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UK Gambling Commission pronounces loot boxes ‘not gambling’

  • tonemd
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    therift wrote: »
    tonemd wrote: »
    Skwor wrote: »
    Adernath wrote: »
    ANGEL_BtVS wrote: »
    Under UK law, to be considered gambling, prizes have to be either money or have a monetary value.

    [...]

    Though secondary markets do exist which do monetise loot boxes or Fifa cards, as they are unofficial they don’t count towards the gambling definition. Gambling Commission program director Brad Enright admitted that companies such as games publisher EA faced “a constant battle” against unauthorised secondary markets.

    This is a very odd argument from that person you quoted, because on the one hand it apparently assumes that lootboxes do not involve rewards having any monetary value (otherwise it would be gambling), on the other hand it is admitted that there exist a secondary market. But these secondary markets clearly do not work without any monetary value, which means that the rewards in fact DO involve a monetary value.

    It is a very lucid and well reasoned legal position. One that was predicted even on these forums months ago by several posters.

    Think a bit on your position. Using your line of reasoning(which in truth is the odd reasoning) the courts could outlaw all sports based on the fact that multiple secondary markets use sports outcomes as a gambling mechanism including monetizing the results.

    Legal, logical reasoning is a rigorous, deliberate process designed to be specific, otherwise everything would apply to everything in a legal matter.

    So if I enter a raffle to win a free burger from Wendy's by buying a raffle ticket, what part of the winnings have to be monetizeable for this to be gambling? Is it the burger itself, or the opportunity to get the burger?

    If it's the former, then you can obviously sell a burger, but you could also perhaps sell an account with a bunch of rare items attached to it from opening loot boxes. If it's the latter, then if the party providing the winnings has rules on transferability, then I guess the ruling makes sense.

    Are they assuming there is NO way to monetize items obtained from loot boxes, or just no DIRECT way?

    A raffle already is gambling, because there is prize, chance, and monetary consideration.

    The difference between your analogy and video game loot boxes is this: loot boxes are purchased with in-game currency which can be spent on anything in the game's storefront. The fact that some of the products in the storefront incorporate chance does not ipso facto create gambling.

    Further, if the video game company does not provide a means to convert in-game currency back to real world currency, then there is no monetary value or payout for buying a loot crate.

    I would go one step further: since the game and all of the products in the game are never delivered into the consumer's possession, it could be argued that purchasing game currency is merely paying for the additional entertainment service of having game features enabled for the consumer's account.

    As has been previously suggested, trying to define video game loot boxes as gambling under most jurisdictions' existing laws will not succeed. New legislation or an expansion of current legislation is required.

    Your explanation and Skwor's makes sense if that is that way UK (and I assume US) view the situation. And I suppose that is why Dave n Busters , Chuck E. Cheese , and every crap amusement park and grocery store claw machine can still allow children to participate in games of chance.

    Agreed, no way this will change, even if we "think of the children".
  • Kiralyn2000
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    I feel loot crates are WORSE than gambling because... "...to be considered gambling, prizes have to be either money or have a monetary value."

    With loot crates, you might as well light your money on fire.

    Of course, this is also true of direct-purchase digital "goods". That fancy 'non-gambling' mount skin you bought straight, for $10-20-30-whatever? It isn't "worth" anything either.
  • therift
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    tonemd wrote: »
    therift wrote: »
    tonemd wrote: »
    Skwor wrote: »
    Adernath wrote: »
    ANGEL_BtVS wrote: »
    Under UK law, to be considered gambling, prizes have to be either money or have a monetary value.

    [...]

    Though secondary markets do exist which do monetise loot boxes or Fifa cards, as they are unofficial they don’t count towards the gambling definition. Gambling Commission program director Brad Enright admitted that companies such as games publisher EA faced “a constant battle” against unauthorised secondary markets.

    This is a very odd argument from that person you quoted, because on the one hand it apparently assumes that lootboxes do not involve rewards having any monetary value (otherwise it would be gambling), on the other hand it is admitted that there exist a secondary market. But these secondary markets clearly do not work without any monetary value, which means that the rewards in fact DO involve a monetary value.

    It is a very lucid and well reasoned legal position. One that was predicted even on these forums months ago by several posters.

    Think a bit on your position. Using your line of reasoning(which in truth is the odd reasoning) the courts could outlaw all sports based on the fact that multiple secondary markets use sports outcomes as a gambling mechanism including monetizing the results.

