Pennsylvania has not enacted a law requiring game publishers to preserve digital games. State Sen. John Kane circulated a co-sponsorship memo on September 18, 2026, saying he plans to introduce the Protect Our Games Act; the memo also states it had not yet been submitted for introduction. If enacted as described, the proposal would require 60 days’ notice before a manufacturer stops allowing use of a digital game or changes its features, and one or more specified remedies for purchasers.
What would the proposed Pennsylvania law require?
The official Pennsylvania Senate co-sponsorship memo describes a requirement for video game manufacturers to give purchasers 60 days’ notice before ending access to a digital game or changing its features. The manufacturer would also have to provide “one or more” of these options:
- Offline play: Make it possible to use the game without an internet connection.
- An independent patch: Provide a patch that allows continued online use independently of the company’s online gaming services.
- A refund: Pay an amount based on the highest price at which the digital game operator offered the game during the 12 months before it stops providing services for ordinary use. The refund could not be less than 25% of the game’s initial sale price.
The options are alternatives the memo says may be offered “one or more” at a time. It does not say every affected purchaser would necessarily receive all three.
How would the proposed refund be calculated?
For a qualifying refund, the memo uses two measures: the game’s highest offered price in the 12 months before service stops, and a minimum of 25% of its initial sale price. The refund could not be below that minimum. These are proposed terms, not a current entitlement or a guarantee that any particular shutdown would trigger a payment.
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Which games would be exempt?
The memo identifies three exemptions:
- Subscription access limited to the subscription term: A service that provides access only while a subscription lasts would be exempt.
- Some games offered for free: A game offered for no monetary consideration would be exempt unless the player has made purchases or invested money to upgrade characters or unlock features. The memo therefore does not exempt every free-to-play game without qualification.
- Games the seller cannot revoke: The exemption covers games for which the seller cannot take away access after the transaction. The memo gives a permanent offline download to external storage for use without an internet connection as an example.
Who would enforce the act?
If the measure became law, the memo says enforcement would fall to the Pennsylvania Attorney General and district attorneys. It describes a proposed enforcement arrangement, not a remedy consumers can currently use under this act.
Is the Protect Our Games Act law yet?
No. As of the Senate memo generated October 2, 2026, it had not been submitted for introduction. Kane’s office said it intended to introduce the measure, and a September 28, 2026, Tom’s Hardware report also described it as being at an early stage. The proposal could change as it moves through the legislative process; its terms should not be treated as current consumer rights.
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Why did the sponsor propose it?
Kane’s memo argues that digital game access can depend on a license and a company’s ongoing services, unlike access to a physical or offline copy. It cites a prospective 2028 end to Sony’s video game disc production as context for the proposal. That date is part of the sponsor’s stated rationale in the memo, not an independently verified production announcement in the sources cited here.
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