jedtb16_ESO wrote: »jedtb16_ESO wrote: »Hand_Bacon wrote: »Not exactly you pay for a pack of x amount of cards, you receive x amount of cards, contract complete... law ends.
I think that's where people are getting tripped up a little. You aren't purchasing a chance of loot, you are purchasing loot. Just like the cards, you don't know what loot is inside, but there is loot. Contract still complete regardless of what the buyer is hoping to get out of the crate.
exactly...... kinder eggs anyone?
Kinder Egg never started as just chocolate then charged people for a "chance" of getting chocolate xD
i used to give my kids a little bit of money so they could buy a couple kinder eggs each. they weren't that interested in the chocolate - just the toys inside. they had a collection of them.... always excited to open them because they never new what they would get....
jedtb16_ESO wrote: »jedtb16_ESO wrote: »jedtb16_ESO wrote: »Hand_Bacon wrote: »Not exactly you pay for a pack of x amount of cards, you receive x amount of cards, contract complete... law ends.
I think that's where people are getting tripped up a little. You aren't purchasing a chance of loot, you are purchasing loot. Just like the cards, you don't know what loot is inside, but there is loot. Contract still complete regardless of what the buyer is hoping to get out of the crate.
exactly...... kinder eggs anyone?
Kinder Egg never started as just chocolate then charged people for a "chance" of getting chocolate xD
i used to give my kids a little bit of money so they could buy a couple kinder eggs each. they weren't that interested in the chocolate - just the toys inside. they had a collection of them.... always excited to open them because they never new what they would get....
How often did they want a specific toy? How many eggs did they have to buy to get the specific toy?
i have no idea. but i think your question is intended to be vexatious so i won't ring them up to check.
Plus you really can't compare the two, no matter how hard you try
jedtb16_ESO wrote: »Plus you really can't compare the two, no matter how hard you try
Hand_Bacon made the point that the purchase of a loot box was not a purchase of a chance of loot but definite loot - you just don't know which loot you are going to get. same for the eggs.... you will get a toy but you don't know which toy.
so, yeah. you can compare them because in both cases you are purchasing a definite, but unknown, something.
I get really indecisive when I see law debates here because, as a lawyer, I do want to participate on it. But, because I know the law is different everywhere, I also know that it doesn't matter much if I participate on it lol
Note: Although there are no ZOS servers here in Brazil, for any company to offer their services here, they must follow our law. Since there are Brazilian costumers, I decided to weight in.
I don't think that, here, this would be considered gambling - which is forbidden, lotteries being a monopoly of the government and any other kind of raffle needing to be authorized first - for two reasons:
1 - Crowns wouldn't be considered legitimate currency, but something that you buy within a game for legitimate currency - and you always get the exact number of Crowns you paid for.
2 - The definition of a gambling game in my country's Criminal Law is "A game on which winning or losing depend exclusively or mainly on luck". When you open a box, you won't find an empty box. Ever. Therefore, I doubt any judge will consider "losing" if you only get consumables. I don't think they would even consider opening the box "a game"; more like buying consumables and having a chance of getting something extra - and this is allowed.
MarkusLiberty wrote: »I would like this, there are several mounts I've been wanting to get which I never got originally, and I dont mind spending some money for a second chance at these.
I just have one request, please make it so that I cant get the same mount twice, it sucks having to spend money and get nothing in return.
If I counted correctly, there have been 17 time limited mounts available in the crown store. If already purchased mounts don't count, then the number of available mounts would degrees.
Which would mean that I have a 3 out of 15 chance of getting one of the mounts that I want. I can live with that.
jedtb16_ESO wrote: »Plus you really can't compare the two, no matter how hard you try
Hand_Bacon made the point that the purchase of a loot box was not a purchase of a chance of loot but definite loot - you just don't know which loot you are going to get. same for the eggs.... you will get a toy but you don't know which toy.
so, yeah. you can compare them because in both cases you are purchasing a definite, but unknown, something.
Khaos_Bane wrote: »MarkusLiberty wrote: »I would like this, there are several mounts I've been wanting to get which I never got originally, and I dont mind spending some money for a second chance at these.
I just have one request, please make it so that I cant get the same mount twice, it sucks having to spend money and get nothing in return.
