German Authorities Are Considering a Ban On Loot Boxes (heise.de)
Slashdot reader Qbertino writes: Heise reports that German authorities are examining loot boxes in video games and considering banning them in the country. Loot boxes might actually even violate laws against calls-to-purchase aimed directly towards minors that are already in effect. German authorities are also checking that. Loot boxes are randomized in-game item purchases that many people consider a form of gambling. The decision to take action against loot boxes in Germany is expected in March. Germany's Entertainment Software Self-Regulation Body has since clarified that Germany authorities are not considering a general ban on loot boxes, but are actually examining regulations of online advertising and purchasing as a whole.
"A closer look at the discussion is taking place, ie., if there are any specific risks and where to locate them legally. As part of that analysis the KJM (governmental institution responsible for youth protection regarding to online content/services) is taking a closer look at permitted and prohibited advertising in shop offerings. However these rules apply to online purchases in general, thus also to loot boxes," the rep said. "In the German debate this term [loot box] refers to a broad variety of different in-game or even just game-related purchase systems with more or less randomized items. Hence one cannot say that 'loot boxes' violate German laws, as each integration has to be evaluated as separate case."
"A closer look at the discussion is taking place, ie., if there are any specific risks and where to locate them legally. As part of that analysis the KJM (governmental institution responsible for youth protection regarding to online content/services) is taking a closer look at permitted and prohibited advertising in shop offerings. However these rules apply to online purchases in general, thus also to loot boxes," the rep said. "In the German debate this term [loot box] refers to a broad variety of different in-game or even just game-related purchase systems with more or less randomized items. Hence one cannot say that 'loot boxes' violate German laws, as each integration has to be evaluated as separate case."
My idea for the US: Just tell the state gaming commissions about loot boxes, and this problem will solve itself about 24 hours after the gaming commission shows up at the publisher's offices demanding to audit the code AND to have their slice of the pie, unless the publisher ceases and desists using loot boxes immediately.
It is gambling and it is a cynical attempt to screw the player to pay more money to unlock a game they've already paid for. So I'd be glad if they banned it, though Germany should be aiming for EU wide legislation.
I'd also like to see laws that ban virtual currencies which are purchased with real cash.
That would be too much nanny state for me, if you want to spend real world cash on virtual trinkets you should be allowed to do that. We don't generally restrict obsessive real world collectors either. What they should ban - and I really think this is deserving of a blanket ban - is the randomized rewards. You want to sell the loot in the loot boxes individually, so people can see the actual price of what they're buying that's fine. If you want to sell loot boxes then you go under all the same rules and restrictions as lotteries and gambling sites.
Live today, because you never know what tomorrow brings
Guys, it's simple: Games with loot boxes are targeting the same demographic that slot machines and roulletes do (real and virtual), only they do it without paying a gambling tax and without any age restrictions, so the governments are considering a ban on them to protect their tax revenue, they didn't magically start to care about the predatory nature of loot boxes or anything.
Big difference compared to slot machines. Those are played alone, player vs. machine. Many loot boxes in online games offer a competitive advantage. Its not about gambling against the machine, its paying to affect the competition between players. Loot boxes just add some randomness to how much money is needed to win.
So an end to the bullshit in games like "buy a handful of star berries 10x - $5, a bushel of star berries - 50x - $20, a grove of star berries - 150x - $50, a forest of star berries (BEST VALUE!) - 500x - $150".
You could still buy the trinkets but they should be a direct cash transaction that you pay the exact amount for. That way you know much you're paying and you're not buying an excess of virtual scrip in order to do it.
Psychologists have known for decades that the more you can disassociate the purchase from the actual transfer of cash, the more people will spend. People have a tendency to spend more carelessly (and thus spend more) when you disassociate the act of purchasing from the physical act of real cash leaving your possession.
Marketers know this and try to exploit it to generate more sales. This is why Disney likes to sell things in Disney Dollars, why casinos use chips, why some people get in trouble with credit card debt, why you can accidentally overspend when visiting a foreign country and paying with foreign cash. Regulators know it too and cast a wary eye towards anything which exploits it, especially if it involves gambling in the virtual currency.
I'm libertarian and pretty anti-nanny state too. But preventing exploitation of faults in basic human nature which causes people to harm themselves by acting irrationally is precisely one of the things government should be doing. We want to go see the wild rushing river during a flood despite the danger, so the government sends police to keep people away from it. We can get addicted to certain substances, so government regulates or prohibits its distribution. We enjoy the thrill of tempting death by bungee jumping, sky diving, or riding roller coasters. So the government regulates these things to assume minimum safety standards are met. And virtual currencies tend to exacerbate gambling problems, so the government keeps it on a short leash to prevent its widespread exploitation.
That changes the game from being non-deterministic to deterministic. Randomized rewards (e..g loot drop from game bosses, whether a basketball player can make that basket, whether a billiards player can make that shot, what hand you're dealt in poker, etc) are what makes a game non-deterministic. And for many (most) people, are the only thing that makes the game interesting. Eliminate randomness and you're basically playing glorified tic tac toe (chess is deterministic, and is only challenging because the number of possible outcomes exceeds our ability to simultaneously comprehend).