The State of New York is suing Valve, arguing that the loot box system found in certain games could be considered illegal gambling.
A lawsuit that could shake up the video game industry
The debate surrounding loot boxes has reached a new stage in the United States. The State of New York has filed a lawsuit against video game publisher Valve, known for its Steam platform, accusing it of incorporating a loot box system into its titles that is comparable to a form of illegal gambling. This mechanism is familiar to millions of players, but is now being scrutinised by the US authorities from a very different angle.
Loot boxes are based on the principle of chance. Players purchase a virtual box without knowing its contents in advance. Inside, they may find a variety of digital items, including skins or equipment whose rarity directly influences their value.
According to New York authorities, this system has all the characteristics of gambling. Players invest real money in the hope of obtaining a rare item, which can sometimes be exchanged or resold for money via certain digital platforms. This point is a key element in the complaint. When the items obtained can acquire real economic value, the line between entertainment and speculation becomes blurred.
An industry already under pressure for several years
For several years, governments, researchers and regulators have been examining the similarities between loot boxes and games of chance.
The economic model of video games has changed profoundly. Whereas players used to buy a complete game, many titles now rely on continuous in-app purchases. Loot boxes have become one of the financial pillars of certain popular online games.
The complaint filed in New York calls not only for an end to these practices, but also for players to be reimbursed for purchases deemed illegal. The authorities are also seeking financial penalties of up to three times the amount of the deemed illegal revenues.
Young players at the heart of concerns
One of the central arguments put forward by the authorities concerns the protection of minors. Loot boxes often appear in games accessible to teenagers and even younger audiences.
According to the complaint, repeated exposure to these mechanisms could normalise behaviours similar to gambling. This concern has fuelled political and academic debates for several years. Some experts believe that random rewards trigger behavioural responses comparable to those observed in traditional gambling.
Others, however, argue that there is a clear distinction between digital entertainment and casino games, claiming that virtual items remain linked to the gaming experience.
A legal battle with contrasting precedents
This is not the first time Valve has found itself in court over issues related to loot boxes. Parents had previously accused the company of indirectly encouraging spending on loot boxes by minors. The argument was based on the idea that families had been misled about the true nature of these mechanisms.
However, the US federal court dismissed the complaint. The judge highlighted the lack of evidence demonstrating direct harm, noting in particular that the plaintiffs had never used the platforms in question or played the games in question.
Whatever the verdict, it will have a lasting influence on how games are designed and marketed in the years to come.
Valve’s loot boxes in Belgium
In 2018, the Gaming Commission concluded that loot boxes legally meet the definition of a game of chance, as they are based on three key elements: a real payment, a random outcome and the possibility of obtaining a reward of value to the player. On this basis, the Belgian authorities considered that marketing them without a licence constituted a violation of national gambling legislation.
Several international publishers have therefore removed or modified these systems for Belgian players, while some games have even been withdrawn from the local market. In Valve games such as Counter Strike: Global Offensive, it is often possible to obtain loot boxes but not to purchase the keys to open them.