The Author

Darius Gambino
Darius GambinoSaul Ewing Arnstein & Lehr LLP
Darius C. Gambino is a Partner at Saul Ewing Arnstein & Lehr LLP in Philadelphia. He has more than 25 years’ experience practicing patent, trademark, and copyright law in the United States and abroad.
The Journal on Emerging Issues in Litigation
Emerging Litigation Podcast
Emerging Litigation PodcastProduced by HB Litigation and Law Street Media
Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world.

Video Game or Casino? 

An International Examination of Loot Boxes and Gambling Regulations

“To date, and with exception of online casino games, access to most video games has not been strictly limited by age or other criteria. That, however, may be changing.”

Abstract: Video games are ubiquitous and wildly popular. They can be played alone, in competition against other gamers, and on teams. Users can access them via dedicated consoles, personal computers, and—contributing to their ubiquity—on smartphones and tablets. The industry generates nearly $100 billion in the United States alone and continues to grow. In addition to selling hardware and subscriptions, a great deal of revenue is derived from players paying for various types of upgrades. Some of these are seen as necessary to win, and some winnings come in the form of “loot boxes,” a virtual item that can be redeemed for other virtual items, like a new look for your avatar or a new virtual weapon. If you must pay to win, is that gambling? If so, shouldn’t it be regulated as such? And even though the average gamer is said to be 35 years old, the popularity of games among children and teenagers is well known. In this article the author explores the history of loot boxes, their impact on gaming culture, and the prospects for their global regulation.

Wakenya Kabui

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