Austria joins the list of countries that treat loot boxes as gambling. A court in the city of Hermagor has ordered Sony to refund money a player used to purchase packs in the FIFA Ultimate Team mode.
The subject of loot boxes comes back like a boomerang, constantly wondering whether to treat them as gambling. This time the case was examined by an Austrian court (for Reddit), after a teenager decided to fight to recover the funds spent on the FIFA Ultimate Team mode packs, the fifa series. However, he did not sue the company responsible for his creation, Electronic Arts, but Sony Interactive Entertainment, since the purchase was made in the PlayStation store.
In a pompous tone, the court of the town of Hermagor in Carinthia agreed with the plaintiff. Indeed, he considered the loot boxes to be part of a game of chance, and since the Japanese giant does not have a license for them, the contracts between the company and the player are not valid. In other words, Sony Interactive Entertainment should return the teenager’s money.
Lootboxes in FIFA, the first case of its kind in Austria and Germany
The verdict is not yet final, and although it does not amount to a large sum (less than 339 euros), could trigger another wave of lawsuits. That’s according to Richard Eibl, CEO of litigation finance firm Padronus, who says he’s been contacted by “a four-digit number of FIFA game users”. He also pointed out that this was the first such case in Austria and Germany.
- Michael Linhard of the Salburg law firm (which cooperates with Padronus) is convinced that “the judgment marks the way forward in the treatment of loot boxes and shows that video games are not a legal loophole”.
- There is no doubt that Sony Interactive Entertainment will take the opportunity to appealespecially since the Japanese company has already unsuccessfully requested the transfer of the case to a court in Vienna or London.
Loot boxes in other countries
It’s hard to believe that a small-town court’s non-final ruling will have much impact in a dispute that’s been dragging on for years.. Previously, Holland, among others, had grappled with the issue of loot boxes and ultimately decided that as part of a larger game, they couldn’t be considered games of chance. They are also still present in Belgium, which has certainly implemented regulations in this area, but… nothing indicates that they are really respected.