GitHub - jbenoitdigitalpolicy/digital-media-lifespan-framework: A comprehensive legislative framework for digital game lifespan guarantees, storefront transparency, and end-of-life sunset protocols. · GitHub

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COMPREHENSIVE LEGISLATIVE FRAMEWORK FOR DIGITAL MEDIA TRANSPARENCY, CONSUMER PROTECTION, AND PRODUCT LIFESPAN GOVERNANCE

Target Entities: Federal Trade Commission (FTC), European Commission (Directorate-General for Justice and Consumers), State Attorneys General, and Platform Storefront Operators

Cover Note for Submission

"This proposal represents a balanced, market-driven compromise between publisher flexibility and consumer protection. It does not mandate infinite server hosting, nor does it burden small-scale or independent developers. Instead, it establishes baseline storefront transparency, mandates upfront lifespan commitments, and offers publishers statutory legal immunity in exchange for issuing basic end-of-life offline patches or community hosting protocols."

SECTION I. EXECUTIVE SUMMARY & DEFINITIONS

The modern digital media ecosystem relies heavily on software tied to central server infrastructure, creating an unfair consumer liability gap when service is terminated. This framework establishes binding rules for storefront disclosures, support lifespans, software end-of-life (EOL) protocols, platform interoperability, and AI integration, while balancing publisher flexibility through statutory legal safe harbors.

Standalone Software: Software downloaded locally that functions fully without requiring ongoing remote server authentication.

Online-Dependent Software: Software requiring continuous or periodic communication with publisher-hosted servers for core execution or gameplay.

Minimum Operational Lifespan (MOL): The guaranteed timeline during which a publisher commits to maintaining the online server infrastructure and technical support required to run the software.

SECTION II. STOREFRONT TRANSPARENCY & LIFESPAN MANDATES

1. False Ownership Prohibition

Storefronts are prohibited from using unqualified terms such as "Buy" , "Purchase" , or "Own" for online-dependent titles. Software requiring external authentication must be explicitly labeled at the point of sale as a "Revocable Digital License" along with a clear summary of access terms.

2. Guaranteed Minimum Operational Lifespan (MOL)

Publishers releasing online-dependent software must declare an active MOL prior to sale:

Standard Tier (3–10 Years): Premium titles ($70+ MSRP) must publicly commit to an MOL between 36 and 120 months .

Short-Term Service License (STSL) (1–2 Years): Titles with an MOL under 36 months are capped at reduced pricing tiers (e.g., maximum $30 MSRP or subscription-catalog inclusion) to prevent disposable premium cash-grabs.

3. Extension Deadlines

Publishers may extend an MOL at any time prior to the halfway mark of the active declared cycle (e.g., prior to 2.5 years into a 5-year commitment).

SECTION III. MANDATORY SUNSET REQUIREMENTS & SAFE HARBOR TRADEOFF

When an online-dependent title reaches its commercial end-of-life:

1. The Offline Functional Patch

Prior to server decommission, the publisher must issue a final software patch removing mandatory online authentication, rendering core single-player, campaign, or local modes executable offline.

2. Community Server Protocols

For multiplayer-focused titles, the publisher must release basic peer-to-peer networking binaries or unencrypted server hosting software to allow user-hosted servers.

3. Statutory Safe Harbor (The Publisher Incentive)

Publishers that fully comply with MOL declarations and issue functional EOL sunset patches/tools receive Statutory Safe Harbor Protection . This shields the publisher from consumer class-action lawsuits, platform penalties, or regulatory fines related to server termination.

SECTION IV. TECHNICAL LOOPHOLE PREVENTION & PLATFORM COMPLIANCE

1. Middleware Neutralization

Contracts entered into by publishers for third-party software, middleware, digital rights management (DRM), or anti-cheat integrations must include an explicit End-of-Life clause permitting the removal or bypass of such software upon server decommission. Third-party licensing constraints shall...