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Does Buying a Digital Game Mean You Own It? California’s AB 2426 Explained

California’s AB 2426 does not ban digital game sales. It requires covered sellers using ownership-implying language to disclose that a purchase is a license or obtain the buyer’s acknowledgment.
From TheFinanceBase Team4 min to read
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Not necessarily—but California’s AB 2426 does not ban digital game sales or require every storefront to call a game a revocable license. Effective January 1, 2025, the law requires covered sellers to clarify the license when their sales language could lead a reasonable person to believe they are getting unrestricted ownership, unless the seller uses one of the law’s specified disclosure or acknowledgment routes.

What California’s AB 2426 changes

AB 2426 added section 17500.6 to California’s Business and Professions Code. It covers specified digital goods, including digital applications and games; the statutory definition of a game includes add-ons and additional content. The act was chaptered as Chapter 513 of the Statutes of 2024 on September 24, 2024, and took effect January 1, 2025. Read the enrolled bill and chaptered statute. Current reporting also identifies January 1, 2025, as the effective date. Source

The rule concerns advertising and offering a covered digital good with words such as “buy” or “purchase,” or other wording a reasonable person would understand as promising unrestricted ownership. It also applies when that language is used alongside a time-limited rental option. A seller may still use those terms if it follows one of the disclosure paths in the law.

What a seller must disclose

For a covered offer, the seller must use either an affirmative acknowledgment at the transaction or a clear, conspicuous pre-transaction license disclosure. Whichever route it chooses, the acknowledgment or disclosure must be distinct and separate from other terms the purchaser acknowledges or agrees to.

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Option 1: Get an acknowledgment at each transaction

At the time of each transaction, the seller must receive the purchaser’s affirmative acknowledgment that they are receiving a license. The acknowledgment must provide a complete list of restrictions and conditions and, where applicable, say that access may be unilaterally revoked if the seller no longer holds the rights to the good.

Option 2: Show a separate license statement before purchase

Before the transaction, the seller can instead give a clear and conspicuous statement in plain language that buying or purchasing the good is a license. The statement must provide a hyperlink, QR code, or similar way to access the full license terms. The enrolled bill describes ways text may be made clear and conspicuous, including setting it apart through larger or contrasting type, font, or color, or through symbols or marks. See the statute’s disclosure requirements.

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What the law excludes—and what it does not require

AB 2426 excludes certain offers from this disclosure rule. These include subscription services that sell access only for the subscription period, goods offered for no monetary consideration, and goods the seller cannot revoke after the transaction. For the last category, the statute gives a permanent offline download to external storage that works without an internet connection as an example.

The law does not generally require a seller to provide a download. It also does not prohibit storing a digital good on a server for internet access. A game being sold digitally therefore does not, by itself, establish whether the seller can revoke access; the applicable terms and the circumstances of the offer matter.

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What this means for a digital game purchase

AB 2426 is a disclosure rule, not a promise that every game will remain available forever. It says what sellers must communicate when covered sales language could imply unrestricted ownership, and it identifies circumstances in which access may be revoked. It does not establish that every digital purchase is revocable, or that every seller uses the same license terms.

Nor does a physical disc or cartridge automatically guarantee indefinite access. A game may depend on account access, downloads, updates, servers, or publisher support regardless of whether the buyer has a physical copy. When comparing editions, check what the specific version requires and whether it can be played offline.

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Questions to check before choosing an edition

  • Can the seller revoke access under the applicable license or platform terms?
  • Can the game be installed and played offline, and does that remain true after setup or updates?
  • Does the title require an account, servers, downloads, or ongoing publisher support?
  • Is a disc or cartridge edition actually offered for your platform, and what does it contain?

The statute governs sales language and disclosures; it does not rank physical and digital copies by durability. California legislative analyses discuss consumers’ shift from physical media to digital libraries, but that context does not establish that every physical copy works independently of online services. Assembly policy committee analysis, April 2, 2024; Senate Judiciary Committee analysis, June 2024.

Why the law drew attention

The Office of Assemblymember Jacqui Irwin’s signing announcement attributed this assessment to Aaron Perzanowski, a University of Michigan law professor: “California is now the first state to recognize that when digital media retailers use terms like ‘buy’ and ‘purchase’ to advertise digital media licenses, they are engaged in false advertising.” Read the announcement. That is an attributed view about the law’s significance, not the statutory text or a judicial finding.

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Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.

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