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Austrian JudgeDeems Sony's Loot Boxes as Gambling, Imposes Penalty

Controversy surrounds Sony's FIFA 23 game, with a court judgment in Austria categorizing the Ultimate Packs as a form of gambling, sparking debate over loot boxes.

SymClub
Jun 21, 2024
2 min read
Newscasino
Sample player options in the FIFA 23 video game Ultimate Pack. An Austrian court judge has ruled...
Sample player options in the FIFA 23 video game Ultimate Pack. An Austrian court judge has ruled that they’re a form of gambling.

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Austrian JudgeDeems Sony's Loot Boxes as Gambling, Imposes Penalty

A Austrian judge has recently declared that the Ultimate Team packs in FIFA 23 qualify as a form of gambling, which means Sony will need to fork out some cash.

Last week, the judge ruled that these Ultimate Team packs are essentially a form of gambling, making EA and Sony's offering an illegal product in Austria. This decision means that anyone who bought these packs can claim a refund, though an appeal is expected.

The ruling stems from a 2020 lawsuit against video game developer Electronic Arts (EA) and Sony, accusing them of offering online gambling through loot boxes. The lawsuit was spearheaded by a group of players, including a minor, who spent over €400 (US$425) on the Ultimate Team packs. The group alleged that Sony knowingly allowed an illegal gambling element within a video game targeted at minors.

As per the judge's decision, the Ultimate Team packs could be considered an "additional value" for buyers, enabling them to reinvest and boost profits in a reinvestment game. In simple terms, they're a gambling mechanism. Sony's immediate liability amounts to €338.26, although they haven't commented.

Though EA was the game's developer, Sony was the defendant in the lawsuit because they handled the transactions. This decision could potentially cause problems for EA, Microsoft, and other similar companies.

Loot Box Controversy

Loot boxes are in-game products that enhance the gamer's status. These can range from simple avatars to advanced weaponry or skills, depending on the game.

Players have the option to buy these loot boxes, but they usually don't know in advance what they'll receive. This is why some argue that they should be classified as gambling.

Those against the gambling classification argue that since players always receive something for their purchase, loot boxes aren't gambling as there's a risk of buying and receiving nothing in return. They also argue that buying loot boxes isn't always necessary as in-game points, earned for free, can often be exchanged for surprise packages.

Several European countries have debated the loot box issue, but have yet to reach a consensus. In the Netherlands, EA was fined €10 million (US$10.64 million) for loot boxes in various games. However, a higher court overturned that decision.

In Austria and Germany, gaming companies have also had to provide refunds to customers for operating without a license.

Despite the ongoing debate, the FIFA soccer video game series hasn't been significantly impacted. In its first week, FIFA 23, the latest version, drew in 10.3 million players. The previous version, FIFA 22, had 9.1 million users in the first days following its release.

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