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the Supreme Court of Austria ordered that loot boxes contained within video games do not constitute gambling under their gambling laws.
It comes after a player tried to recover almost €20,000 ($24,000) spent on in-game purchases in a football video game.
The plaintiff spent game money on loot boxes between 2017 and 2021, with the aim of acquiring digital players to develop his virtual game team.
The court, however, considered that loot boxes are separate from the wider game, especially when examining whether they meet the gambling criteria under section 1, paragraph 1 of the Gambling Act.
During the case, the plaintiff stated that, since he did not need a license, opening loot boxes should be considered illegal gambling.
“The player can, through their own skills – that is, their chosen tactics and strategies, as well as their skill in operating the controller – control the flow of the game with the possibility of success, thus establishing a reasonable expectation to win.” According to the court in their decision, which player skill factor is the ultimate in the overall result of the game.
Loot boxes become a problem in gameplay
The rise of loot boxes in video games has seen the sector drive in-game purchases.
A recent study conducted in Norway found a correlation between children who played more video games and a higher risk of developing gambling problems later in life.
Games that focus on loot boxes and skins can see those between the ages of 12 and 17 encounter gambling issues well into adulthood.
In October, Brazilian lawmakers have banned it under the age of 18 from purchasing loot boxes.
President Luiz Inácio Lula da Silva made the decision, and it will be effective this year, that the first protections will take place in March.
“Promotion and marketing of gambling, 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 post The Austrian Supreme Court ruled that loot boxes are not gambling first appeared in ReadWrite.
