Torres Proposes 'Power to the Players Act' to Mandate Game Ownership and Offline Modes

Key points

• Rep. Ritchie Torres (D-NY) announced the 'Power to the Players Act,' directing the FTC to regulate video game sales to ensure consumers own the games they buy.
• The bill would require games with online functionality to offer offline modes before server shutdowns, preventing titles from becoming unplayable.
• Torres cited NBA 2K25 as a key example; the game is scheduled to delist on October 30 and shut down servers by December 31, roughly two years after its September 2025 launch.
• The legislation includes a right to transfer games, effectively allowing digital resale, a practice currently prohibited by major storefronts.
• The bill has not been formally introduced, and no cosponsors have been confirmed, leaving its full text and enforceability unassessed.

Background

This proposal follows the 'Stop Killing Games' campaign, which gathered nearly 1.3 million verified signatures in the EU but resulted in the European Commission declining a legal obligation in June. Additionally, California's 'Protect Our Games Act' stalled in a state Senate committee due to opposition from the Entertainment Software Association (ESA). Torres frames the new federal bill as a restoration of historical norms from the 1990s, when physical ownership was the standard.

How outlets are covering it

TechPowerUp and House.gov emphasize the consumer protection aspect, highlighting Torres' argument that current digital licenses are 'rentals disguised as sales.' Ars Technica notes that while the bill avoids requiring indefinite server maintenance, the requirement for offline modes may be technically infeasible for some online-only games. Tom's Hardware focuses on the legislative hurdles, noting that the bill faces a long path to enactment and likely heavy industry pushback, particularly regarding the right to digital resale. All sources agree that the bill has not yet been formally introduced, meaning its specific regulatory mechanisms remain unconfirmed.

Why it matters

If passed, this legislation would fundamentally alter the digital distribution model for video games, shifting the legal framework from revocable licenses to permanent ownership. This could impact the viability of online-dependent games and force developers to redesign game architecture to support offline play, potentially affecting the long-term availability and accessibility of digital titles for consumers.

What to watch

The bill must be formally introduced in Congress before any legislative progress can occur. Stakeholders will watch for the release of the full bill text to assess its enforceability and technical requirements. Industry groups, particularly the ESA, are expected to oppose the transfer rights and offline mode mandates, which could lead to significant lobbying efforts against the proposal.