The Commission considers that at this stage it cannot propose a legal obligation to keep video games playable after they stop being provided commercially. This is due, also, to existing intellectual property rights. Under EU copyright law, rights holders enjoy exclusive rights over their creations. In addition to copyright, other intellectual property rights may also be relevant as they may protect different visual and technological aspects of a video game.
Existing EU consumer law already provides for important safeguards protecting the economic interests of consumers. Video game providers must inform consumers about the duration and the conditions for terminating the contract before the consumers signs up for the video game. The Directive on digital content and digital services provides consumers with remedies when the content or service provided does not conform with the contract and what consumers could reasonably expect. Consumers may be entitled to proportionate refund of their purchases.
However, to address players' concerns, the Commission has committed to taking several steps.
First, it will initiate an exchange with the video game industry and consumer representatives with the aim to draw up an industry code of conduct on managing video games' ‘end of life'.
Second, the Commission will work with consumer organisations and authorities to raise awareness about the applicable rights that protect consumers, including on safeguards protecting the economic interests of consumers. The Commission will report on the application of the Directive on digital content and digital services before the end of the year. Active enforcement of these existing consumer rights can also incentivise the providers to offer video games with longer lifespans and explore solutions for meeting consumer expectations.
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