EA Gets a Break in Austria, Arguing Loot Boxes Aren’t Gambling

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Electronic Arts (EA) has just won a pivotal court case in Austria, in which the publisher of video games argued that the loot boxes used in FIFA 23 did not constitute gambling.

Loot boxes have been the subject of fierce debate in places such as the Netherlands and Belgium that take a dim view of loot boxes in general. In Australia, the United States, and the United Kingdom lawmakers have called for regulating loot boxes as a form of gambling.

Australia, for example, introduced new guidelines on loot boxes in September, whereas Germany has also said that it is looking to toughen up on loot boxes.

Austria, though, seems to be taking the high road in all of this. The Higher Regional Court of Vienna concluded that FIFA 23’s digital containers could not fit the description of gambling. The ruling is based on the fact that the FIFA Ultimate Team packs bought by players, although random in nature, did not really entail the possibility of a monetary gain.

They were to be used solely in the game, which meant that they were hardly “gambling” to begin with. The ruling is based on both statutory laws and a closer look into the Austrian Gaming Act that currently regulates the existing gambling industry, which is greatly limited.

EA has naturally celebrated the ruling and argues that this verdict could help steer the debate around loot boxes and quash fears that digital containers are leading to addiction among adolescents and young people in general. A statement by the company read:

This is a direction-setting decision from the Higher Regional Court of Vienna and follows similar first instance decisions from other Austrian courts in recent months.

EA

EA said that it designed its games with fairness, value and fun in mind and that FUT packs were indeed not gambling – but a way for players to enjoy the game.

A Global Mesh of Anti-Loot Box Sentiment

However, the case may still make it to the country’s Supreme Court, as the Higher Regional Court of Vienna said that the plaintiffs would have the opportunity to push forward if they choose to.

It’s important to note that the court also said that FUT packs and FIFA 23 in general are a “game of skill” and not a “game of chance.” This is an important distinction to make as well.

Just because EA has won a reprieve in Austria, however, does not mean that the publisher can expect to get the same treatment in other jurisdictions.

The fact remains that for better or for worse loot boxes are seen as a conduit of gambling-like behavior in adolescents. Their “skill nature” or the fact that they are not bought to turn a profit is beyond the point for many responsible gambling advocates.

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