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Valve's loot boxes face illegal gambling lawsuit

Ars Technica •
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New York is suing Valve, claiming the company's loot box operations constitute illegal gambling worth tens of billions of dollars. The case centers on whether randomized cosmetic items from loot boxes legally qualify as "something of value" under gambling statutes.

Legal experts suggest the state faces challenges because loot box buyers always receive some item, unlike traditional gambling where players might get nothing. Valve's system resembles blind box toys or collectible card packs more than casino games, potentially weakening New York's argument that this constitutes illegal gambling.

Valve's potential vulnerability lies in its Steam Marketplace, allowing players to resell items for Steam Wallet funds. While this creates value for digital items, the funds can only be spent on Steam, complicating the case. The lawsuit argues players could cash out through indirect methods like reselling Steam Deck hardware.

The legal distinction remains whether loot boxes represent randomized product purchases or gambling bets. Calling it gambling because users might eventually convert items to cash risks stretching gambling laws beyond traditional limits.