If I counted correctly, there have been 17 time limited mounts available in the crown store. If already purchased mounts don't count, then the number of available mounts would degrees.
Which would mean that I have a 3 out of 15 chance of getting one of the mounts that I want. I can live with that.
You will get something in return. Consumables. You shouldn't be guaranteed a new mount every time.
Esquire1980g_ESO wrote: »I get really indecisive when I see law debates here because, as a lawyer, I do want to participate on it. But, because I know the law is different everywhere, I also know that it doesn't matter much if I participate on it lol
Note: Although there are no ZOS servers here in Brazil, for any company to offer their services here, they must follow our law. Since there are Brazilian costumers, I decided to weight in.
I don't think that, here, this would be considered gambling - which is forbidden, lotteries being a monopoly of the government and any other kind of raffle needing to be authorized first - for two reasons:
1 - Crowns wouldn't be considered legitimate currency, but something that you buy within a game for legitimate currency - and you always get the exact number of Crowns you paid for.
2 - The definition of a gambling game in my country's Criminal Law is "A game on which winning or losing depend exclusively or mainly on luck". When you open a box, you won't find an empty box. Ever. Therefore, I doubt any judge will consider "losing" if you only get consumables. I don't think they would even consider opening the box "a game"; more like buying consumables and having a chance of getting something extra - and this is allowed.
Councillor,
For your review. https://www.fdic.gov/news/news/financial/2010/fil10035a.pdf for overveiw. For US statute, see 31 USC 5361 - 5366, 12 CFR Part 233, and 31 CFR Part 32 (Treasury) called out in the overview referenced above. This Act does have specifics for "Cross Border" included. The definitions seem to be broad and the term "Due Diligence" is used more than once. You can read the overview/Statute and gain a opinion if such would be included. There are cases filed, by State Atty Generals now per this Act and they are making their way thru the Courts at his moment under authority of the UIGE.
The problem I see here, is customers making complaints v gaming companies to " transaction companies" with which "Due Diligence" would then be required and/or a State/Fed Atty General looking for another trial case.
Civil Tort is also being used, in fact now v a gaming company where customers are asking the Courts for relief. http://www.polygon.com/2016/6/23/12020154/counter-strike-csgo-illegal-gambling-lawsuit-weapon-skins-valve and this article included the actual complaint, which is why I linked the article and not the case, itself.
I have also refrained from offering legal opinions on a gaming forum altho I now have one. I have reviewed other legal opinions on Martindale, etc. You are free to make your own conclusions.
Esquire1980g_ESO wrote: »I get really indecisive when I see law debates here because, as a lawyer, I do want to participate on it. But, because I know the law is different everywhere, I also know that it doesn't matter much if I participate on it lol
Note: Although there are no ZOS servers here in Brazil, for any company to offer their services here, they must follow our law. Since there are Brazilian costumers, I decided to weight in.
I don't think that, here, this would be considered gambling - which is forbidden, lotteries being a monopoly of the government and any other kind of raffle needing to be authorized first - for two reasons:
1 - Crowns wouldn't be considered legitimate currency, but something that you buy within a game for legitimate currency - and you always get the exact number of Crowns you paid for.
2 - The definition of a gambling game in my country's Criminal Law is "A game on which winning or losing depend exclusively or mainly on luck". When you open a box, you won't find an empty box. Ever. Therefore, I doubt any judge will consider "losing" if you only get consumables. I don't think they would even consider opening the box "a game"; more like buying consumables and having a chance of getting something extra - and this is allowed.
Councillor,
For your review. https://www.fdic.gov/news/news/financial/2010/fil10035a.pdf for overveiw. For US statute, see 31 USC 5361 - 5366, 12 CFR Part 233, and 31 CFR Part 32 (Treasury) called out in the overview referenced above. This Act does have specifics for "Cross Border" included. The definitions seem to be broad and the term "Due Diligence" is used more than once. You can read the overview/Statute and gain a opinion if such would be included. There are cases filed, by State Atty Generals now per this Act and they are making their way thru the Courts at his moment under authority of the UIGE.
The problem I see here, is customers making complaints v gaming companies to " transaction companies" with which "Due Diligence" would then be required and/or a State/Fed Atty General looking for another trial case.
