A network outage does not automatically erase a digital library. Properly configured consoles can play many downloaded games offline. Those safeguards matter—but they also reveal the bargain: access can depend on a prior download, a device license, account standing, and whether the game itself requires a remote service.
Major console storefronts commonly describe digital content as licensed rather than sold. Current terms can make access depend on license refreshes, supported devices, account status, distribution rights, and the continued availability of redownloads. Microsoft rules ↗ · PlayStation terms ↗
Delisting is not the same as deleting an existing purchase, but redownload access is still a platform commitment. Nintendo ended new Wii U and 3DS eShop purchases while saying redownloads would remain available for the foreseeable future; its older Wii Shop notice says redownload service will eventually end. Closure Q&A ↗
Physical media is not immortality. A disc or cartridge may still need patches, accounts, or servers, and online modes can disappear. But a playable build held locally remains structurally different: it is one particular copy that can usually be handed over, lent, or resold. Federal copyright law's first-sale rule addresses owners of lawful particular copies; it does not create a general digital-resale right. 17 U.S.C. §109 ↗
Preservation law supplies only a narrow backstop. Current exemptions can permit local restoration after a required authentication server permanently shuts down, but only under defined conditions. Broader preservation remains largely limited to eligible libraries, archives, and museums. 37 C.F.R. §201.40 ↗
California generally requires covered sellers using “buy” or “purchase” for digital goods to disclose that the transaction is a license and link to its restrictions. Better labeling is useful; it does not turn every license into permanent ownership. AB 2426 ↗
Digital delivery is convenient. The danger begins when convenience becomes the only route and the customer has no durable exit.
Ask for clear license labels, playable offline builds, reasonable redownload commitments, advance shutdown notices, end-of-service patches, transferable saves, and a physical option where practical. A library should not disappear because a login server, storefront, or licensing agreement did.