Abstract:
Mexican Senator Luis Donaldo Colosio Riojas and Representative Elis Reyes have proposed a legislative initiative to regulate the sale of digital games and other digital goods. The proposal intends to require publishers to set up mechanisms in advance so that games can still maintain functions after the official server is shut down; the platform must also explain whether consumers obtain product ownership or software license after payment.

Colosio previously criticized that consumers pay the owner's price, but the rights they actually obtain are more like those of renters. For purchased content, the proposal intends to treat the license agreement as an adhesion contract; if the platform revokes the consumer's access rights without providing guarantees for content preservation, compensation or refund, it will constitute a serious violation according to the proposal.
The proposal also intends to require foreign platforms selling digital goods in Mexico to set up a local address or legal representative to facilitate consumers to lodge complaints locally.
Two congressmen had previously filed a complaint with Mexico’s antitrust agency COFECE over Sony’s plan to stop producing PlayStation physical discs by 2028. They argue that a shift to digital sales will reduce price competition and render the second-hand game market useless. The proposal would extend the issue of digital purchasing rights to all digital publishers.
These requirements are still in the proposal stage and are not enacted law. The number and final text of the proposal have not yet been determined, and there is no voting schedule; the specific terms and whether it can obtain parliamentary support are still to be confirmed.
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