Civil Tort is also being used, in fact now v a gaming company where customers are asking the Courts for relief. http://www.polygon.com/2016/6/23/12020154/counter-strike-csgo-illegal-gambling-lawsuit-weapon-skins-valve and this article included the actual complaint, which is why I linked the article and not the case, itself.
I have also refrained from offering legal opinions on a gaming forum altho I now have one. I have reviewed other legal opinions on Martindale, etc. You are free to make your own conclusions.
Thank you for the information, I will certainly give it a read.
I love studying international law, although Consumer Rights isn't really my area. I work with Criminal Justice - In fact, my final presentation on College was an analysis of the evolution of age of majority and of criminal responsibility in England and Wales, in light of the recent discussion about lowering the age of criminal responsibility in Brazil.
Law in the USA is heavily based on legal precedents, which makes this very interesting to study because it is so different from here. Here, what a judge decides doesn't stop other judges for deciding differently, unless we are talking about the Supreme Court and they specifically say "That's how it is decided from now on". Yes, two cases that are identical can have completely different outcomes here, even in the same city.
I'll be sure to accompany the development of that case.
jedtb16_ESO wrote: »Plus you really can't compare the two, no matter how hard you try
Hand_Bacon made the point that the purchase of a loot box was not a purchase of a chance of loot but definite loot - you just don't know which loot you are going to get. same for the eggs.... you will get a toy but you don't know which toy.
so, yeah. you can compare them because in both cases you are purchasing a definite, but unknown, something.
I think it depends on if you consider the consumables to be comparable to the costumes, mounts and pets. With Kinder Eggs, you would always get a toy, and they were comparable - they were all toys, you wouldn't get, say, peanuts instead. You won't always get a mount, costume or pet from the boxes - you will too get just consumables.
Esquire1980g_ESO wrote: »jedtb16_ESO wrote: »Plus you really can't compare the two, no matter how hard you try
Hand_Bacon made the point that the purchase of a loot box was not a purchase of a chance of loot but definite loot - you just don't know which loot you are going to get. same for the eggs.... you will get a toy but you don't know which toy.
so, yeah. you can compare them because in both cases you are purchasing a definite, but unknown, something.
I think it depends on if you consider the consumables to be comparable to the costumes, mounts and pets. With Kinder Eggs, you would always get a toy, and they were comparable - they were all toys, you wouldn't get, say, peanuts instead. You won't always get a mount, costume or pet from the boxes - you will too get just consumables.
But then, the "value" consideration comes into play.
jedtb16_ESO wrote: »jedtb16_ESO wrote: »jedtb16_ESO wrote: »Hand_Bacon wrote: »Not exactly you pay for a pack of x amount of cards, you receive x amount of cards, contract complete... law ends.
I think that's where people are getting tripped up a little. You aren't purchasing a chance of loot, you are purchasing loot. Just like the cards, you don't know what loot is inside, but there is loot. Contract still complete regardless of what the buyer is hoping to get out of the crate.
exactly...... kinder eggs anyone?
Kinder Egg never started as just chocolate then charged people for a "chance" of getting chocolate xD
i used to give my kids a little bit of money so they could buy a couple kinder eggs each. they weren't that interested in the chocolate - just the toys inside. they had a collection of them.... always excited to open them because they never new what they would get....
How often did they want a specific toy? How many eggs did they have to buy to get the specific toy?
i have no idea. but i think your question is intended to be vexatious so i won't ring them up to check.
No, just noticing they were happy no matter which toy they received because they had no specific one they really wanted. If there was a certain specific item they really wanted, and didn't get, how many eggs would they [or you] have bought, trying to get the certain specific toy?
nimander99 wrote: »Esquire1980g_ESO wrote: »I get really indecisive when I see law debates here because, as a lawyer, I do want to participate on it. But, because I know the law is different everywhere, I also know that it doesn't matter much if I participate on it lol
Note: Although there are no ZOS servers here in Brazil, for any company to offer their services here, they must follow our law. Since there are Brazilian costumers, I decided to weight in.
I don't think that, here, this would be considered gambling - which is forbidden, lotteries being a monopoly of the government and any other kind of raffle needing to be authorized first - for two reasons:
1 - Crowns wouldn't be considered legitimate currency, but something that you buy within a game for legitimate currency - and you always get the exact number of Crowns you paid for.
