Loot Box Lawsuits Dismissed

An article on Bloomberg Law (may require registration or subscription) describes a court victory for Valve in a class action suit over loot boxes in games, and whether they constitute gambling. Another Bloomberg Law article (may require registration or subscription) details a victory by Google in a similar case. The Google ruling was based on US state law and article 230 of the CDA: "The plaintiff’s claims failed because loot boxes are legal under state law, and even if they weren’t, the Communications Decency Act shields Google under the alleged facts, Judge Beth Labson Freeman of the U.S. District Court for the Northern District of California said. Section 230 of the law immunizes internet platforms from liability for publishing content created by others." As for Valve, the case seemed to fail due to lack of evidence:
Valve Corp. beat a proposed class suit by parents alleging it failed to disclose gambling-like features in games with embedded loot boxes just a week after another federal court rejected a similar suit against Apple.

Here, a Washington federal court said the plaintiffs can’t support their claims because they didn’t see the allegedly deceptive materials.
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Re: Loot Box Lawsuits Dismissed
Jan 12, 2022, 06:36
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Re: Loot Box Lawsuits Dismissed Jan 12, 2022, 06:36
Jan 12, 2022, 06:36
 
Judge Labson then left to her 4 million dollar summer home in Aspen that she recently bought for $1 from an anonymous but major Google stockholder.
"Meet the new Boss, same as the old Boss." - The Who.
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Re: Loot Box Lawsuits Dismissed
Jan 12, 2022, 03:07
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Re: Loot Box Lawsuits Dismissed Jan 12, 2022, 03:07
Jan 12, 2022, 03:07
 
HoSpanky wrote on Jan 11, 2022, 17:03:
I don't see this as any different from Blind Boxes for toys
Or every collectible card game since Magic: The Gathering. Or Star Wars and baseball cards before them. I think those are more akin to gambling than video game loot boxes, since you're paying real money for unknown payouts. On the video game side -- is it gambling every time a video game has a random number generator, like when you step on a hut in Civilization and you don't know if you're going to get free technology or a stack of barbarians? Or when you kill bad guys and random coins, weapons and armor fall out? Or are boxes with keys specifically what make it gambling? I think if you're going to take it to court you'll need more than message board randos declaring a game is "obviously gambling", and you'd have to work with the definitions laid out in a jurisdiction's gambling laws.
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 20:18
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 20:18
Jan 11, 2022, 20:18
 
Sepharo wrote on Jan 11, 2022, 14:30:
He said "gumball machines" but I expect he probably meant the capsule toy machines next to the gumball machine. Which do operate pretty much exactly like lootboxes. You're guaranteed something is inside the box, but not necessarily the item you want. You have to buy more if you're trying to complete a collection or get a specific piece.

Never did win the Spongebob jellyfishing sticker. Curse you, sticker machine.

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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 19:36
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 19:36
Jan 11, 2022, 19:36
 
Ozmodan wrote on Jan 11, 2022, 14:52:
It is obviously gambling as anyone with any common sense can see.
Unfortunately, common sense isn't very common.
"The only way anyone can live in peace is if they're prepared to forgive." - The Doctor
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 17:03
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 17:03
Jan 11, 2022, 17:03
 
I don't see this as any different from Blind Boxes for toys, and those are legal. Literally, if you don't know precisely what you are buying, it's gambling. It's been around for forever, but now that it's in video games, NOW parents care?

As with many patents, it should be dismissed simply because "now it's being done on a computer" isn't really doing something particularly differently.
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 16:16
Wilhuf
 
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 16:16
Jan 11, 2022, 16:16
 Wilhuf
 
*throws wine glass*
What is a lootbox?
A miserable little
pile of gambling.
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 15:26
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 15:26
Jan 11, 2022, 15:26
 
Sepharo wrote on Jan 11, 2022, 14:30:
He said "gumball machines" but I expect he probably meant the capsule toy machines next to the gumball machine. Which do operate pretty much exactly like lootboxes. You're guaranteed something is inside the box, but not necessarily the item you want. You have to buy more if you're trying to complete a collection or get a specific piece.

A lot of gum ball machines which are placed in restaurants or back in the day rental stores would offer a prize if you drew, say, a black gum ball. I'd imagine that's what he was referring to.
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 14:52
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 14:52
Jan 11, 2022, 14:52
 
It is obviously gambling as anyone with any common sense can see.
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 14:30
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 14:30
Jan 11, 2022, 14:30
 
Cutter wrote on Jan 11, 2022, 14:19:
loomy wrote on Jan 11, 2022, 12:27:
it's definitely gambling, but so are gumball machines, so the laws are just loose

No, they're not. You're not guaranteed anything beyond a gumball, and that's precisely what you receive. Lootboxes promote prizes in a manner that make it seem like you have a good chance at receiving something special when 99% of the time you end up with garbage. You understand you may not win that special prize precisely because it IS a gamble.

He said "gumball machines" but I expect he probably meant the capsule toy machines next to the gumball machine. Which do operate pretty much exactly like lootboxes. You're guaranteed something is inside the box, but not necessarily the item you want. You have to buy more if you're trying to complete a collection or get a specific piece.
Avatar 17249
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 14:23
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 14:23
Jan 11, 2022, 14:23
 
https://docs.justia.com/cases/federal/district-courts/washington/wawdce/2:2016cv01941/240392/123

Full case history here but sort of broadly

1) 2017 case was brought forth
2) 2018 case sent to arbitration
3) arbitration basically destroyed the case
4) 2019 appeal of arbitration
5) half of the counts are dismissed with prejudice by judge (cannot refile)
6) today the rest of the counts are dismissed with prejudice
7) this kills the class action status of the case as well
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 14:19
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 14:19
Jan 11, 2022, 14:19
 
loomy wrote on Jan 11, 2022, 12:27:
it's definitely gambling, but so are gumball machines, so the laws are just loose

No, they're not. You're not guaranteed anything beyond a gumball, and that's precisely what you receive. Lootboxes promote prizes in a manner that make it seem like you have a good chance at receiving something special when 99% of the time you end up with garbage. You understand you may not win that special prize precisely because it IS a gamble.
"I like my coffee like I like my women. Black, with a side of prune danish." - Gilbert Gottfried
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 13:25
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 13:25
Jan 11, 2022, 13:25
 
It sounds to me like the plaintiffs didn't present their facts well. And/or the defense didn't have to try very hard. For something like this they would have needed to detail everything about the lootboxes in question, from the percentages of rare items to the secondary currency required to buy many of them, so on and so forth.

loomy wrote on Jan 11, 2022, 12:27:
it's definitely gambling, but so are gumball machines, so the laws are just loose
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Re: Loot Box Lawsuits Dismissed
Jan 11, 2022, 12:27
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Re: Loot Box Lawsuits Dismissed Jan 11, 2022, 12:27
Jan 11, 2022, 12:27
 
it's definitely gambling, but so are gumball machines, so the laws are just loose
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