jedtb16_ESO wrote: »and another thing.....
if the mystery items in the loot boxes are otherwise on sale for the same or higher price than the loot box you are not gambling.
you are making a blind purchase...
starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
Rohamad_Ali wrote: »Some good ideas being posted now to deal with this . The limited time exclusive to lockbox then crown store later deal is better then nothing . The idea of keeping exclusive items out of RNG boxes is best idea if we have to have these . Hope ZOS_MattFiror ZOS_GinaBruno and ZOS_JessicaFolsom are reading those posts from MAdkat124b14_ESO and others like MissBizz put in her good video .
Yeah I think putting items up for sale after a chance of them in the grab bag wouldn't be too bad. That was people can still choose to buy an item and make an informed decision on what exactly they are purchasing. Link to my video if anyone was wondering.
starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
OK, I see your point, but to be more precise concerning Casino chip's, In a Casino you bet directly with a token/chip you paid for with real money it had a direct money to token value rate.
In an online game you buy their own games currency, same as you did in the Casino, BUT you then exchange that currency for a further item, in this case a lock box, so we have now had 2 total transactions completed from the real money start to finally end up at the non monetary value rng item
You understand, you end up with a item that has no recognise value either monetarily or as a recognized commodity.. bassically you used you real money has part of a chain of exchanges to end up with nothing........and thats before you even open the box.........whether it contains anything or not is irrelevant. except in our case they have guaranteed you will get at least one consumable.
jedtb16_ESO wrote: »and another thing.....
if the mystery items in the loot boxes are otherwise on sale for the same or higher price than the loot box you are not gambling.
you are making a blind purchase...
I'd be totally ok with that. But they've already said some items are only available through the boxes
Personally, I think that it is best to wait until we get more information about these boxes and this new gem system, before we get out the pitch forks and torches. That being said I do understand how these boxes do not bode well with people.
starkerealm wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
OK, I see your point, but to be more precise concerning Casino chip's, In a Casino you bet directly with a token/chip you paid for with real money it had a direct money to token value rate.
In an online game you buy their own games currency, same as you did in the Casino, BUT you then exchange that currency for a further item, in this case a lock box, so we have now had 2 total transactions completed from the real money start to finally end up at the non monetary value rng item
You understand, you end up with a item that has no recognise value either monetarily or as a recognized commodity.. bassically you used you real money has part of a chain of exchanges to end up with nothing........and thats before you even open the box.........whether it contains anything or not is irrelevant. except in our case they have guaranteed you will get at least one consumable.
That's exactly the loophole being exploited here. Not that they convert it to another currency, but that ten fortifying crown meals or ten tripots are equivalent in value to a mount that previously sold in the store for $40.
starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
starkerealm wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
OK, I see your point, but to be more precise concerning Casino chip's, In a Casino you bet directly with a token/chip you paid for with real money it had a direct money to token value rate.
In an online game you buy their own games currency, same as you did in the Casino, BUT you then exchange that currency for a further item, in this case a lock box, so we have now had 2 total transactions completed from the real money start to finally end up at the non monetary value rng item
You understand, you end up with a item that has no recognise value either monetarily or as a recognized commodity.. bassically you used you real money has part of a chain of exchanges to end up with nothing........and thats before you even open the box.........whether it contains anything or not is irrelevant. except in our case they have guaranteed you will get at least one consumable.
That's exactly the loophole being exploited here. Not that they convert it to another currency, but that ten fortifying crown meals or ten tripots are equivalent in value to a mount that previously sold in the store for $40.
well. they don't actually say there is a mount in there, only that there is a 'chance', that is another HUGE difference too, and more specifically what is that 'chance' ? 1:10 or 1:10000000000000000000000000000000000000 ? now you see, they have not lied, just twisted the real truth.
anitajoneb17_ESO wrote: »
I unsubbed not uninstalled I haven't played since Friday either - but I don't want to leave. It just may force me to.
Edit: yeah, I've been playing FF and NMS
nimander99 wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
Fair enough, I live in the U.S myself. I have yet to see a single gaming company successfully sued in court for this practice. Hence: TERA, Neverwinter, B&S... And soon to be ESO. The list goes on. The reason these aren't won in court is because gamer's aren't winning $money$, they are winning pixels. So the courts look at it for what it is... Idiots being parted with their money.
starkerealm wrote: »starkerealm wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
OK, I see your point, but to be more precise concerning Casino chip's, In a Casino you bet directly with a token/chip you paid for with real money it had a direct money to token value rate.
In an online game you buy their own games currency, same as you did in the Casino, BUT you then exchange that currency for a further item, in this case a lock box, so we have now had 2 total transactions completed from the real money start to finally end up at the non monetary value rng item
You understand, you end up with a item that has no recognise value either monetarily or as a recognized commodity.. bassically you used you real money has part of a chain of exchanges to end up with nothing........and thats before you even open the box.........whether it contains anything or not is irrelevant. except in our case they have guaranteed you will get at least one consumable.
That's exactly the loophole being exploited here. Not that they convert it to another currency, but that ten fortifying crown meals or ten tripots are equivalent in value to a mount that previously sold in the store for $40.
well. they don't actually say there is a mount in there, only that there is a 'chance', that is another HUGE difference too, and more specifically what is that 'chance' ? 1:10 or 1:10000000000000000000000000000000000000 ? now you see, they have not lied, just twisted the real truth.
Nobody's making that argument.
The legal loophole being exploited is that it's not gambling so long as you're getting a random mix of items with at least roughly equivalent value to the money spent.
