“You’ll own nothing, but at least you’ll be happy.” Epic Games has recently updated its Terms of Service, sparking concern among users. The new conditions make it clear that those who refuse to accept the updated terms will lose immediate access to their Epic Games accounts.
Additionally, any violation of these terms could result in a permanent account ban without warning.
This move is not unusual in the world of digital storefronts and DRM platforms. Much like EA’s Origin, Ubisoft+, and major console ecosystems like Microsoft’s Xbox or Sony’s PlayStation, as well as Valve’s Steam (which is often hailed as the savior of PC gaming), these platforms all state that consumers do not actually own the media they purchase.
Instead, accounts can be suspended or banned, and access to purchased content can be revoked for reasons determined at the discretion of the platform owners.
Epic Games’ new Terms of Service come with strict guidelines for user conduct and usage rights, reflecting the same company’s pledge to remove “problematic” and “racist” terminology from the Unreal Engine, terms like “master” and “slave,” along with phrases like “blacklist” and “whitelist.”
These changes are particularly noted in sections concerning Termination, Indemnity, Ownership, and License Conditions.
Section 9, Termination, clearly states that failure to adhere to any part of the Terms of Service will result in automatic termination of the agreement. Users also have the option to terminate the agreement voluntarily by deleting all copies of the software, which will nullify their license to use Epic Games products.
In addition, Section 8, Indemnity, requires users to agree to indemnify Epic Games and its affiliates against any legal claims or actions resulting from user misconduct or violations of the agreement. This includes issues stemming from negligence, misuse of software, or infringement on third-party intellectual property rights via user feedback.
In terms of Ownership/Third Party Licenses (Section 6), Epic Games retains full ownership and intellectual property rights over its software and services, with user rights granted by license only, not by sale, again, this is literally nothing new or interesting as every other digital storefront barring GOG acts in such a manner.
The License Conditions (Section 2) of Epic Games’ updated Terms of Service further limit how users can engage with Epic’s software, including prohibiting commercial use, reverse engineering, distribution, or unauthorized modifications which would include creating unofficial game mods of games listed on the Epic Game Store, as modding often involves altering the game’s files or code to add new content or features, which is typically considered a form of modification or creating derivative works and if your account is pegged as a creator you could very well be banned as a result.
Users are also banned from engaging in behaviors that negatively impact the community, such as cheating or harassment, with the potential for immediate account sanctions. This serves as a warning to those who enjoy taunting or hurling slurs during high-stakes games like Fortnite.
Much like Microsoft’s Xbox platform, which treats “hate speech” more severely than cheating, or Electronic Arts, which may ban accounts for even mildly offensive remarks like “STFU,” Epic Games is now enforcing that in-game insults could lead to the permanent loss of your account.
These tough new terms have sparked debate over user rights and the potential consequences of strict enforcement on gaming communities. Many users are concerned about the lack of leniency and the risk of losing access to their accounts without the opportunity to appeal.
While Epic Games has not publicly explained the reasoning behind these changes, the update appears to align with a broader trend in the tech industry of imposing more controlled user environments to ensure legal compliance and safeguard intellectual property.
Furthermore, Epic Games has long since prohibited the use of Virtual Private Networks (VPNs) or proxy services to mask players’ locations. The company is firm in its stance against VPN use, which can help bypass regional restrictions in Fortnite, and will actively eject players detected as using such services as it has done so for several years.
Valve also takes issue with VPNs, but unlike Epic Games, their stance is less severe. For example, one of my Steam accounts was banned from accessing the Steam community for exploiting regional pricing, which resulted in the account being locked out from using Steam’s services entirely.
This means I can no longer purchase games, interact with friends, or participate in any community features on this specific account, which now lies effectively dormant, permanently invisible and inaccessible to anyone except myself.
A common reason for using a VPN on Steam is to exploit regional pricing discrepancies, where games are often offered at significantly lower prices in less affluent countries compared to Western nations like the US, Australia, or Canada. Much like Epic Games, Steam’s Subscriber Agreement explicitly prohibits users from using tools or techniques to disguise their location to circumvent geographical restrictions.
Violating these terms can lead to penalties, including account suspension or ban, which is another prime example as to why “Everything As A Service” is disastrous for consumers, you don’t truly own anything. Your access to products you’ve purchased can and will be revoked at the discretion of these companies, often for arbitrary reasons.
Epic Games, with its tumultuous launch of the Epic Games Store, has been no stranger to controversy, particularly due to its monopolistic exclusivity deals for games like Metro Exodus, Borderlands 3, Final Fantasy VII Remake, and Alan Wake 2. The latter still hasn’t turned a profit, and many gamers have expressed their distaste for the store for years, voicing outrage when games release on Steam with mandatory requirements for an Epic Games account due to their reliance upon its online services.
Adding fuel to the fire, Epic’s ties to Tencent, a Chinese conglomerate recently listed as a Chinese military company by the US Department of Defense, have raised serious concerns about privacy, data mining, and potential links to the Chinese Communist Party (CCP).
In this context, I doubt many will feel much outrage if their Epic Games account is suddenly banned for things like hate speech, derogatory behavior, or even something as vague as breathing.
After all, the only games most users would have on their Epic account if they even bothered creating one are those Epic has spent hundreds of millions promoting by giving away free titles week after week.
Over the years, games like BioShock Remastered, Batman: Arkham Collection, Darksiders, Dead Space, Dishonored, Dying Light, Fallout, Metro Exodus, Payday 2, and Grand Theft Auto V have all been offered for free, enticing anyone who opts to redeem them. This tactic is nothing more than an effort to get their foot in the door of your wallet, locking you into their ecosystem for the long haul.
This tactic of giving away games for free may seem harmless on the surface, but it’s just another way to lock consumers into a walled garden where access to their purchased products can be easily revoked for any reason Epic so chooses.