    Legal, logical reasoning is a rigorous, deliberate process designed to be specific, otherwise everything would apply to everything in a legal matter.

    So if I enter a raffle to win a free burger from Wendy's by buying a raffle ticket, what part of the winnings have to be monetizeable for this to be gambling? Is it the burger itself, or the opportunity to get the burger?

    If it's the former, then you can obviously sell a burger, but you could also perhaps sell an account with a bunch of rare items attached to it from opening loot boxes. If it's the latter, then if the party providing the winnings has rules on transferability, then I guess the ruling makes sense.

    Are they assuming there is NO way to monetize items obtained from loot boxes, or just no DIRECT way?

    A raffle already is gambling, because there is prize, chance, and monetary consideration.

    The difference between your analogy and video game loot boxes is this: loot boxes are purchased with in-game currency which can be spent on anything in the game's storefront. The fact that some of the products in the storefront incorporate chance does not ipso facto create gambling.

    Further, if the video game company does not provide a means to convert in-game currency back to real world currency, then there is no monetary value or payout for buying a loot crate.

    I would go one step further: since the game and all of the products in the game are never delivered into the consumer's possession, it could be argued that purchasing game currency is merely paying for the additional entertainment service of having game features enabled for the consumer's account.

    As has been previously suggested, trying to define video game loot boxes as gambling under most jurisdictions' existing laws will not succeed. New legislation or an expansion of current legislation is required.

    Your explanation and Skwor's makes sense if that is that way UK (and I assume US) view the situation. And I suppose that is why Dave n Busters , Chuck E. Cheese , and every crap amusement park and grocery store claw machine can still allow children to participate in games of chance.

    Agreed, no way this will change, even if we "think of the children".

    I can only speak from Florida's perspective, and I am not an attorney; my familiarity comes from experience in the field of marketing. Other states may have very different views than mine.
  • BigBragg
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    I think this video does a decent job of covering the subject and transcript. The story isn't just about them not being declared gambling, but why as well as the type of attention they have from regulatory bodies.

    https://youtu.be/9WQr2V74Obk
  • xeNNNNN
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    BigBragg wrote: »
    I think this video does a decent job of covering the subject and transcript. The story isn't just about them not being declared gambling, but why as well as the type of attention they have from regulatory bodies.

    https://youtu.be/9WQr2V74Obk

    Yes Belluar does a fantastic job explaining the situation.

    There is one good thing that comes out of this and thats the fact that major parties within the industry and the commission itself are under the microscope of the government right now a lot of the time if they even end up before a committee like this it means its serious. Effectively they have to be honest if they lie here, it basically means they are publically lying to the government which is a big no go in the UK when it comes to official parliamentary hearing. Lobbying would do nothing for them if they did that.
    Ah, e-communities - the "pinnacle" of the internet............yeah, right.
  • MLGProPlayer
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    The UK is by far the most conservative country in Europe. This isn't a surprise.

    EU countries are more likely to rule loot boxes as gambling.
  • MartiniDaniels
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    I think EA just showed them amount of tax loss in case of industry-wide removal of those slot machines.
  • CMDR_Un1k0rn
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    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.
    In-game username: Un1korn | Happy member of the PCNA UESP guild (Resident Daggerfall Covenant enjoyer) | Main & basically only character: Crucian Vulpin, Imperial Dragonknight of the Daggerfall Covenant, and Undaunted Bulwark (I tank) | Mountain bike enjoyer and vulpine appreciator | If you know me from PCEU: No | To ZOS: THANK YOU FOR LETTING ME BRING MY HORSE INTO BATTLE!
  • VaranisArano
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    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.
  • Taloros
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    The comparison is not necessarily a good one, but... We made Heroin illegal because we don't trust people's self-control.

    Addiction can hit the most stable persons. And not everyone is the most stable person. Laws such as those about gambling are better to be oriented on the needs of those most susceptible, not those who (in their view) are not at risk. We don't necessarily have to go so far to evolve into a "nanny state" which prevents its citizens from taking any risk at all. But well, regulating gambling - including that in computer games - is far away from that.

    To add a tiny little bit of criticism: Those who deem themselves immune to the seduction of gambling may overestimate their resistance. Ask yourself this question: Who's more likely to avoid a danger: He who acknowledges it, or he who doesn't?

