Only a handful of Asian nations have classed loot boxes as gambling, though the USA has considered legislating skin gambling: an industry fueled by loot box buys. The player usually does not know what their box will contain. A camouflage skin on a sniper rifle will help the player stay hidden when taking their shot, for example.
For them, the concept of gambling implies the literal game of chance in which people might or might not get something in return for their money. While the items being wagered and bartered have no real monetary value, gamers put a price of thousands of dollars on the most desirable items.
Furthermore, the loot system can not fall under the gambling definition since digital items do not have intrinsic value.
The outcome of opening a loot box is certainly uncertain, but ESRB doesn't consider it to be "real gambling". But it seems that ESRB only counts it as gambling if the players have a chance of not getting anything from the loot box.
However, some gamers and industry insiders have called out the United States for lagging behind when it comes to regulation.
KitGuru Says: So many issues surround the idea of loot boxes, which makes me wonder why anyone would support them in the first place. Their existence also lingers over the upcoming release of Star Wars Battlefront II, where players expect that loot crates will impact the experience in a negative way.
Contrary to popular opinion, lootboxes apparently aren't exactly gambling, and the Entertainment Software Rating Board (ESRB) won't designate them as such. However, some operators such as Blizzard and Riot have moved to offer loot boxes purchased with in-game virtual currency, not real money, to avoid falling foul of trading and betting laws. This is because, in gambling, participants run the risk of walking away with nothing. So there won't be any amendments to the ratings in Europe regarding loot boxes appearing in retail-rated games. Loot boxes, to them, are more akin to trading cards and collectible packs that always deliver some assortment of items, whether or not these items are the ones expected by the player.
Dirk Bosmans, from European video game rating organisation PEGI echoes these statements to Eurogamer, saying "Loot crates are now not considered gambling: you always get something when you purchase them, even if it's not what you hoped for".
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