The game buyer’s bill of rights
Over the past few years, I’ve become greatly concerned by what I’m seeing happening in the games industry, and what that means for consumers. This erosion of trust and good faith is doing great harm to a pass time which is intended to be fun. Many game companies are now actively engaging in egregious anti-consumer behaviour, products are now being released that are of questionable quality, and the industry appears to have become increasingly hostile towards its customers. As such, I have drafted 15 rights for game buyers that I believe the industry must abide by to prevent further such abuses.
#1 – A no-questions-asked refund option must be offered by all retailers within a reasonable time frame.
Customers should be able to return anything they purchased, for any reason, within a reasonable time frame. In the case of digital storefronts, which are becoming increasingly popular, Valve’s policy of fourteen days, or less than two hours played, is a reasonable benchmark. Refunds should, at minimum, be offered as store credit, but preferably as a credit to the purchaser’s chosen method of payment.
#2 – If a feature is added post release, which demonstratively impacts a game’s functionality or gameplay experience in a negative manner, and this was not disclosed at the time of purchase, the customer should be entitled to a full refund regardless of time played.
If a post-purchase update demonstrably impacts gameplay in an negative way, harms the performance of the game, prevents the user from playing the game, causes the user’s system to behave erratically, or installs unwanted third party software that was not disclosed at the time of purchase, and the developer fails to communicate or establish a reasonable time frame for fixing the issue, the customer should be entitled to a full refund at the publisher’s expense. Otherwise, users should be provided with the option to roll back to an older, working version of the software.
#3 – The inclusion of DRM and anti-cheat software, what they do, and how they interact with the purchaser’s computer, must be fully and clearly disclosed at the time of purchase.
Consumers have a reasonable expectation to know, and consent to, what software is being installed on their computers or consoles. As such, the use of DRM and Anti-Cheat schemes, and what exactly they do, should be fully and clearly disclosed at time of purchase.
#4 – The inclusion of microtransactions and loot boxes, and how they affect gameplay, must be fully and clearly disclosed at the time of purchase.
In addition, loot box odds should be made available in clear language. Parental controls that block or limit minors from making in-game purchases must also be provided, and must be simple and easy to use.
#5 – Publishers and online store fronts must not revoke access to games and software which the customer has legally purchased.
If a customer has bought a piece of software, they are under the reasonable impression that they own it for the lifetime of that software, provided it is not a subscription based product. While the need to limit the access of malicious people to online communities is understandable, they should still be able to access offline content such as single player modes. No customer should ever be fully locked out of a product they legally purchased.
Additionally, if a digital stores closes, they should provide users with tools to unlock games from DRM that ties it to the store’s platform, prior to servers being shut down.
#6 – Games should be reasonably functional at launch, and those that are not must clearly be marked as “public beta” or “early access” at the time of purchase.
While all games will have a few minor and unavoidable bugs, consumers do have a reasonable expectation that any product they purchase will work as advertised. If not, the customer should be entitled to a refund. If the game developer cannot guarantee this upon launch, it should be clearly marked as a “public beta” or “early access” title so they know that the game is not yet complete.
#7 – Developers, publishers, and retailers must provide a reasonable amount of communication regarding product issues and updates.
This also includes providing customers with monitored channels to discuss issues with the game’s publisher and developer, such as forums and social media accounts. Customer concerns should be answered in as timely a manner as possible.
#8 – Game industry staff should conduct themselves in a professional and customer service orientated manner at all times when dealing with the public.
There are difficult customers out there. That’s the inevitable reality of business. However, employees of a company, and their behaviour, reflects that of the brand and its culture. Staff behaving unprofessionally on social media has become a major issue within the industry, which is eroding consumer trust and good will. Game companies must act to reign this in.
The games industry should provide mandatory customer service training for all public facing employees. Games industry employees who take to social media to attack or berate any customer should face reprimands, as well as additional training as deemed appropriate.
#9 – Hardware must be reasonably free of defects, and all known issues must be repaired or replaced free of charge regardless of warranty status.
Hardware should be guaranteed as reasonably free of defects not caused by normal wear and tear. A defect is something that impairs the device’s normal operation, including premature failures of components under normal usage conditions. Programs should be provided that make it easy for the customer to send in their devices for repair. Known and widespread issues should be repaired with no expense to the consumer regardless of warranty status.
#10 – Members of the games media must not be black listed, denied review copies, or otherwise prevented from accessing information extended to other media outlets.
As game buyers rely on a wide array of media sources in order to make informed purchasing decisions, the industry must maintain press freedom, except in cases where a conflict of interest can be clearly demonstrated. This includes not “black listing” access to information from outlets that have “angered” individuals within the industry, if that information is otherwise being extended to friendly media outlets.
#11 – The industry must not censor journalists, commentators, and consumers from discussing publicly available information about a game, regardless of its source.
Consumers have the right to be fully informed when purchasing a product. By censoring negative information about a game, be it from publicly available leaks or otherwise, the customer is being prevented from educating themselves. By “publicly available”, that is information which is newsworthy and already has become widely known.
If that information is publicly available, the industry must not act to prevent that information being discussed provided no copyright laws are being broken. This includes misusing DMCA claims as a means of scrubbing leaks or censoring discussions critical of games or industry parties, whether it be by individuals or media outlets.
#12 – Any collection of personal information must be fully disclosed at the time of purchase, with the ability to reasonably opt out of any data collection that does not fundamentally impact gameplay.
People have the right to know what types, and how much, personal information is being collected by games and their service providers. Especially concerning games targeting children. Clear and easy methods must be provided to opt out of information collection if it is not required for gameplay.
#13 – DRM, anti-cheat software, or any other third party tool required for a game to function, must have no reasonable impact on performance, nor compromise the security of the customer’s computer.
All third party software included with the game should be fully disclosed, including a breakdown of what it does and what impact it will have on a person’s computer. No software should be allowed to operate at the root or kernel level of a PC unless it is absolutely required for the normal function of the machine. Any third party software should also receive regular and timely updates to patch security vulnerabilities that could allow a customer’s system to be compromised.
#14 – Customers should be provided a credit or extension to online subscriptions in cases of prolonged service outages.
Customers have a reasonable expectation that when they pay for a timed subscription, they’ll be able to use all the time they pay for. As such, prolonged outages of paid online services (more than a few days) should result in the customer being credited, or having their service extended to compensate for the outage, at no additional charge.
#15 – Publishers and retailers must respect all consumer protection laws in the jurisdiction in which the game was purchased.
The games industry is expected to abide by all laws in the jurisdictions in which they operate.