    We, especially men, are programmed to believe ourself a little bit invincible. Sad truth: We're not. A little more courage than reason would dictate is a good thing for humanity overall: Flying to the moon is a completely superfluous activity and not worth the risk for the individual. But it did inspire generations of people to achieve greatness. But gambling, well, doesn't really have a payoff like that.

    Instead, the existence of "whales" in MMOs, that is the exploitation of a small number of individuals to finance a hobby and the jobs of a lot of people, has cast serious doubt on the genre, at least from my perspective.
  • Jayman1000
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    The bottom line is the UK law does not specify loot boxes "legally as gambling". Even though lootboxes quite obviously is gambling bought with ingame currency that can be bought in significant or even unlimited amounts with real cash.

    Really, it's like saying blackjack and roulette in a casino is not gambling if you pay with jetons which is the casinos variant of "ingame" currency. Of course the difference is that in a casino real cash can be won and that is the distinction in the law. But it shouldnt be, it's a grave mistake. This is not the ultimate criteria that what we should define gambling as.

    The decision from the commission makes it obvious that the law needs to be made clear on this point. Politicians need to get out of their chairs and make laws that make it very clear that lootboxes/crates/chests whatever you name it (with random win chance, known or not) that can be bought either with real cash or with any type of currency (virtual or not) that can be bought with real cash is gambling. Period.
    Edited by Jayman1000 on July 25, 2019 5:14PM
  • Skwor
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    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.
  • Jeremy
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    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    The commission seems opposed to just a limited form of gambling where the prizes people gamble for is actual money. But regardless of where the United Kingdom wants to draw the line - it doesn't change the fact this is gambling because it obviously is. Not that I personally have a problem with gambling. Because I don't.
  • Ogou
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    Taloros wrote: »
    The comparison is not necessarily a good one, but... We made Heroin illegal because we don't trust people's self-control.

    Addiction can hit the most stable persons. And not everyone is the most stable person. Laws such as those about gambling are better to be oriented on the needs of those most susceptible, not those who (in their view) are not at risk. We don't necessarily have to go so far to evolve into a "nanny state" which prevents its citizens from taking any risk at all. But well, regulating gambling - including that in computer games - is far away from that.

    To add a tiny little bit of criticism: Those who deem themselves immune to the seduction of gambling may overestimate their resistance. Ask yourself this question: Who's more likely to avoid a danger: He who acknowledges it, or he who doesn't?

    We, especially men, are programmed to believe ourself a little bit invincible. Sad truth: We're not. A little more courage than reason would dictate is a good thing for humanity overall: Flying to the moon is a completely superfluous activity and not worth the risk for the individual. But it did inspire generations of people to achieve greatness. But gambling, well, doesn't really have a payoff like that.

    Instead, the existence of "whales" in MMOs, that is the exploitation of a small number of individuals to finance a hobby and the jobs of a lot of people, has cast serious doubt on the genre, at least from my perspective.

    Some people also claim to be dependent to caffeine. Should we ban it because of that?
  • Adernath
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    Skwor wrote: »
    Adernath wrote: »
    ANGEL_BtVS wrote: »
    Under UK law, to be considered gambling, prizes have to be either money or have a monetary value.

    [...]

    Though secondary markets do exist which do monetise loot boxes or Fifa cards, as they are unofficial they don’t count towards the gambling definition. Gambling Commission program director Brad Enright admitted that companies such as games publisher EA faced “a constant battle” against unauthorised secondary markets.

    This is a very odd argument from that person you quoted, because on the one hand it apparently assumes that lootboxes do not involve rewards having any monetary value (otherwise it would be gambling), on the other hand it is admitted that there exist a secondary market. But these secondary markets clearly do not work without any monetary value, which means that the rewards in fact DO involve a monetary value.

    It is a very lucid and well reasoned legal position. One that was predicted even on these forums months ago by several posters.

    Think a bit on your position. Using your line of reasoning(which in truth is the odd reasoning) the courts could outlaw all sports based on the fact that multiple secondary markets use sports outcomes as a gambling mechanism including monetizing the results.

    Legal, logical reasoning is a rigorous, deliberate process designed to be specific, otherwise everything would apply to everything in a legal matter.

    Thanks, I agree with that.
  • therift
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    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word
    Edited by therift on July 25, 2019 8:34PM
  • Jeremy
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    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    You make a solid argument.

