Loot boxes are a controversial topic to say the least, going from something that irked gamers to a concern that other organisations outside the world of games are getting involved in, and now the Belgian Gaming Commission (BGC) has waded into the topic, going as far as to suggest that criminal prosecution should be made against Activision Blizzard, EA, and Valve, as reported by GamesIndustry.biz.
The BGC recently released a report on the practice, and as has been stipulated by many in the past, they've defined what does and doesn't constitute gambling, and how these aforementioned companies overstep the lines with their games Overwatch, FIFA 18, and CS:GO respectively. This is why the Commission is suggesting criminal prosecution, but they add that they won't proceed until the Minister of Justice Koen Geens has met with stakeholders to talk about the matter. These developers weren't the only one under fire though, as license holders FIFA and Disney were targeted as requiring closer attention to what goes on in their games.
While talking to GamesIndustry.biz, BGC's director Peter Naessens said: "We are going to take all preparatory measures for the drafting of police reports, but it's not going to be tomorrow. There is a certain amount of time for the minister of justice, but it's not unlimited. We are going to take all preparatory measures for the drafting of police reports... There is a certain amount of time for the minister of justice, but it's not unlimited."
The BGC also recommends the creation of permits for games that feature these loot boxes, and making it clear which has them and which doesn't, as well as the recommendation for age verification when buying codes or gift cards, which would of course exclude minors from purchasing games featuring loot boxes. They also suggest that clarity on the odds of winning need to be provided, a user spending limit put in place, and that the technical assessment teams need complete control over the random number generators used for the boxes.
So what constitutes gambling for the BGC? Well, they define it as a game where a wager can either lead to a win or a loss, and which often involves chance, hence why Overwatch's random items factors into this, as players can buy loot boxes with currency to then try and get items.
"The chance of losing your wager (the cost of the loot box) is, of course, ever-present now that testimonies and research have shown that players have a substantial chance of obtaining an object or item that they already own," the report reads. "Both in the purchase of loot boxes and in the entire operation of the game, all of this can lead to pure manipulation of individuals or groups of players"
Card games have been offered as a defence of these practices, as you buy random packs of cards in a store with a random chance, but Naessens had a retort for this argument:
"It might be considered as gambling, but in our legislation there is an exception for it. So Pokémon cards, if they are going to introduce a wheel of fortune, roulette, or a blackjack game in order to determine the contents, it will also be problematic and we will examine it as well. But in our legislation, card or party games are exempt from gambling [legislation]. If Pokémon cards were to introduce the gambling element to their game, it would be very problematic as well."
It's also the way loot boxes are being encouraged as well, including an examination of the controversial 'exploratory' patent filed by Activision late last year, which was basically a system which, among other things, matched players with higher-ranked players to encourage them to spend, before putting them with low-ranking players once they did spend to simulate effectiveness.
There's also a point made by the BGC about the disconnect psychologically between real-world money and this in-game currency, which along with the use of limited edition items and celebrities like Cristiano Ronaldo to advertise the boxes, work to make it easier for players to open their wallets and spend. This is why the BGC considers the boxes dangerous, especially considering there's no spending limit.
Naessens also added that the BGC has been in contact with officials all over the world, including America, Asia, and others in Europe like Germany and Spain. "I cannot say there will be a European-wide common approach. But there is at least a common concern among regulators about those loot boxes and the use of gambling mechanisms in video games, so it will be up for discussion."
If you need reminding, the Netherlands Gaming Authority also recently declared that some loot boxes constituted gambling, specifically those "that require no skill element whatsoever, and contain exchangeable items that hold market value outside the game," requiring games like FIFA 18, PUBG, and Rocket League to remove the mechanic or face a fine and even a prohibition of sales.
What this means, then, is that the movement against loot boxes is more than just a group of players getting miffed at the practice, now it's becoming a growing concern in the eyes of official bodies that work to protect the rights of consumers. In fact, EA's CEO Andrew Wilson addressed this in a recent earnings call, saying that they'll be pushing forward with FIFA Ultimate Team, but that they'll be working with officials to make sure the loot boxes (or 'packs') are above board.
We don't know as of right now what consequences this uproar will have in the longterm, or whether or not this will actually change the practices of the big developers, but what we do know is that this discussion isn't going away any time soon, especially with the involvement of official bodies like the BGC.
Do you agree with all of the BGC report?