Starting next year, digital storefronts must clearly state if you are receiving only a license – not ownership – when you "buy" movies, games or other types of digital content.
No reseller can take away a Blu-ray disc once it is on your shelf, but movies, games, books and music "purchased" through online services or platforms can potentially be revoked.
That is why California has passed a new law (AB 2426), which will require digital storefronts using terms like "buy" or "purchase" to clearly disclose whether the license can be revoked and whether any limitations are attached, starting in 2025, as reported by The Verge.
The law does not ban these terms outright but mandates that providers of digital content communicate in much clearer terms. The details can no longer be buried in the terms and conditions. Providers who violate the law will face fines for false advertising.
Disappearing content
The law is a direct response to "purchased" digital content disappearing. For example, in mid-2022, PlayStation removed customers' "bought" movies from Studio Canal without compensation or the option to download offline copies.
- "As retailers continue to pivot away from selling physical media, the need for consumer protections on the purchase of digital media has become increasingly more important," California Assembly member Jacqui Irwin said in a press release. "I thank the Governor for signing AB 2426, ensuring the false and deceptive advertising from sellers of digital media incorrectly telling consumers they own their purchases becomes a thing of the past."
What counts as an offline copy?
The new law does not apply to storefronts that offer "permanent offline" downloads of content. Digital stores like PlayStation, Xbox and Rakuten do not provide this feature.
The Apple TV app does allow downloads, but it is unclear if it meets California's definition of a "... permanent offline download to an external storage source to be used without a connection to the internet". Apple's offline copies can be moved to an external hard drive but are limited to HD quality. Good enough?
While California's law is a step in the right direction, it does not address the underlying problem. Hopefully, it will push the EU and other regions to follow suit, giving consumers better protection when purchasing digital media content.