    But you have to keep in mind if it was regulated in respect to minors it might open video companies up to potential law suits. Many companies may decide it's just not worth the risks and end the practice in totality. So it could end up affecting adult customers in that way. Being an M-rated game (in theory) means no minors should be playing. But the M rating has not stopped previous games from having lawsuits brought against them. And it's a lot easier to know who your customers are when you meet them face to face as in the case of buying lottery tickets.
    therift wrote: »
    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word

    It is gambling. It may not meet the legal specifications (which is basically what I said in that post) but it is gambling nonetheless.

    Gambling as a word is not restrained to gambling for cash. When ever you play a game of chance to win prizes it is by definition gambling.

    Also: just because something is illegal or not supported by the publisher - that does not mean it loses it's "monetary value". The black market is alive and well.
  • VaranisArano
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    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.
    Edited by VaranisArano on July 25, 2019 9:00PM
  • Loves_guars
    Loves_guars
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    I don't know if you had this thing in your country, but when I was a kid we had these "sticker albums". It was pure gambling, for kids. But guess what? Our parents were responsible enough to manage our money and teach us how to spend it. We didn't have an endless supply of money to throw away.

    I think people need to start taking responsability for their actions. If you are addicted to gambling, it started somewhere. Yes, companies will take advantage of it, but at the end, you clearly have money to waste.
    Edited by Loves_guars on July 25, 2019 9:02PM
  • therift
    therift
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    I should have made another point which will lay the 'loot box is gambling' argument to rest once and for all. The point is based on a fundamental misconception the opponents of loot boxes make: you do not own the game nor anything you 'buy' in the game.

    That's worthy of emphasis: you do not own anything in ESO.

    Now, this misconception is easy to make. Players pay money for an edition of ESO and are then able to create and play an account. On the surface, this appears to convey ownership of something when in fact it does not. The misconception would be more apparent if ESO were a subscription based game rather than a single transaction game. Fail to pay the subscription, and the account is suspended. You pay something at certain intervals to continue account access. This is readily understood.

    The only difference between ESO's one-time transaction and a subscription based model is the interval of payments. With ESO, players pay once for a lease whose termination date depends on how long the servers remain open. Subscription models include a time limit for payment. Time Limit is the only difference between the two models.

    If a player purchases Crowns, the player is providing ZoS with credit on account, after the one-time, open-end lease payment, to turn on select entertainment enhancements, such as cosmetics, classes, DLCs, etc. Some of these entertainment enhancements incorporate random chance of unlocking enhancements from a selection of enhancements.

    There is no Prize with Crown Crates. There is nothing that is delivered into the possession of the player. Crown Store items cannot be redeemed for cash or a convertible item of value; they are merely entertainment enhancements. An analogy would be cable television service: the cable subscriber pays a monthly subscription for access to a selection of television channels. The subscriber may choose to pay additional subscription for additional channels. The channel content is not delivered to the subscriber; she/he does not own them after paying the cable provider for access. The subscriber has paid for access but does not own the content, even if 'downloaded' for future viewing or replay.

    Since ESO players own neither the game nor the account nor the enhancements they may have paid to have added to the account, a gambling Prize does not exist. Without a Prize... without something of value conveyed to the player's possession that she/he can convert to use elsewhere, it is impossible to argue that loot boxes are gambling... despite the very plausible argument that the behavior encouraged by loot boxes closely parallels or takes advantage of actual gambling as defined by law.


    edit: spellcheck sucks; missing dependent phrase
    Edited by therift on July 25, 2019 9:08PM
  • therift
    therift
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    ✭✭✭
    Jeremy wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    You make a solid argument.

    But you have to keep in mind if it was regulated in respect to minors it might open video companies up to potential law suits. Many companies may decide it's just not worth the risks and end the practice in totality. So it could end up affecting adult customers in that way. Being an M-rated game (in theory) means no minors should be playing. But the M rating has not stopped previous games from having lawsuits brought against them. And it's a lot easier to know who your customers are when you meet them face to face as in the case of buying lottery tickets.
    therift wrote: »
    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word

    It is gambling. It may not meet the legal specifications (which is basically what I said in that post) but it is gambling nonetheless.

    Gambling as a word is not restrained to gambling for cash. When ever you play a game of chance to win prizes it is by definition gambling.

    Also: just because something is illegal or not supported by the publisher - that does not mean it loses it's "monetary value". The black market is alive and well.

