To the United States Congress and Federal Trade Commission (FTC):

We, the undersigned, call upon the U.S. government to enact legislation ensuring that digital media—including video games, movies, music, and software—remains accessible to consumers, regardless of company decisions to discontinue support, remove content, or shut down online services.

The Problem

As technology advances, more media is distributed digitally with built-in dependencies on company servers, digital rights management (DRM), and online authentication systems. When companies revoke access to content, legally purchased media often becomes completely unusable. This results in:

Consumer Harm: Customers who have lawfully purchased games, movies, or software lose access to content they paid for.

Cultural and Historical Loss: Many digital works are at risk of being permanently lost due to the inability to archive or access them.

Waste of Resources: Entire libraries of entertainment and software become obsolete, leading to unnecessary repurchasing or piracy as the only recourse.

Notable Examples & Precedents

1. MMORPG and Online Game Shutdowns – Titles such as City of Heroes (NCSoft, 2012) and The Matrix Online (Warner Bros., 2009) were permanently shuttered, despite active player communities. No official offline versions were made available.

2. Digital Storefront Closures – Sony attempted to shut down the PlayStation Store for PS3, PSP, and PS Vita in 2021, which would have resulted in hundreds of digital-only games becoming inaccessible. Public backlash forced a partial reversal.

3. DRM-Related Lockouts – Games such as Microsoft Flight Simulator X became unplayable when its DRM servers were taken offline, preventing legitimate users from reinstalling the software.

4. Streaming-Exclusive Movies & Shows – Warner Bros. Discovery removed Final Space from streaming platforms, making it unavailable for legal viewing, even for those who had purchased digital copies.

Proposed Solutions

We urge Congress and the FTC to implement regulations that require media companies to provide consumer-friendly alternatives when discontinuing products. These measures should include:

1. Mandatory Offline Patches – If a game or software requires an online server to function, the company must release an update that allows offline functionality before shutting down services.

2. Open Source & Emulation Support – If a company no longer wishes to maintain a product, it should be required to either open-source the software or allow third parties to legally maintain server emulation and patches.

3. Consumer Ownership Rights – Customers should have a legally protected right to access and preserve their digital purchases, preventing companies from remotely revoking access.

4. Data and Server Hosting Transition – Before shutting down an online service, companies should be required to offer a transition period where the community or non-profit organizations can take over hosting responsibilities.

5. Library of Congress Digital Preservation Expansion – Strengthen and expand existing exemptions under the Digital Millennium Copyright Act (DMCA) to allow the preservation of video games, software, and other digital media by libraries, museums, and academic institutions.

Legal Precedents & References

Digital Millennium Copyright Act (DMCA) §1201 Exemptions – The Library of Congress grants exemptions to allow museums and preservationists to bypass DRM on obsolete software and games, but these are currently limited and do not protect consumer access.

Right to Repair Movement – The recent push for right-to-repair laws for consumer electronics (e.g., Massachusetts’ Digital Right to Repair Law) demonstrates public demand for long-term accessibility to purchased products.

FTC’s Unfair and Deceptive Acts and Practices (UDAP) Authority – The FTC has the power to regulate misleading digital sales, including cases where companies revoke consumer access to purchased media.

EU Digital Content Directive (2019/770) – The European Union has already introduced regulations that strengthen digital consumer rights, requiring continued access to purchased digital content. The U.S. should adopt similar protections.

Why This Matters

The closure of online-dependent media and services disproportionately affects consumers who paid for access in good faith. Without intervention, thousands of games, applications, and digital works will disappear due to corporate decisions. Our proposal ensures a fair balance—allowing companies to move on while preserving digital culture and consumer rights.

We urge Congress to take action and establish laws protecting consumers from losing access to their legally owned media.

Sign this petition to demand lasting access to digital media!