Loot boxes are still one of the most hotly debated topics in the video game segment. In Austria, a trainee sued Sony in 2020 because he gambled away a few hundred dollars in FIFA 23. Now the verdict has been made and the PlayStation manufacturer shouldn’t like it at all.
Not everyone likes loot boxes, and yet manufacturers with microtransactions generate billions in sales every year. For some time now, various authorities have gotten wind of these mechanics and are investigating whether it could be illegal gambling. For example, the USK now indicates on the test seal whether real money transactions are possible in titles.
A court case caused a stir in Austria last year. A 17-year-old trainee from the Carinthia area had spent around 400 dollars in FIFA points in FIFA 23 to secure better players. When he woke up from the shopping spree, he probably realized his mistake. Together with the Viennese lawyer Ulrich Salburg, a lawsuit was filed against Sony for violating the state gambling monopoly.
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Why Sony is now in the dock and not EA is not entirely clear to us. In any case, the PlayStation manufacturer should now be pretty pissed off. Because the district court of Hermagor classified loot boxes as “illegal gambling” on February 26 and cracked Sony Interactive Entertainment Network Europe Limited to repay 338.26 dollars.
This judgment, which may seem small, marks a real bang. If you look at the justification, the scope becomes clear. According to the court, the contents of the FUT packs depend on chance, which represents a “financial benefit within the meaning of the Austrian Gaming Act”. After all, it is possible to make a profit by trading on the secondary market. However, Sony does not have a gaming license and therefore the contracts between the seller and the plaintiff are void.
The trainee engaged the litigation financing company Padronus for the case. Its managing director Richard Eibl finds clear words for the outcome of the case: “The judgment is a bang for the entire video game industry. Neither in Austria nor in Germany has there been any case law on the question of the legality of loot boxes and the reclaimability of payments made. The final Of course, the result remains to be seen, as the proceedings will probably go up through the courts, but Sony and a number of other gaming groups should dress warmly from now on.”
Sony can still appeal. However, according to Padronus, there are already plenty of other plaintiffs on the mat. A four-digit number of FIFA players have contacted the company, and the amounts in dispute average around 800 dollars. Hard times could therefore begin for providers of loot boxes.
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