THE Austrian Supreme Court decided that loot boxes present in video games do not constitute gambling within the meaning of their gambling laws.
It comes after a player attempted to recoup nearly €20,000 ($24,000) spent on purchases in a soccer video game.
The plaintiff spent in-game money on loot boxes between 2017 and 2021, with the aim of acquiring digital players in order to improve his virtual team in the game.
The court, however, found that loot boxes were distinct from gambling in general, particularly when assessing whether they met the criteria for gambling under Article 1(1) of the Gambling Act.
During the case, the complainant stated that since he did not have the necessary license, opening loot boxes should be considered illegal gambling.
“The player can, through his own skills – namely his chosen tactics and strategy, as well as his dexterity in using the controller – control the course of the game with a probability of success, thus establishing a rational expectation of victory. » The court said when making its decision, which factor of player skill was the ultimate factor in the overall outcome of the match.
Loot boxes are becoming problematic in games
The rise of loot boxes in video games has seen the industry shift towards in-game purchases.
A recent study carried out in Norway found a correlation between children who play a lot of video games and a higher risk of developing gaming problems later in life.
Games focused on loot boxes and skins could see people aged 12 to 17 experiencing gambling problems as adults.
In October, Brazilian lawmakers banned them under 18s to purchase loot boxes.
President Luiz Inácio Lula da Silva made this decision, which will come into force this year and the first guarantees will be put in place in March.
“Promotion and marketing of games of chance, fixed odds betting, lotteries, tobacco products, alcoholic beverages, narcotics or products prohibited for sale to children and adolescents”, according to Law 15211which protects children in the digital environment.
Featured Image: Gugerell via WikiCommons / CC0 1.0 Universal
The position Austrian Supreme Court rules that loot boxes do not constitute gambling appeared first on ReadWrite.
