How to Navigate California's Game Preservation Bill: A Comprehensive Guide

Overview

In a landmark move for digital preservation, California’s Assembly Bill 2426 (the “Stop Killing Games” bill) has cleared its fiscal committee review, moving one step closer to becoming state law. The bill would require video game publishers to either maintain online functionality for games after servers are shut down or provide full refunds to consumers. This guide explains the bill’s requirements, its implications for developers and players, and how to prepare for compliance or advocacy.

How to Navigate California's Game Preservation Bill: A Comprehensive Guide — Source: www.rockpapershotgun.com

Prerequisites

To fully understand this guide, you should have:

Basic knowledge of how online game services function (server architecture, matchmaking, digital rights management).
Familiarity with California’s legislative process (bill introduction, committee hearings, floor votes).
An interest in digital consumer rights or game preservation efforts.

No programming skills are required, but some technical terms are explained inline.

Step-by-Step Guide to Understanding the Bill

Step 1: Know What the Bill Proposes

AB 2426, introduced by Assemblymember Jacqui Irwin, targets games that require an online connection to function—even single-player titles with DRM checks. The core requirements are:

Maintain playability: Before sunsetting a game’s online infrastructure, the publisher must either release a patch that removes the server dependency (for example, a local offline mode) or transfer the game to a third-party preservation platform.
Provide refunds: If no preservation action is taken within 90 days of server shutdown, consumers who purchased the game within the prior 12 months are entitled to a full refund.

This applies to games sold in California after the law’s effective date (likely 2026 if passed).

Step 2: Understand the Fiscal Committee Vote

The bill recently passed the Assembly Appropriations Committee, which assesses financial impacts on the state. The 12-1 vote signaled that the committee expects minimal cost to California taxpayers (enforcement would be handled by the Department of Consumer Affairs). This clearance is a key hurdle; the bill now heads to the full Assembly floor for a vote. If it passes there, it moves to the Senate.

Step 3: Recognize the Opposition

The Entertainment Software Association (ESA) publicly opposes AB 2426, arguing that:

It would stifle innovation by forcing companies to maintain outdated server code.
The refund provision could be financially devastating for large catalogs of older titles.
Preservation is already handled by the Video Game History Foundation and similar non-profits.

However, supporters (including the Stop Killing Games campaign) counter that the bill only applies to paid titles—not free-to-play—and that refunds are a consumer right when a product becomes unusable.

Step 4: Identify Which Games Are Affected

The bill covers any digital or physical game sold in California that requires an online server connection to access core gameplay. Examples include:

Always-online single-player games (e.g., Diablo III on console).
Multiplayer-only titles (e.g., Knockout City after shutdown).
Games with mandatory DRM that phones home every session.

Exclusions: Subscription services (like Xbox Game Pass), free-to-play games, and games where the online component is purely cosmetic (skins, leaderboards) are likely exempted by the current language.

Step 5: Steps for Game Developers and Publishers

If you work for a studio that sells games in California, start preparing now:

Audit your catalog: List all titles with online dependencies, including legacy games still for sale.
Plan sunset protocols: For each game, design an “override patch” that removes server checks or simulates them locally. This could be as simple as a local LAN mode or a static AI bot.
Set up a refund mechanism: If you can’t preserve a game, create a system to issue refunds within 90 days after shutdown. This may require changes to financial systems.
Communicate publicly: Be transparent with your community—announce shutdown dates at least 6 months in advance, as recommended by the bill’s sponsor.

Step 6: What Consumers Can Do

As a player, you can support the bill or protect yourself:

Contact your Assemblymember: If you’re a California resident, use the state legislature website to find your representative and urge a “yes” vote on AB 2426.
Save proof of purchase: Keep receipts or transaction records for any always-online game you buy, in case refunds become necessary.
Support preservation efforts: Donate to the Video Game History Foundation or volunteer for server-emulation projects (e.g., City of Heroes private servers).

Common Mistakes

Mistake 1: Thinking the Bill Is Already a Law

AB 2426 has only passed one committee. It still needs a floor vote in the Assembly, then Senate approval, and the governor’s signature. Do not assume compliance is required yet—but begin planning, as the timeline is tight (the bill could become law by 2026).

Mistake 2: Assuming All Online Games Are Covered

Free-to-play games, subscription services, and games where the online feature is de minimis (e.g., optional leaderboards) are likely excluded. The bill targets paid titles that require online access for basic play.

Mistake 3: Overlooking Physical Media

Even a disc-based game can fall under AB 2426 if it requires an online activation or update to run. Check whether your physical copy has a mandatory server check.

Mistake 4: Forgetting About Refund Logistics

Publishers often lose track of customers after a few years. To comply, you may need to maintain a registry of sales or require users to register their purchase within the first 30 days. Plan for this administrative burden.

Summary

California’s AB 2426 represents a significant shift in consumer protection for digital goods. If enacted, game publishers will be legally obligated to either keep online-only games playable after server shutdowns or issue full refunds. While the bill faces strong opposition from the ESA, its recent fiscal committee approval signals growing legislative support. Developers should begin auditing their catalogs and planning sunset protocols; consumers should track purchases and voice their opinions to lawmakers. The path to law is still long, but this is a critical hurdle cleared.

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