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LONG AFTER YOU may have paid for a copy and left the shop, video games can still cost you money, and the Dáil has heard that some practices of buying items in video games constitute a form of gambling that children are being exposed to.
In-game purchases and downloadable content that supplement the actual game can all come at a cost in popular games such as FIFA, Grand Theft Auto and Call of Duty.
In the case of the football series FIFA, players can attempt to spend money in order to purchase better players in the Ultimate Team mode. The chance of having a Ronaldo or a Messi for your team can be relatively slim by playing through it the normal way, but your chance of getting them can increase when you pay for it.
These are referred to as loot boxes – you can spend money or use points earned in the game to acquire them – where you’re taking a punt hoping you’re acquiring top quality features for the video game.
But for every Messi you get by paying money to purchase a loot box – or Ultimate Team pack as they’re called in FIFA – there are dozens of Adam Lallanas and Alvaro Moratas (i.e. players not rated as highly).
So-called game microtransactions – where you’re paying for more content for a game you’ve already bought – have hit the headlines for the wrong reasons before.
Games Giant EA was forced to back down in November 2017, after a backlash over its policy for a Star Wars game which would have seen players either pay extra money, or put in a massive time investment, to unlock characters such as Luke Skywalker and Darth Vader.
Harmful effects
In the Dáil last week, Fine Gael TD Martin Heydon asked Minister of State at the Department of Justice David Stanton where the department stood on these loot boxes.
“Are they considered a form of gambling or an e-commerce activity?” he asked.
Stanton replied: “In the context of video games, if a game sought to offer an activity or items for purchase that fall under the current Irish legal definition of gambling, the manufacturer of the game would require a relevant licence. To the best of our knowledge, no manufacturer has sought such licensing by gambling regulators in Ireland or other EU member states to date.”
For the Irish State to look upon such activity as gambling, it must fall under the legal definition of what gambling is.
The minister also said a recent statement by the Gaming Regulators European Forum expressed concerns that certain products within video games may constitute as gambling under national laws in various EU countries.
Heydon went on to compare loot boxes in another popular video game to a well-known Irish TV game show.
“In popular games such as Overwatch where if one purchases a loot box, the box starts shaking on the screen and there are flying discs and a final reveal, and it is all designed to heighten the appeal,” he said.
It is very much like watching an episode of Winning Streak.
Stanton said that parents have primary responsibility to protect their children from what happens online, but Heydon retorted that many children play video games outside of their parents’ control.
“Children aged ten, 11 and 12 play the games, often in their bedrooms without parental control and without parents being fully informed of the important elements of the game.”
‘Keep up’
Haydon also said: “Countries such as Belgium, the Netherlands, the Isle of Man, China, Japan and Australia have treated loot boxes and mystery boxes as a form of gambling.
Regulators are investigating the matter in 15 other areas, one of which is the US Federal Trade Commission, which is investigating pay-to-win and gameplay systems.
Heydon added that while it was primarily a health issue, the Department of Justice should also step up and take the lead to legislate on the issue.
The minister admitted that the matter was important because “children are possibly being groomed by using the games before progressing to gambling”.
With work long-awaited gambling legislation still in the works, he indicated provision for video games may be included in future laws.
“The Deputy is correct that the matter is changing by the week,” Stanton said.
Every time we examine it, there is a new game, approach or way of making money and enticing people to get involved, which is why I am anxious that the gambling control authority be established as soon as possible with the flexibility to keep up with the industry.
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EA are the worst company when it comes to loot boxes and microtransactions.. But unfortunately it’s going to be the way of the future in the gaming industry.. Games like fortnite and just recently apex legends provide a free to download game with the option to buy cosmetics, passes etc.. There’s no issue for me with microtransactions as long as they’re only cosmetic and not pay to win, I’m fine.. You don’t have to buy items.. But the problem lies with games like fifa, where they put a massive emphasis on packs and getting better players, some company’s do it right some don’t. I don’t see it as a massive problem the way people make it out to be.. Its just some company’s are really sinister they way they go about things
@Chonky Racoon: They need to make up the money they lose on the 2nd hand games market. If I buy a used game the publishers dont make anything out of it. They try to trick you into spending very small amounts while you own the game and then try to squeeze a few euro out of me as well seeing as I didnt buy it from them.
