Watch your loot boxes! – Recent developments and legal assessment in selected key jurisdictions from a gambling law perspective

Берегитесь лутбоксов! — Недавние события и правовая оценка в избранных ключевых юрисдикциях с точки зрения законодательства о азартных играх
Sebastian Schwiddessen, Philipp Karius
2018-06-20

consumer protectiongambling lawloot boxessecondary-market tradingyouth protection
So called loot boxes are one of the most important monetization methods for many companies in the video gaming, social gaming and social casino gaming industry. After the global skin betting scandal in 2016 and the 2017 loot-box uproar, loot boxes are now under investigation or even subject to legislative measures in several jurisdictions. Since then, numerous regulatory authorities, politicians and other stake holders have issued statements on the matter. From a legal perspective, loot boxes can touch gambling, youth protection, consumer and even financial laws. Characteristic of the 2017 loot-box debate was a black or white view and people taking extreme positions. In particular, gamers and people not familiar with the subject tend to condemn loot boxes as gambling. However, taking a closer look at selected key jurisdictions shows that the application of gambling laws depends on the jurisdiction and on the exact set up of the loot box mechanism. Furthermore, some questions are not conclusively solved yet – not even in those jurisdictions which are regarded as loot-box safe havens. One of these questions is, for instance, the impact of secondary-market trading of loot-box-generated items. This article evaluates the legal situation of loot boxes from a gambling law perspective in selected jurisdictions.
1
Application of gambling laws to loot boxes varies by jurisdiction and depends on the specific loot box mechanism setup.
2
Legally, loot boxes may implicate gambling, youth protection, consumer, and financial laws depending on circumstances.
3
Loot boxes are a major monetization method across video, social, and social casino gaming industries.
4
Since 2016–2017 scandals, loot boxes have faced investigations and legislative measures in multiple jurisdictions.
5
Some legal questions remain unresolved—e.g., the legal impact of secondary-market trading of loot-box-generated items—even in jurisdictions considered loot-box safe havens.

Loot boxes in video gaming, social gaming and social casino gaming

Legal assessment of loot boxes from a gambling law perspective across selected key jurisdictions, including applicability of gambling laws, regulatory measures, and issues like secondary-market trading

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2018-06-20
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Sebastian Schwiddessen
Philipp Karius
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