The Stop Killing Games movement and the resulting Stop Destroying Videogames European Citizens' Initiative came to a head recently with a hearing in front of the European Commission, after a petition in support of the initiative garnered over 1.3 million signatures. Following the hearing, the European Commission published a press release detailing its response to the arguments presented by the Stop Destroying Games Initiative, and, while the Commission seemingly recognizes many of the issues with modern video game preservation and the consumer rights issues surrounding game licensing, the Commission has declined to put any laws in place to regulate the video games industry. It says that "The Commission considers that at this stage it cannot propose a legal obligation to keep video games playable after they stop being provided commercially." Instead, the European Commission will publish a code of conduct for the video games industry "on managing video games' end of life."

The European Commission justifies this course of action by stating that intellectual copyright concerns, which give copyright holders exclusive rights over their creations, and other IP rights "may also be relevant as they protect different visual and technological aspects of a video game." The Commission leans on existing EU law, which it says "provides for important safeguards protecting the economic interests of consumers," in that "video game providers must inform consumers about the duration and the conditions for terminating the contract before the consumers signs up for the video game." It goes on to point out that any consumer that is affected by a video game developer or publisher shutting down a game before the stated date may be eligible for a proportionate refund. The response by the Commission has largely been negatively received, with many gamers expressing their frustration at the lack of action in a follow-up post by the Commission on Instagram. Many of those commenting on the post say that they are disappointed that the democratic process seemed ineffectual, and many others said that a non-binding code of conduct is not what people asked for, blaming industry lobbying and monetary power for the lack of change. The full statement by the European Commission follows.

European CommissionThe European Commission will engage with consumers and publishers by the end of 2026 to explore ways to improve industry standards, as a response to the European Citizens' Initiative (ECI) "Stop Destroying Videogames".

Modern video games often rely on publishers' servers to function. Publishers may stop supporting these servers, leading the games to become partially or entirely unplayable. The ECI therefore invited the Commission to propose legislation ensuring that players can continue to play the video games after the publishers stop providing support for these games commercially.

The Commission considers that at this stage it cannot propose a legal obligation to keep video games playable after they stop being provided commercially. This is due, also, to existing intellectual property rights. Under EU copyright law, rights holders enjoy exclusive rights over their creations. In addition to copyright, other intellectual property rights may also be relevant as they may protect different visual and technological aspects of a video game.

Existing EU consumer law already provides for important safeguards protecting the economic interests of consumers. Video game providers must inform consumers about the duration and the conditions for terminating the contract before the consumers signs up for the video game. The Directive on digital content and digital services provides consumers with remedies when the content or service provided does not conform with the contract and what consumers could reasonably expect. Consumers may be entitled to proportionate refund of their purchases.

However, to address players' concerns, the Commission has committed to taking several steps.

First, it will initiate an exchange with the video game industry and consumer representatives with the aim to draw up an industry code of conduct on managing video games' "end of life".

Second, the Commission will work with consumer organisations and authorities to raise awareness about the applicable rights that protect consumers, including on safeguards protecting the economic interests of consumers. The Commission will report on the application of the Directive on digital content and digital services before the end of the year. Active enforcement of these existing consumer rights can also incentivise the providers to offer video games with longer lifespans and explore solutions for meeting consumer expectations.