@James O’Donovan: fortnite and apex legends are both free to play like many of the most populsr games containing loot boxes so your theory about second hand games is completely incorrect
@Ian McNally: There was a second hand market for years before those type of games were ever released.
@James O’Donovan: it may have been on of the reasons lootboxes were first introduced years ago but its not the reason they are in so many games today
@James O’Donovan: with digital downloads the 2nd hand market is all but dead…
@James O’Donovan: its got nothing to do with second hand market man and everything to do with greed, if a company releases a game and makes a few million off that, then with DLC for that game is extra income, but the microtransactions is about maximum income over a longer period of time, its greed plain and simple and gamers like myself get robbed, if you buy a game and sell it on for less you make nothing, secondhand games arent killing the industry, microtransactions are the worst thing for gamers
@James O’Donovan: What are you talking about? The gaming industry has been making more money than Hollywood since the mid-2000s.
That’s like saying Car manufacturers need to add a microtransaction option because of the business they lose to the 2nd hand games market. Except that when it comes to games, the 2nd hand games market is almost dead though to the rise of digital, non-transferable, games.
In this day and age no child should have to suffer games like Winning Streak
Remember the days when buying a game meant getting all of it? Remember when expansions added content.. I remember ;(
Still a few honest studios out there not under the boot of quarterly forcast projections thankfully.
@ED: I know right? I generally stick to smaller indie titles these days since I’m time poor and I know I will get my money’s worth.
Finally. Loot boxes is gambling. I will be happy to see the back of microtransactions. Companies like EA carve up content and try to nickel and dime their customers. I miss the days when video games were offline. At least you got what you paid for.
@Pete Gilmartin: There was one exception to the rule this year with an AAA game being an unbelievable offline experience, Red Dead Redemption 2. This game blew my mind and was worth every penny. The online experience is horrendous though and Rockstar have a really shitty way with microtransactions.
Thats disgraceful. They should be watching gov ads instead.
@Adrian: if the gov could tax that money, they wouldn’t be complaining. Its like going to the shop 20/30 years ago to buy the panini stickers. The gov wasn’t complaining then.
This feels a year too late. After 2017′s EA Battlefront had used loot boxes as the main way to get ahead in tye game, a few European countries went to town on EA for this sham of a practice. Yet only now are the Irish government finding out about this. As if paying full price isnt enough for these greedy publishers
Those were the days, waiting for the Commodore 64 to load.. copying games on cassette tapes and sharing them on yard break, then racing home to play them. And looking down on the kids with Spectrums because of the woeful graphics and crap sound
Sure its no wonder there’s F##k all on RTE worth watching for kids.
@BAAB: Always Bosco’s funeral…
Star Wars Battlefront 2 was a slot machine aimed at kids, it was a disgrace, if you didn’t spend you didn’t win, Fifa is the same with Ultimate team, the chance of getting a Messi is less than 0.1% it bring in 850 million every year, both from the same company EA the scourge of gaming and these are full priced 60 euro games before you do anything..
FFS! This is a disgrace. As if having to watch one episode a week of Winning Streak isn’t bad enough!
Yeah it’s the loot boxes that’s giving a bad example, shoot as many people as you want though.
@StevieB: you mean to say that I “imagined” saving Alderaan?? How very dare you!
I am a gamer and a parent, I currently do one full-time and the other when I get a chance to. I play on PC which means I have more of a choice in what I play.
loot boxes as a thing have been around for a long time in a different form you defeat an enemy you get random stuff they drop . Monitizing something is OK too . If you have cosmetic only pay boxes that’s down to the user if they think a hat or a leopard print skin for there machine gun is worth the money that’s thier decision same as the decision to buy a white t-shirt in Penny’s or a white t-shirt in topman it won’t make you jump higher or run faster it will make you broke quicker though.