    The black market for stolen goods is likewise alive and well. The existence of a stolen goods market does not make the victim of robbery a party to it.

    You're viewing the definition of gambling from a non-legal perspective. I agree with your assessment. Throwing loot boxes into that statutory gambling bucket isn't the correct solution. A different approach is needed.
  • Jeremy
    Jeremy
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    ✭✭✭✭✭
    therift wrote: »
    Jeremy wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    You make a solid argument.

    But you have to keep in mind if it was regulated in respect to minors it might open video companies up to potential law suits. Many companies may decide it's just not worth the risks and end the practice in totality. So it could end up affecting adult customers in that way. Being an M-rated game (in theory) means no minors should be playing. But the M rating has not stopped previous games from having lawsuits brought against them. And it's a lot easier to know who your customers are when you meet them face to face as in the case of buying lottery tickets.
    therift wrote: »
    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word

    It is gambling. It may not meet the legal specifications (which is basically what I said in that post) but it is gambling nonetheless.

    Gambling as a word is not restrained to gambling for cash. When ever you play a game of chance to win prizes it is by definition gambling.

    Also: just because something is illegal or not supported by the publisher - that does not mean it loses it's "monetary value". The black market is alive and well.

    The black market for stolen goods is likewise alive and well. The existence of a stolen goods market does not make the victim of robbery a party to it.

    You're viewing the definition of gambling from a non-legal perspective. I agree with your assessment. Throwing loot boxes into that statutory gambling bucket isn't the correct solution. A different approach is needed.

    Sounds like we basically agree then. I wasn't trying to suggest that ZoS would be a party to it - only that items did not lose their value solely because it was obtained illegally.
    Edited by Jeremy on July 25, 2019 9:25PM
  • therift
    therift
    ✭✭✭✭✭
    ✭✭✭
    Jeremy wrote: »
    therift wrote: »
    Jeremy wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    You make a solid argument.

    But you have to keep in mind if it was regulated in respect to minors it might open video companies up to potential law suits. Many companies may decide it's just not worth the risks and end the practice in totality. So it could end up affecting adult customers in that way. Being an M-rated game (in theory) means no minors should be playing. But the M rating has not stopped previous games from having lawsuits brought against them. And it's a lot easier to know who your customers are when you meet them face to face as in the case of buying lottery tickets.
    therift wrote: »
    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word

    It is gambling. It may not meet the legal specifications (which is basically what I said in that post) but it is gambling nonetheless.

    Gambling as a word is not restrained to gambling for cash. When ever you play a game of chance to win prizes it is by definition gambling.

    Also: just because something is illegal or not supported by the publisher - that does not mean it loses it's "monetary value". The black market is alive and well.

    The black market for stolen goods is likewise alive and well. The existence of a stolen goods market does not make the victim of robbery a party to it.

    You're viewing the definition of gambling from a non-legal perspective. I agree with your assessment. Throwing loot boxes into that statutory gambling bucket isn't the correct solution. A different approach is needed.

    Sounds like we basically agree then. I wasn't trying to suggest that ZoS would be a party to it - only that items did not lose their value solely because it was obtained illegally.

    We do.

    I think the best avenue in the United States is through the Federal Trade Commission to determine if the loot box mechanism is predatory under the Federal Unfair Trade and Deceptive Practices Act, which covers a number of activities that are defined as 'predatory' because the essentially take advantage of consumers' penchant for irrational behavior. Most, if not all, U.S. states have their own versions of UT&DP, some more restrictive than the Federal standard.

    I think that an argument that loot boxes should be regulated could be made there because of the similarities of behavior associated with gambling as defined by law and loot box purchases. If the FTC were to examine internal documents of publishers that lead to development, implementation, and marketing of loot boxes, and if those documents showed that the development of loot boxes were predicated upon the science of regulated gambling, then the FTC could promulgate regulatory action without having to go through Congress for legislation.
  • Iskiab
    Iskiab
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    TLDR: if UK folks think loot boxes are gambling, you gotta pass a law that has a bigger definition of gambling.

    As an American, I'm now curious as to where our laws fall on this.

    American institutions are filled with the lobbyists they’re meant to monitor. Zero chance they’d do a thing unless it’s against an industry that isn’t playing the game like tech. They get looked at because they don’t contribute enough in political donations.
    Edited by Iskiab on July 25, 2019 9:46PM
    Looking for any guildies I used to play with:
    Havoc Warhammer - Alair
    LoC EQ2 - Mayi and Iskiab
    PRX and Tabula Rasa - Rift - Iskiab
    Or anyone else I used to play games with in guilds I’ve forgotten
  • Skwor
    Skwor
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    ✭✭✭
    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.

