20662.
For purposes of this chapter, the following definitions apply:(a) “Digital game” means any game that a person accesses and manipulates using a specialized electronic gaming device, computer, mobile device, tablet, or other device with a display screen, including any add-ons or additional content for that game.
(b) (1) “Digital game operator” means a publisher, developer, or other person or entity that controls whether a purchaser of a digital game can make ordinary use of the digital game, including, but not limited to, controlling authentication systems, server access, digital rights management, or
required software updates.
(2) “Digital game operator” does not include a person or entity that provides general-purpose hosting, cloud computing, storage, network services, or an online platform or marketplace for the distribution of a digital game, but that does not control whether a purchaser may make ordinary use of the digital game.
(c) “Ordinary use” means a purchaser’s ability to use the core features of a digital game, consistent with the reasonable expectations of a purchaser based on how the digital game was advertised, marketed, or otherwise described by the digital game operator at the time of purchase.
20664.
(a) The following shall apply only to a digital game first available for purchase or rereleased for purchase on or after January 1, 2027:(1) (A) 60 days before a digital game operator ceases to provide services necessary for the ordinary use of the digital game, the operator shall communicate all of the following information to purchasers and prospective purchasers of the digital game:
(i) The date
on which services necessary for the ordinary use of the digital game will cease.
(ii) Any services that will no longer be provided by the operator.
(iii) Any game features that will no longer be available to the purchaser.
(iv) Any known security risks that may result from the cessation of services.
(v) How the purchaser can continue to use the digital game, or obtain a refund, pursuant to paragraph (2).
(B) A digital game operator shall communicate the information required by subparagraph (A) by doing both of the following:
(i) Notifying
purchasers directly through the operator’s digital game.
(ii) Posting the information publicly on the operator’s internet website.
(2) Beginning on the date a digital game operator ceases to provide services necessary for the ordinary use of the digital game, the operator shall provide the purchaser with one or more of the following:
(A) A version of the digital game that can be used by the purchaser independent of services controlled by the operator.
(B) A patch or update to the purchaser’s version of the digital game that enables its continued use independent of services controlled by the operator.
(C) A refund in an amount equal to the full purchase price paid for the digital game by the purchaser.
(3) Beginning on the date a digital game operator ceases to provide services necessary for the ordinary use of the digital game, the operator shall not sell, lease, or otherwise distribute a version of the game that cannot be used by a purchaser independent of services controlled by the operator.
(b) This section does not apply to any of the following:
(1) Any subscription-based service that advertises or offers for sale access to any digital game solely for the duration of the subscription.
(2) Any digital game that is advertised or offered to a person for
no monetary consideration.
(3) Any digital game that is advertised or offered to a person that the seller cannot revoke access to after the transaction, which includes making the digital game available at the time of purchase for permanent offline download to an external storage source to be used without a connection to the internet.