2 - The definition of a gambling game in my country's Criminal Law is "A game on which winning or losing depend exclusively or mainly on luck". When you open a box, you won't find an empty box. Ever. Therefore, I doubt any judge will consider "losing" if you only get consumables. I don't think they would even consider opening the box "a game"; more like buying consumables and having a chance of getting something extra - and this is allowed.
Councillor,
For your review. https://www.fdic.gov/news/news/financial/2010/fil10035a.pdf for overveiw. For US statute, see 31 USC 5361 - 5366, 12 CFR Part 233, and 31 CFR Part 32 (Treasury) called out in the overview referenced above. This Act does have specifics for "Cross Border" included. The definitions seem to be broad and the term "Due Diligence" is used more than once. You can read the overview/Statute and gain a opinion if such would be included. There are cases filed, by State Atty Generals now per this Act and they are making their way thru the Courts at his moment under authority of the UIGE.
The problem I see here, is customers making complaints v gaming companies to " transaction companies" with which "Due Diligence" would then be required and/or a State/Fed Atty General looking for another trial case.
Civil Tort is also being used, in fact now v a gaming company where customers are asking the Courts for relief. http://www.polygon.com/2016/6/23/12020154/counter-strike-csgo-illegal-gambling-lawsuit-weapon-skins-valve and this article included the actual complaint, which is why I linked the article and not the case, itself.
I have also refrained from offering legal opinions on a gaming forum altho I now have one. I have reviewed other legal opinions on Martindale, etc. You are free to make your own conclusions.
Thank you for the information, I will certainly give it a read.
I love studying international law, although Consumer Rights isn't really my area. I work with Criminal Justice - In fact, my final presentation on College was an analysis of the evolution of age of majority and of criminal responsibility in England and Wales, in light of the recent discussion about lowering the age of criminal responsibility in Brazil.
Law in the USA is heavily based on legal precedents, which makes this very interesting to study because it is so different from here. Here, what a judge decides doesn't stop other judges for deciding differently, unless we are talking about the Supreme Court and they specifically say "That's how it is decided from now on". Yes, two cases that are identical can have completely different outcomes here, even in the same city.
I'll be sure to accompany the development of that case.
Game companies get around this by making us buy in game currency i.e Crowns. So the service we are purchasing is Crowns, what we do with them is not protected by the many anti internet gambling laws across EU. Its why games like TERA and Neverwinter get away with selling their gambling boxes.
I've been so excited for the future of this game, One Tamriel is right around the corner. Holiday events are coming up. Vvardenfel etc. But this has really taken the wind out of my sails.
SilentRaven1972 wrote: »My memory finally kicked in.....I used to play Neverwinter. Towards the end, I started using the test server to see just what it would take to get the "rare" drop from lockboxes. The last two tests I did before I quit it took 400 tries to get the "special" item. Another (different box since they drop new ones every 2-4 weeks) I opened over 1000 and never got the rare item. Granted, that was on a test server, but it told me all I needed to know. Those test servers are almost exact duplicates of the live servers.
If ZOS opens the door a tiny bit with those boxes, they may as well open the floodgates, put in an auction house, allow a crown exchange, and put out the welcome mat for the bots and gold sellers.
jedtb16_ESO wrote: »Plus you really can't compare the two, no matter how hard you try
Hand_Bacon made the point that the purchase of a loot box was not a purchase of a chance of loot but definite loot - you just don't know which loot you are going to get. same for the eggs.... you will get a toy but you don't know which toy.
so, yeah. you can compare them because in both cases you are purchasing a definite, but unknown, something.
I think it depends on if you consider the consumables to be comparable to the costumes, mounts and pets. With Kinder Eggs, you would always get a toy, and they were comparable - they were all toys, you wouldn't get, say, peanuts instead. You won't always get a mount, costume or pet from the boxes - you will too get just consumables.
...and will there be motifs in them?
ZOS_GinaBruno do you know when the article will be available with all the info? Also, do you by chance know if exclusive mounts will still be available to purchase or are they all going into the boxes?
anitajoneb17_ESO wrote: »