Federal Proposal Targets Digital Licensing Practices in the Gaming Industry

In a significant move addressing long-standing frustrations among gamers over digital rights, U.S. Representative Ritchie Torres (D-NY), representing New York’s 15th Congressional District in the Bronx, announced on October 15, 2026, plans to introduce the Power to the Players Act. The proposed legislation aims to fundamentally reshape how video games are sold in the digital era by directing the Federal Trade Commission (FTC) to establish regulations ensuring that consumers who purchase games receive genuine ownership rather than mere revocable licenses.

At the heart of the bill is a straightforward principle articulated by Torres: “When you pay for a game, you should own it.” The legislation would mandate that buying a video game grants the consumer ownership rights, including the ability to play and transfer the title. Critically, games featuring online functionality would be required to provide a functional offline mode before any supporting servers are shut down, preventing scenarios in which paid content becomes permanently inaccessible.

Ritchie's Timely Response to Industry Practices

Torres highlighted the case of NBA 2K25 as a prime illustration of the problem the bill seeks to address. Released in September 2024 and among the top-selling titles of that year, the basketball simulation is scheduled to be delisted from digital storefronts on October 30, 2026. Its online servers will shut down on December 31, 2026, rendering key modes—including the single-player MyCareer story mode and MyTeam—unplayable starting January 1, 2027. While some offline modes such as Play Now and MyNBA are expected to remain available, features dependent on 2K’s servers will cease entirely. The standard edition originally retailed for $69.99, with higher editions reaching $99.99.

“A game that can be taken away the moment a company pulls the plug is not a purchase. It is a rental disguised as a sale,” Torres stated in his official announcement. “Families in the Bronx and across the country save up to buy these games, and they deserve better than a license that can vanish at any time. The Power To The Players Act ensures consumers own what they buy and can keep playing long after a company moves on.”

In interviews, Torres, who has spoken about growing up playing titles such as Grand Theft Auto, Resident Evil, and SOCOM, described the measure as a “restoration to the historical norm” of the cartridge and disc eras, when ownership was more straightforward. He framed it partly as an affordability issue in a challenging economic climate and expressed hope that success could set a broader precedent for other forms of digital media, though the current proposal is limited to video games.

The Broader Context and Challenges Further Ahead

The announcement arrives amid heightened scrutiny of digital ownership practices. The Stop Killing Games movement, which gained traction following high-profile server shutdowns such as that of Ubisoft’s The Crew, has advocated for similar protections. Concurrently, Sony’s plans to phase out physical game discs for its next-generation console around 2028 have intensified debates about preservation and long-term access in an increasingly all-digital marketplace. Digital downloads already account for the vast majority of full-game sales on platforms like PlayStation.

Related state-level efforts, including California’s Protect Our Games Act and a similar proposal in Pennsylvania, have faced mixed results, underscoring the difficulties of advancing such reforms. Torres’ bill would empower the FTC to craft specific rules rather than prescribing every technical detail in statute. However, the full legislative text has not yet been made public, and formal introduction in Congress, along with potential cosponsors, remains pending according to early reports.

Industry observers note substantial hurdles. Technical implementation could prove complex for certain always-online architectures, potentially requiring significant redesigns. Legislatively, the path is steep: the majority of proposed bills never reach a floor vote, and major publishers are expected to mount strong opposition through lobbying. Enforcement mechanisms and precise definitions of “ownership” and “offline mode” will be critical once the text is released.

As the video game industry continues its shift toward digital distribution and live-service models, the Power to the Players Act represents the first prominent federal attempt to codify stronger consumer protections for game ownership. Whether it advances through committee and garners bipartisan support will determine if it can deliver lasting change for players who invest both money and time into their digital libraries. For now, Torres’ proposal has elevated a grassroots consumer concern to the halls of Congress, signaling that the debate over what it truly means to “buy” a game is far from settled.