operators in California to give purchasers 60 days’ notice before shutting down a game—and to provide an offline version or a refund.
• The bill, which has passed the California State Assembly and is currently pending in the California Senate, applies only to digital games released after January 1, 2028. Subscription-based services, free-to-play games, and games that allow permanent offline download and play are excluded from the bill’s scope.
• While the Protect Our Games Act is the first of its kind in the United States, active consumer group efforts in the United States and European Union suggest a broader trend towards strengthened digital game end-of-life requirements.

The California State Assembly has passed Assembly Bill 1921, the “Protect Our Games Act,” in a 43-16 vote. The bill would impose new transparency and preservation requirements on digital game operators who shut down services needed to play purchased digital games. As of June 23, 2026, the California Senate has reached a 6-2 “do pass” decision and has re-referred the bill to the Committee on Business, Professions and Economic Development for fiscal review.

The Protect Our Games Act is part of a broader trend in California toward regulating the transparency and durability of digital product ownership. For example, Assembly Bill 2426, which went into effect January 1, 2026, prohibits retailers from using terms like “buy” or “purchase” for digital goods—including games, audiovisual works, and digital books—without clearly disclosing that consumers are obtaining only a revocable license to access rather than unrestricted permanent ownership. Whether or not the Protect Our Games Act passes this legislative session, the direction of travel in California suggests that further regulation of digital product lifecycle practices is likely.

Overview of the Protect Our Games Act

The Protect Our Games Act would impose notice and preservation requirements on digital game operators who cease to provide services necessary for the “ordinary use” of games first available for purchase or rereleased for purchase after January 1, 2028. “Ordinary use” is defined by the act as a purchaser’s ability to use the “core features of a digital game, consistent with the reasonable expectations of a purchaser based on how the digital game was advertised, marketed, or otherwise described” by the operator at the time of purchase.

When the Protect Our Games Act applies, digital game operators must comply with the following:

• Required disclosure: 60 days prior to ceasing any services necessary for the ordinary use of a digital game, the operator must inform purchasers about the upcoming shutdown by providing a notice through the digital game and on the operator’s website. The notice must include: (1) the shutdown date, (2) the services that will no longer be provided after that date, (3) the game features that will no longer be available after that date, (4) any known security risks that may result from the services ending, and (5) how purchasers may continue to use the digital game or obtain a refund.
• Post-shutdown alternatives: After ceasing any services necessary for the ordinary use of a digital game, the operator must provide purchasers with one or more of the following: (1) an offline version of the digital game independent of the operator’s services; (2) a patch or update that enables offline, independent play; (3) a refund equal to the highest price of the digital game offered by the operator within the 12 months prior to the cessation of services; (4) all documentation needed to allow the purchaser to host a private or community server; or (5) a version of server software that allows ordinary use of the game independent of other ongoing services, provided any additional hardware or software requirements have been communicated to the purchaser and are reasonably attainable.
• No further distribution: After ceasing any services necessary for the ordinary use of a digital game, the operator may no longer sell or distribute the digital game.

Enforcement

The Protect Our Games Act would be enforced by the California attorney general or any district attorney through civil action. The bill would not create a private right of action.

Exceptions and limitations

The Protect Our Games Act applies only to digital games that are first made available for purchase or that are rereleased for purchase on or after January 1, 2028. Notably, the bill’s scope has narrowed through successive amendments—earlier versions would have applied to games available for purchase after January 1, 2027, potentially imposing requirements on back-catalog titles still for sale, but the current version limits coverage to newly released or rereleased games.

The bill also explicitly carves out exclusions for: (1) subscription-based services offering access to games solely for the duration of the subscription, (2) games offered for no monetary consideration (free-to-play), and (3) games to which the operator cannot revoke access after the transaction, including games available at the time of purchase for permanent offline download.

Looking ahead

Digital game operators should closely monitor the status of the Protect Our Games Act as it advances through the California Senate. Companies should also review their current end-of-life practices for digital games and continue to exercise careful oversight of the marketing and advertising of digital games, particularly in light of California’s existing disclosure requirements under Assembly Bill 2426. Even if the Protect Our Games Act does not pass this session, shutting down services necessary for the ordinary use of a digital game carries risks under existing consumer protection laws and has already been the subject of litigation.

While the Protect Our Games Act is the first of its kind in the United States, it is unlikely to be the last. Consumer movements such as the “Stop Killing Games” campaign have gathered significant momentum, and the associated European Citizens’ Initiative “Stop Destroying Videogames” formally submitted to the European Commission in January 2026. On June 16, 2026, the European Commission responded, declining to propose a legal obligation to keep games playable but committing to work towards an industry code of conduct for game end-of-life procedures and to actively enforce existing consumer rights that affect game shutdowns.

As more jurisdictions consider laws addressing the preservation of digital products, companies operating in this space should anticipate continued regulatory experimentation and review their practices for compliance with emerging requirements.

The authors wish to acknowledge Summer Associate Min Su Kim’s contributions to this Update.