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They are brining up the good argument that this would essentially make baseball and pokemon cards gambling and illegal as well, I’m not a lawyer but with the way the law is written and from my understanding of it valve has a very good chance of getting this dismissed or wining in court. It would suddenly make many other things illegal if they loose.
In its motion to dismiss, Valve continued to heavily criticize the lawsuit. “Can parents purchase packs of baseball cards for their children?” it said. “Can families go to Chuck E. Cheese to play games of chance and exchange winning tickets for prizes? Can a child reach into a cereal box and grab a surprise toy? All these actions and more could lead to chargeable crimes under NYAG’s interpretation of gambling.”
Nah. I actually thought the same at first. I literally asked when this was first announced in the news if it wasn’t basically the same as Pokemon cards.
The problem is this. The company producing the Pokemon cards isn’t I hope actively providing a service to trade or resell them for monetary value based on rarity. Secondary markets exist for that but a first party Pokemon company market doesn’t exist for that.
This is where valve fucked up. They allow you to get a rare drop by chance, trade it for points, and use those points to buy something with real world value. It’s a lot more like pachinko than it is Pokemon cards or baseball cards.
In a casino you buy chips. Those chips can then be traded back to the casino for cash. When you bet on things at the casino you bet chips with the understanding that those chips are work a real world amount of money.
That is what makes gambling illegal in a lot of places. The ability to convert the gambled assets directly into spendable currency.
Pachinko does it a little different. You pay to play and when you win you get little trinkets. The pachinko parlor doesn’t let you trade them for cash or anything else. But you can go next door to a place that will buy those little trinkets for actual cash. Valve shouldn’t let you trade the points for anything with a fixed actual monetary value. Which is likely what they will do going forward if this lawsuit is successful.