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US lawmaker calls videogame purchases “rentals disguised as sales” in proposed Power To The Players Act

A proposed US bill would direct the FTC to protect ownership, play and resale rights for digital games and require offline modes before online servers shut down. The measure is not law yet.
Length5 min Posted Quest giverVGSources Team
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Rep. Ritchie Torres (D-NY) announced on October 15, 2026, that he will introduce the Power To The Players Act, a bill aimed at changing what consumers receive when they buy digital video games. The proposal would direct the Federal Trade Commission (FTC) to create rules treating a game purchase as ownership rather than a revocable license, preserving the buyer’s ability to play, transfer or resell the game.

It is proposed legislation, not current law. The announcement does not establish that Congress has passed it, that the FTC has written implementing rules, or that any effective date exists.

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What Torres says the bill would change

Torres framed the issue around the difference between a sale and a license. “When you pay for a game, you should own it,” he said. He added: “Consumers must have the right to own, the right to play, and the right to transfer the games they buy. 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.”

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Under the announced proposal, buying a video game would confer ownership instead of only permission to use software under a publisher’s terms. The proposed rights would include:

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  • Ownership of the purchased game rather than a revocable license alone.
  • A continuing right to play the game.
  • The ability to transfer or resell the game.
  • For games that rely on online functionality, an offline mode before the supporting servers are shut down.

The announcement describes the policy direction, but not the final statutory language. Details such as definitions, enforcement, exemptions, treatment of account-bound purchases and the timing of any rules remain unsettled.

Do you actually own a digital game today?

That depends on the terms attached to the particular purchase. The concern Torres is targeting is that digital storefront transactions are commonly described in legal terms as licenses: you pay for access subject to conditions set by the publisher or platform. If a service is withdrawn, an account is closed, or required servers stop operating, the practical ability to use the game can disappear even though money changed hands.

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The proposed act would address that ownership-versus-license distinction through FTC regulations. Until a law is enacted and rules take effect, the proposal itself does not change the terms of existing purchases.

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Why NBA 2K25 is the bill’s example

Torres’s office points to NBA 2K25 as an example of the problem. It says the standard edition retailed for $69.99 and the All-Star Edition for $99.99. According to the office, the game was scheduled to be delisted from digital storefronts on October 30, 2026, with online servers scheduled to shut down on December 31, 2026—about two years after its initial release.

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Delisting and server retirement are separate events. Delisting can stop new customers from buying the title through a store, while a server shutdown can disable online features for existing customers. The bill’s proposed offline requirement is intended to address what happens to the game after those online services end.

What shutdowns can mean for single-player games

The ownership debate intensified as consoles moved away from physical discs and toward account-linked downloads. PC Gamer cited Ubisoft’s The Crew as a shutdown example: the racing game went offline in 2024, and purchasers could no longer play even its single-player campaign.

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That case illustrates why preservation advocates, including the Stop Killing Games movement described by PC Gamer, argue that a basic offline mode should be available when an online game is retired. A game may be marketed with a solo campaign, yet still depend on authentication, matchmaking or other publisher-controlled services.

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How the proposal differs from current options

Three different situations are often conflated: ordinary platform purchases governed by current terms, the rights the proposed act could create, and DRM-free downloads that can be backed up independently.

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Situation Ownership status Offline access after server retirement Transfer or resale Publisher-server dependence Backup ability
Typical digital purchase under current terms Often presented as a license to use the software Depends on the game’s design and platform terms Not a general statutory right established by this announcement Can be required for authentication or features Depends on the platform and its files
Power To The Players Act, if enacted as proposed Purchase would confer ownership Online games would need an offline mode before supporting servers shut down Consumers would retain a right to transfer or resell Rules would target loss of access when services end Specific backup rules are not stated
DRM-free download from GOG Usable files rather than a statutory ownership guarantee Can work without the storefront’s servers when the game itself supports offline play Transfer terms are not supplied by this proposal Reduced dependence on platform authentication Purchases can be backed up and used while compatible hardware remains available

PC Gamer describes DRM-free purchases from GOG as a practical counterexample: customers can back up the files and continue using them as long as compatible hardware remains available. That practice is different from a federal ownership guarantee. It also does not mean every game is permanently playable; software can still depend on operating-system support, hardware, third-party services or its own design.

Would every game have to work offline?

Not under the proposal as described. The announced requirement applies to games with online functionality and would require an offline mode before the supporting servers are shut down. The available announcement does not say that every multiplayer game must retain all online features, that servers must operate indefinitely, or how a publisher would implement an offline conversion.

An offline mode could preserve a campaign or core gameplay while removing matchmaking, leaderboards, live events and other services that require a connection. The final bill and any FTC rules would have to define what level of functionality satisfies the requirement.

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What happens next

Torres has announced his intention to introduce the bill; the cited material does not show a vote, enactment or rulemaking schedule. For players, that means the proposal is a policy argument rather than a protection they can invoke today. Existing access still depends on the purchase terms, the game’s technical design and the continued operation of any required services.

If Congress ultimately enacts legislation, the FTC would still need to establish regulations. Those rules could determine how ownership, transfers, delisting notices, server shutdowns and offline modes work in practice. Until then, a paid digital game can remain vulnerable to the same licensing and shutdown conditions that prompted the proposal.

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