That's why they're putting consumables in these boxes, and, quite frankly, the only reason.
starkerealm wrote: »nimander99 wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
Fair enough, I live in the U.S myself. I have yet to see a single gaming company successfully sued in court for this practice. Hence: TERA, Neverwinter, B&S... And soon to be ESO. The list goes on. The reason these aren't won in court is because gamer's aren't winning $money$, they are winning pixels. So the courts look at it for what it is... Idiots being parted with their money.
No, the reason the existing lawsuits haven't gone anywhere is because the cases have been horribly managed. Most of the lawsuits in the US that actually went to trial were by lunatics representing themselves. The CSGO betting scene is the first one likely to actually get there because the money's too good.
Additionally, check your terms of service, you might not actually be allowed to sue ZOS, or Cryptic, or... you get the idea. Since a EULA that stipulates use of third party arbitration is legally binding here.
starkerealm wrote: »nimander99 wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
Fair enough, I live in the U.S myself. I have yet to see a single gaming company successfully sued in court for this practice. Hence: TERA, Neverwinter, B&S... And soon to be ESO. The list goes on. The reason these aren't won in court is because gamer's aren't winning $money$, they are winning pixels. So the courts look at it for what it is... Idiots being parted with their money.
No, the reason the existing lawsuits haven't gone anywhere is because the cases have been horribly managed. Most of the lawsuits in the US that actually went to trial were by lunatics representing themselves. The CSGO betting scene is the first one likely to actually get there because the money's too good.
Additionally, check your terms of service, you might not actually be allowed to sue ZOS, or Cryptic, or... you get the idea. Since a EULA that stipulates use of third party arbitration is legally binding here.
ToS are only an agreement between you and the company, they are NOT a legal agreement, they can write whatever they want in ToS, legally they mean NOTHING. at the very worse they can do is ban you from using their service thats it.
lordrichter wrote: »What you have to remember about SecondLife is that the currency is purchasable with real money and is tradable in game. This does not apply to ESO. Crowns are literally worthless in game and cannot be traded.
This means that SecondLife cannot be used as an example, in the case of ESO and the boxes.
GorraShatan wrote: »lordrichter wrote: »What you have to remember about SecondLife is that the currency is purchasable with real money and is tradable in game. This does not apply to ESO. Crowns are literally worthless in game and cannot be traded.
This means that SecondLife cannot be used as an example, in the case of ESO and the boxes.
They said they are bringing in gifting with crowns fYI.
ZOS_JessicaFolsom wrote: »Hi folks,
This email is legitimate and related to a gifting program we're working on. We've sent it to only a small number of our players to start so we can get feedback and refine the program. If you're interested in helping us, please submit a Support ticket and we'll get you on the list!
starkerealm wrote: »nimander99 wrote: »starkerealm wrote: »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.
Again, people keep bringing that up. And, it honestly wouldn't surprise me of some of the people in said companies think it's enough. It might actually be an effective screen in other countries, but in the US, gambling regulations can attach when betting occurs using tokens that have been purchased with actual money.
As I recall, one of the original purposes of casino chips was an attempt to skirt around existing laws regulating gambling. Rather obviously, that loophole got closed a long time ago.
Fair enough, I live in the U.S myself. I have yet to see a single gaming company successfully sued in court for this practice. Hence: TERA, Neverwinter, B&S... And soon to be ESO. The list goes on. The reason these aren't won in court is because gamer's aren't winning $money$, they are winning pixels. So the courts look at it for what it is... Idiots being parted with their money.
No, the reason the existing lawsuits haven't gone anywhere is because the cases have been horribly managed. Most of the lawsuits in the US that actually went to trial were by lunatics representing themselves. The CSGO betting scene is the first one likely to actually get there because the money's too good.
Additionally, check your terms of service, you might not actually be allowed to sue ZOS, or Cryptic, or... you get the idea. Since a EULA that stipulates use of third party arbitration is legally binding here.
jedtb16_ESO wrote: »and another thing.....
if the mystery items in the loot boxes are otherwise on sale for the same or higher price than the loot box you are not gambling.
you are making a blind purchase...
I'd be totally ok with that. But they've already said some items are only available through the boxes
I feel a little insightful education may help some, so here's a few videos from the Extra Credits crew that I highly recommend. Some of them show warnings of what the industry is doing, while others show support for what the industry is doing. Some of them have to do with the Free-to-Play model commonly seen on the mobile market, but I believe they still have some relevance here. Hopefully these are useful.
Microtransactions
The Skinner Box
Free to Play Laws - Can We Stop Predatory Practices?
Doing Free to Play Wrong - How Bad Monetization Harms F2P Games
Free to Play Is Currently Broken - How High Costs Drive Players Away from F2P Games
There's probably some others I could find, but I got to get on with my day. Seriously, they have a lot of insightful videos regarding the video game industry, and while they might not be spot-on with EVERYthing, they are fairly close to the mark with many things. Give their channel a look, because they rally as much for the player as the developer, and that's something I can respect them for.
As long as they:
- Only contain cosmetic stuff
- Never contain exclusive items
- Never contain the tiger mount
then I don't really care. I won't ever buy one but I won't begrudge anyone who wants to gamble for an old limited-time cosmetic.
jedtb16_ESO wrote: »jedtb16_ESO wrote: »and another thing.....
if the mystery items in the loot boxes are otherwise on sale for the same or higher price than the loot box you are not gambling.
you are making a blind purchase...
I'd be totally ok with that. But they've already said some items are only available through the boxes
so what?
provided an equivalent of said item is available at the same or higher price than the box it is still a blind purchase.
oanitajoneb17_ESO wrote: »
I unsubbed not uninstalled I haven't played since Friday either - but I don't want to leave. It just may force me to.
Edit: yeah, I've been playing FF and NMS
Off topic and will prob get deleted, but how you finding FF?