    No your still being a sophist, more nuanced still means "think of the children" and avoids any attempt at real reason. ESO is rated M glad you agree with that. No children should be playing, if parents let them it is on the parents and not the responsibility of any government to step in and play oversight for poor parents. PERIOD.

    Since you agree ESO is rated M, who cares then on the ESO forum what other games may be doing? Go discuss those games on their forums.

    I see no point discussing other games practices and potential gambling issues on an ESO forum, I mean just "think of the children" who may be on these forums reading your posts and possibly tempted to try those other games. Shouldn't we not mention them to avoid tempting "the children?"

    Edited by Skwor on July 25, 2019 9:57PM
  • Skwor
    Skwor
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    therift wrote: »
    Jeremy wrote: »
    therift wrote: »
    Jeremy wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    You make a solid argument.

    But you have to keep in mind if it was regulated in respect to minors it might open video companies up to potential law suits. Many companies may decide it's just not worth the risks and end the practice in totality. So it could end up affecting adult customers in that way. Being an M-rated game (in theory) means no minors should be playing. But the M rating has not stopped previous games from having lawsuits brought against them. And it's a lot easier to know who your customers are when you meet them face to face as in the case of buying lottery tickets.
    therift wrote: »
    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    Your generalization is incorrect, because you have generalized. Law uses precision language - the mumbo-jumbo legalese we all sneer at - because imprecision can have deleterious unintended consequences.

    The three elements of gambling are Prize, Chance, and Consideration. Consideration has a precise legal definition that is just as important as Prize and Chance. Under your generalization, a vast amount of innocuous activity would become unlawful.

    Let's take Skwor's Crackerjacks box and prize as an example. There are the elements of Prize and Chance, but there is no Consideration required to win the prize. A box of Crackerjacks has the same price with or without the prize. Therefore it is not gambling.


    Jeremy wrote: »
    Seems like gambling to me. You play at a game of chance in the hopes of obtaining prizes. That's essentially what gambling is.

    As far as the prizes being monetized - it costs crowns to play the game. So there is the monetary value right there. Whether you can convert the actual prizes into legal cash or not doesn't seem particularly relevant to me - especially since people sell their video game accounts all the time and rare prizes obtained through loot boxes could enhance the value of these accounts.

    Here, you have misunderstood where 'monetary value' applies, and you have conflated unrelated third party activity with the original activity.

    Monetary value, as Consideration, does not apply because the purchase of Crowns is the purchase of game credits that can be converted to a range of entertainment services.

    Crown store items as a service have no monetary value, because the game publisher offers no way to convert them back to something of value that can be used elsewhere outside the game. They are an entertainment expenditure, not a Prize. This is absolutely relevant, because without the element of Prize, there is no gambling.

    Selling accounts cannot even be considered. The sale of accounts is prohibited by the publisher, is completely outside their control, and provides no benefit whatsoever to the publisher. In fact, sale of an account could be construed as theft by conversion, if a prosecutor wished to spend the resources to prosecute account selling.


    The fact that something looks like gambling does not legally make it gambling.

    I mentioned earlier that Florida was troubled by a sudden plague of internet cafes that essentially became unlicensed gambling houses. People walked in, paid for internet access, played video poker, and some walked out with cash.

    Sounds like gambling, doesn't it? You would be wrong. It was perfectly legal, because the operators carefully studied the law and set up the scheme to isolate Consideration from Prize. The largest operator was eventually prosecuted... for charity fraud, not gambling.

    The state Legislature rushed a bill through to update the gambling laws to include the methods developed by the internet cafes, and that scheme is now unlawful. Incidentally, Fantasy Sports Leagues are now unlawful, pay phones are now unlawful, and some of the services provided by Google Nest and Amazon Alexa are now, technically, criminal activity.

    Remember when I mentioned unintended consequences? Florida's bill to cure internet cafes was not badly written. It was, however, reactionary legislation in a long line of reactionary legislation to activities people do not like.

    A new bill to replace the old patchwork will make its way to the Governor's desk soon. It's not a quick write like the last. But it will be more precise.



    edit: the singular form of 'Crackerjacks' is apparently a naughty word

    It is gambling. It may not meet the legal specifications (which is basically what I said in that post) but it is gambling nonetheless.

