For DRM protected games that "phone home" for verification its when they are unable to reach "home" anymore (not just temporary outage). For online game its when the official servers are shut down.
Are there any other cases where this initiative would apply that I didn't mention?
https://citizens-initiative.europa.eu/initiatives/details/20...
> This initiative calls to require publishers that sell or license videogames to consumers in the European Union (or related features and assets sold for videogames they operate) to leave said videogames in a functional (playable) state.
> Specifically, the initiative seeks to prevent the remote disabling of videogames by the publishers, before providing reasonable means to continue functioning of said videogames without the involvement from the side of the publisher.