Are Digital Games Really Yours? Mexican lawmakers Push Initiative to Protect Gamers

One reality of the video game industry is that everything is heading toward a near future where digital formats will dominate. While technology is already ready for this, the reality is that consumer rights are not. Fortunately, legislation is being developed in Mexico to make the digital future a little less frightening.

Luis Donaldo Colosio Riojas, president of the Senate’s Digital Rights Commission, posted a video in which he revealed a series of initiatives seeking to change the rules to protect consumers of digital products in Mexico.

In it, the senator explained that, together with federal deputy Iraís Reyes, he presented proposals related to digital purchases and consumer rights. The goal is for gamers to have more rights in an industry where physical formats are about to disappear.

What Will Happen to the Games You Buy Digitally?

One of the central points of the proposal is that platforms and providers must make it clear what the consumer is actually buying when they purchase a digital product.

This is especially important for video games, since buying a title from a store such as PlayStation Store, Xbox Store, or Steam does not necessarily mean acquiring ownership of the software in the same way as with a physical product.

The initiative proposes that, before completing a transaction, the provider clearly inform the consumer whether they are acquiring a specific category of digital ownership or renting a license to use the product, as well as the conditions under which access could be suspended or revoked.

In other words, the intention is that you should not have to discover the real conditions of your purchase after you have already paid. And that it should be made clear that what we currently call digital purchases are actually just a rental.

If the Servers Shut Down, the Proposal Seeks to Let You Keep Playing

Another point that could directly interest the gaming community has to do with video games that depend on servers.

The initiative proposes that, when a video game has been sold under a license of indefinite duration and requires a connection to servers to function, the provider must have a mechanism for functional preservation.

And what does this mean? If a company decides to permanently shut down a game’s servers (as happened with The Crew by Ubisoft), the proposal states that it should provide, when possible and as long as third-party rights allow it, technical tools or patches that allow the game’s component to continue running locally. For example, if a multiplayer game shuts down its servers, the company would be required to allow users to create private servers so they can continue playing.

They Also Want Foreign Platforms to Be Accountable in Mexico

Colosio and Reyes’ proposal also addresses another problem that may be familiar to those who purchase digital products and services: who do you complain to when something goes wrong?

One of the proposals seeks to require foreign platforms that sell products in Mexico to have an address in the country, creating a way for authorities to intervene when consumer-related problems arise.

You can learn more about the proposal in the video below:

The Problem Will Become Increasingly Important for Gamers

The discussion comes at a time when physical formats are losing ground to digital purchases, and some companies such as PlayStation have decided to say goodbye to physical formats so that their upcoming releases will only be available through digital stores.

In fact, Colosio had already publicly questioned the digital ownership model and pointed out that, in many cases, consumers pay as owners but receive rights similar to those of a tenant. LEVEL UP previously reported that the senator and Iraís Reyes filed a complaint against Sony related to its practices and the future of the physical market.

That said, it is important to remember that, for now, none of this means that players already have new guaranteed rights, as the initiatives still have to go through the legislative process. But if they are approved, they could significantly change the rules under which we buy, use, and preserve our digital video games.

And you, what do you think about this initiative? Tell us in the comments.