    Gambling as a word is not restrained to gambling for cash. When ever you play a game of chance to win prizes it is by definition gambling.

    Also: just because something is illegal or not supported by the publisher - that does not mean it loses it's "monetary value". The black market is alive and well.

    The black market for stolen goods is likewise alive and well. The existence of a stolen goods market does not make the victim of robbery a party to it.

    You're viewing the definition of gambling from a non-legal perspective. I agree with your assessment. Throwing loot boxes into that statutory gambling bucket isn't the correct solution. A different approach is needed.

    Sounds like we basically agree then. I wasn't trying to suggest that ZoS would be a party to it - only that items did not lose their value solely because it was obtained illegally.

    We do.

    I think the best avenue in the United States is through the Federal Trade Commission to determine if the loot box mechanism is predatory under the Federal Unfair Trade and Deceptive Practices Act, which covers a number of activities that are defined as 'predatory' because the essentially take advantage of consumers' penchant for irrational behavior. Most, if not all, U.S. states have their own versions of UT&DP, some more restrictive than the Federal standard.

    I think that an argument that loot boxes should be regulated could be made there because of the similarities of behavior associated with gambling as defined by law and loot box purchases. If the FTC were to examine internal documents of publishers that lead to development, implementation, and marketing of loot boxes, and if those documents showed that the development of loot boxes were predicated upon the science of regulated gambling, then the FTC could promulgate regulatory action without having to go through Congress for legislation.

    This person gets it. This is much better than expanding legal definitions or creating yet even more law to burden a free society.
  • Jhalin
    Jhalin
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    Skwor wrote: »
    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.

    No your still being a sophist, more nuanced still means "think of the children" and avoids any attempt at real reason. ESO is rated M glad you agree with that. No children should be playing, if parents let them it is on the parents and not the responsibility of any government to step in and play oversight for poor parents. PERIOD.

    Since you agree ESO is rated M, who cares then on the ESO forum what other games may be doing? Go discuss those games on their forums.

    I see no point discussing other games practices and potential gambling issues on an ESO forum, I mean just "think of the children" who may be on these forums reading your posts and possibly tempted to try those other games. Shouldn't we not mention them to avoid tempting "the children?"

    I’ll take this time to remind everyone that the M rating is 17+, meaning that it is marketed to minors in the legal sense.

    It’s also unusual how vehemently you put down the idea of regulating products designed for, to put it bluntly, scamming consumers.
  • Reistr_the_Unbroken
    Reistr_the_Unbroken
    ✭✭✭✭✭
    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.
    Children shouldn’t be playing this game period.
  • VaranisArano
    VaranisArano
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    ✭✭✭✭✭
    Skwor wrote: »
    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.

    No your still being a sophist, more nuanced still means "think of the children" and avoids any attempt at real reason. ESO is rated M glad you agree with that. No children should be playing, if parents let them it is on the parents and not the responsibility of any government to step in and play oversight for poor parents. PERIOD.

    Since you agree ESO is rated M, who cares then on the ESO forum what other games may be doing? Go discuss those games on their forums.

    I see no point discussing other games practices and potential gambling issues on an ESO forum, I mean just "think of the children" who may be on these forums reading your posts and possibly tempted to try those other games. Shouldn't we not mention them to avoid tempting "the children?"

    In a thread talking about loot boxes in general, I'm not going to restrict myself to talking about ESO in particular, especially when the original start of the conversation with another poster, not you, was about the "for the children" debate as applied to loot boxes in general and not about ESO in particular.

    Nevertheless, I'm glad we've clarified that we both agree that "for the children" doesn't apply to M-rated ESO - something I've said from the beginning, though perhaps I wasn't as clear as I could have been.

    Since that's been clarified, and you arent interested in continuing the original conversation talking about "for the children" and loot boxes in general terms, i.e. including games that arent ESO, perhaps its best we let this drop.

    You have a great day!
  • Skwor
    Skwor
    ✭✭✭✭✭
    ✭✭✭
    Jhalin wrote: »
    Skwor wrote: »
    Skwor wrote: »
    I'm a little sick of the "think of the children" argument.

    I do not have kids. I do not care about your "special little Jimmy".

    I am taking the ultimate effort to never contribute to the gene-pool. Read: You know exactly what this means I refrain from.

