We shared with the NYAG that these types of boxes in our games are widely used, not just in video games but in the tangible world as well, where generations have grown up opening baseball card packs and blind boxes and bags, and then trading and selling the items they receive.
I think it’s possible that loot boxes (and real-world equivalents like trading cards) don’t violate existing anti-child-gambling laws, but if so, that’s a flaw in those laws that needs to be fixed rather than an indication that they’re totally fine and should be allowed to exist in their current form. They cost money and give an unpredictable reward where different options have different perceived value, so they’re quite clearly gambling to anyone who defines it based on its characteristics rather than an individual territory’s specific legalese.
There are also child gambling machines, like crane games, coin pushers, or that one with the moving light. I don’t get why stuff like that is okay. I’m not defending loot boxes, but I do think it’s really weird to single them out. Why don’t they just work to pass a law which bans all of them?
“According to New York law gambling occurs when a person wagers something of value on a contest or game of chance or some other thing outside of their control, and that a sum will be paid or something of value returned based upon a particular outcome set by the wager. This definition is broad. It includes everything from fantasy sports, cockfighting, dice, car racing for titles, and betting on sports.”
So to be clear, doesn’t there have to be a wager involved of some value in exchange for the loot boxes to take place before it reaches the threshold for gambling?
I haven’t played any of the games in the suit, so I don’t know how their loot boxes work, but I kind of assumed you just got them by random chance from playing. Can you buy loot boxes?
Edit:
I think I was missing that key detail which is you’re paying to open the loot boxes and that’s the “wager”.
If the loot boxes were free to collect and open then they wouldn’t have a starting value.
You can get them through playing but you can’t open them unless you buy a key for real money. Each key only opens one box so you basically have to pay for the random chance item
While you can generally also earn them through gameplay, it’s normal for lootboxes to be available for sale, either directly with money or via an intermediate currency that can be bought with money (which is generally specifically to skirt anti-gambling law or to force you to buy an amount of the intermediate currency that doesn’t exactly match anything you can buy with it).
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I think it’s possible that loot boxes (and real-world equivalents like trading cards) don’t violate existing anti-child-gambling laws, but if so, that’s a flaw in those laws that needs to be fixed rather than an indication that they’re totally fine and should be allowed to exist in their current form. They cost money and give an unpredictable reward where different options have different perceived value, so they’re quite clearly gambling to anyone who defines it based on its characteristics rather than an individual territory’s specific legalese.
There are also child gambling machines, like crane games, coin pushers, or that one with the moving light. I don’t get why stuff like that is okay. I’m not defending loot boxes, but I do think it’s really weird to single them out. Why don’t they just work to pass a law which bans all of them?
Yeah I’m confused by this too.
“According to New York law gambling occurs when a person wagers something of value on a contest or game of chance or some other thing outside of their control, and that a sum will be paid or something of value returned based upon a particular outcome set by the wager. This definition is broad. It includes everything from fantasy sports, cockfighting, dice, car racing for titles, and betting on sports.”
So to be clear, doesn’t there have to be a wager involved of some value in exchange for the loot boxes to take place before it reaches the threshold for gambling?
I haven’t played any of the games in the suit, so I don’t know how their loot boxes work, but I kind of assumed you just got them by random chance from playing. Can you buy loot boxes?
Edit:
I think I was missing that key detail which is you’re paying to open the loot boxes and that’s the “wager”.
If the loot boxes were free to collect and open then they wouldn’t have a starting value.
You can get them through playing but you can’t open them unless you buy a key for real money. Each key only opens one box so you basically have to pay for the random chance item
While you can generally also earn them through gameplay, it’s normal for lootboxes to be available for sale, either directly with money or via an intermediate currency that can be bought with money (which is generally specifically to skirt anti-gambling law or to force you to buy an amount of the intermediate currency that doesn’t exactly match anything you can buy with it).