Physical game discs are disappearing, eroding consumer ownership and forcing users into permanent rental-style subscription models.
Digital-only distribution eliminates the "right of first sale," preventing users from reselling, sharing, or preserving games.
Restricted access creates barriers due to data caps, poor high-speed internet infrastructure, and the loss of the secondary market.
Digital Rights Management (DRM) and restrictive user agreements compromise user privacy, performance, and long-term access to purchased content.
The Cost of Digital-Only Media
Eliminating physical media forces users to rely on high-speed internet, which remains inaccessible for many and subjects others to data usage caps.
The secondary market for video games is effectively destroyed, as digital purchases cannot be legally transferred or resold.
Distributors hold the power to revoke access to content due to licensing expirations, account issues, or server shutdowns.
Legal Hurdles and DRM
Section 1201 of the Digital Millennium Copyright Act (DMCA) makes it illegal to modify or remove DRM software, even to ensure game performance or preservation.
DRM often forces persistent online connectivity and limits the rights of users to use software as they see fit.
Policy Recommendations
Expand digital consumer protections to match physical ownership rights, such as requiring clear disclosure of what is being purchased.
Reform the DMCA Section 1201 to allow for fair use and preservation.
Support legislative efforts like California’s AB 1921, which aims to protect consumer rights and access to discontinued software.