    I am quite justified in saying that I shouldn't have to worry about the welfare of kids, as I don't have any. Not my problem.

    As for loot crates? I use self-control. It seems ZOS is now doing a sale each season on the 15-crate pack for ESO+ members.

    I buy one lot during that sale.

    Have you ever purchased a scratch card or played the Lotto? It's something I only do very sparingly, but sometimes the game of chance is fun. Dice games have been around for centuries.

    As I said above, the "self control" argument is for adults. Society generally restricts the ability of children to buy lottery tickets, as you mentioned.

    You have no skin in the game when it comes to children, which may explain why you think its a black and white situation of "Something is bad for children? Ban it for everyone!"

    As with gambling and alcohol, we see that more often it's a more measured "Something is bad for children? Regulate it or ban it for children." You know that. You can still buy your lottery tickets, while kids can't.

    So in the case of loot boxes, we have seen some efforts to ban or regulate the sale of loot boxes and/or micro transactions to minors.

    If those efforts ever succeeded, it would hardly prompt game companies to remove a profitable mechanism from everyone. Just like how adults can still buy alcohol and gamble reliant on their own self-control, gaming conpanies would almost certainly still offer loot boxes and microtransactions to adults if new regulations banned them from selling then to minors.

    No one is asking you to sign a petition to support one side or the other, but please, don't act like "think of the children" has to be a black and white movement coming to take your adult loot boxes away.

    One can be concerned with the impact of loot boxes on children AND still think that adults like you have the right to throw your money away on loot boxes if that's what you really want to do.

    Enough of the "for the children" crap. I have raised 3 very successful ones. It is absolutly the parents responsibilty to not let children play M rated games which is what ESO is.

    The last thing anyone should ever want is a nanny start acting as the default parents for anyone's child.

    "For the children" in this discussion is the worst kind of false emotional appeal and lands very solidly in the logical fallacy of arguments catagory.

    All it does is attempt to make those who do not agree appear to be heartless, there is no reasoning it is purely an emotional attack.

    Don't get yourself twisted up arguing over something I didnt say.

    I'm arguing that a more nuanced version of that "think of the children" argument is more realistic:

    "Games that market themselves to children and sell loot boxes and/or micro-transactions to children should face greater regulation because of the harmful impact that addictive monetization strategies can have on children."

    The above is something we're seeing brought up in legislation in the U.S. - though who knows if the bill will go anywhere, Congress being what it is.

    To address your specific comments about ESO, this game is M-rated and doesnt exactly market itself to children, so cool your jets. No one sensible is arguing that banning Crown Crates in particular is somehow going to benefit children


    But ESO ain't the only game on the market that uses loot boxes.

    So if you don't want to hear the "think about the children" argument, you best start pushing the gaming industry to self-regulate how they monetize games marketed to children and to enact better parental controls for those games.

    Or don't, if it doesnt bother you. Just be prepared for these pushes for better regulation to continue.

    Good luck.

    No your still being a sophist, more nuanced still means "think of the children" and avoids any attempt at real reason. ESO is rated M glad you agree with that. No children should be playing, if parents let them it is on the parents and not the responsibility of any government to step in and play oversight for poor parents. PERIOD.

    Since you agree ESO is rated M, who cares then on the ESO forum what other games may be doing? Go discuss those games on their forums.

    I see no point discussing other games practices and potential gambling issues on an ESO forum, I mean just "think of the children" who may be on these forums reading your posts and possibly tempted to try those other games. Shouldn't we not mention them to avoid tempting "the children?"

    I’ll take this time to remind everyone that the M rating is 17+, meaning that it is marketed to minors in the legal sense.

    It’s also unusual how vehemently you put down the idea of regulating products designed for, to put it bluntly, scamming consumers.

    What is frightening is how quickly you would use the power of a government to force your personal opinion on others, that is truly ruthless.

    By the way those same 17+ “minors” as you call them can join the military in the US at that age, your use of minors is a bit deceptive, but I am sure that was your intent given your apparent desires to force your will upon others via the state.

    My only fault in this is the desire to keep as much personal responsibility at the lowest level possible and not thrust my will nor the will of the state upon others.

    Why do so many want the government to solve their problems when some personal accountability in this area does perfectly fine and as such maintains our freedoms. All you are doing is giving away freedoms.
    Edited by Skwor on July 25, 2019 10:56PM
This discussion has been closed.