If you look at the worst offenders for a chance to “win” better stuff by paying for what is essentially a scratchcard, ea games ,Activision and Ubisoft. The biggest three game publishers . EA backed down not because of a public outcry but because Disney who own the starwars brand told EA to quit it or lose thier license to make starwars games . They didn’t make the same change to any of the sports titles as FIFA, NFL, NHL or WWE are not making the same treats . I’m not a sports fan but I saw even as a child how annual sports games where easy money for games publishers that’s before loot boxes . Back to” gambling for kids !” Trading cards , lol surprises , the machines you put €1 in an get a random coloured ball of slime and kinda surprises all games of chance or gambling . The governments issue isn’t the children and the parents it’s how can they tax it ? The average gamer is 17-35 years old these figures come from games purchased and played outside that scope it’s down to the parents 12 year olds should not be playing call of duty or grand theft auto . My six year old has a tablet (not an iPad! Which is a whole other bunch of dumb parents) I have a parental control app on it to let her play age appropriate games and watch the kid friendly part of YouTube which I monitor .
Just to play devil’s advocate here.
If loot boxes constitute gambling, then was I gambling when I bought 2002 FIFA world cup stickers hoping to get the Roy Keane shiny?
@Seán Troy: no because you were getting a physical object with monetary value. Even though there is an element of gambling in it it’s not the same as lootboxes. Also the main issue with lootboxes is it uses many of the same techniques as casinos to tempt you into buying more, such as colour patterns and sound. It is a grey area I’ll admit but there is a difference
You would have more chance winning the lotto than getting what your looking for in loot boxes.
The pressure put on kids (and adults) to use these after paying 70 euro + for a game is plain extortion.
There’s videos of guys on YouTube opening fifa packs worth 13k yes 13k,, think they got the likes of Messi and Ronaldo only once
My God the Irish Government have woken up ! after 63 years . Our Gambling Legislation dates back to 1956 . So now we hear that the government is concerned about “Loot Boxes” offered across a range of games via play station etc . The first rule of gaming / gambling legislation is to “Protect the young and the Vulnerable ” Ireland for over 50 years has promoted the mix of hard gaming and amusements under the same roof and broken that very rule !!. They have allowed these properties to prosper pacifically in seaside resorts spoiling many family holidays where Children’s games are placed side by side Slot Machines ! This is a country where successive Governments have allowed Candy Floss to meet Hard Gaming head on and buried their heads in the sand !!! and now we hear their concern about Loot Boxes ? How two faced is that ?
Belgium are banning it and all of the EU should follow.
@Ed: Norway is already looking into it, following research done by a forum consisting of representatives from a couple of child protection entities, the consumer regulator, the lottery regulator, a few smaller game developers, and some child psychiatrists.
The report is unanimous in that loot boxes are indeed a form of gambling, but just like here in Ireland, the legislation needs to clearly define it as such.
I don’t play those games, but pay to win doesn’t look much like gambling. You pay for an overpowered item and you get it for certain.
What does look like gambling though is the gatcha system incorporated in mostly Japanese games (gatcha is that kind of machines where you put a coin in, but you don’t know what is going out of it until you open the box).
Most of these games are free, but you can buy a reroll for another chance of getting the item you want. Chances are you won’t have it again, so you buy another reroll. That’s gambling
in laymans terms, imagine buying a game for about 65 euro. most games are ussually for online play. the more you play, the more in game items and powerups you get. but publishers like EA games are intentionally making it super hard to “grind” up for all these unlockables. so they have the option to pay for it, hence the term “pay-to-win” and it makes gameplay unfair for players who have not payed for cosmetic items and power ups. so the rich players get good, and the poor players just get frustrated and give into paying
Nobody is forcing ANYBODY to buy microtransations, and on the case of 97% of games, microtransations don’t give anybody any kind of advantage. In regards to them “exposing chicken to gambling” that is absolute nonsense. You can’t reference ONE game where this exists and then try to say that this is typical , because it’s not.
If parents want to avoid all and any of this, then simply DO NOT have your payment details saved on the console where kids can get access to it and buy stuff,
The fact that this has been brought up in the dail is hilarious to me. There’s nothing werid going on here, they give people the OPTION to buy these things, nobodies being forced into anything and nobody is losing out by NOT using them, and the title of This article is absolute sentsionalism.
These have been banned in Holland and Belgium, we should do the same because it’s nothing more than gambling and most are directly aimed at kids.
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