Do You Think You Own That Game You Just Bought? Think Again: The Degradation of Ownership Rights in the Digital Age

The digital age has redefined ownership, particularly within the video game industry, where End User License Agreements (“EULAs”) and licensing models have eroded traditional consumer rights. This Comment examines how U.S. courts’ broad enforcement of clickwrap and shrinkwrap agreements, combined with evolving monetization models and unilateral contract modification practices, has shifted bargaining power decisively toward game publishers. Using Activision Blizzard’s 2024 EULA as a case study, the Comment illustrates how licensing terms can restrict access, limit legal recourse, and undermine reasonable consumer expectations despite substantial upfront purchases. The Comment then situates these practices within existing consumer protection frameworks and evaluates California Assembly Bill (“AB”) 2624 as a targeted response to deceptive digital ownership representations. While California's AB 2624 is a promising example, this Comment concludes that federal legislation is necessary to address deeper structural deficiencies in digital ownership law, including unilateral contract modifications, inconsistent judicial enforcement, and the lack of standardized disclosures for digital goods and services.