Germany Might Ban Lockboxes as Early as March

Want to give Feedback on our blog-work or contribute yourself? Get started here!
Post Reply

PutzBoy78
Posts: 1326
Joined: Wed Apr 01, 2015 16:41
Gender: male
Favorite Class: Devoted Cleric
Preferred Gametype: PVE

Re: Germany Might Ban Lockboxes as Early as March

Post by PutzBoy78 » Fri Feb 09, 2018 17:55

As posted in the other thread.

Still seems an attack to a foreign enterprise would be unprecedented based on the info at https://www.gamblingsites.org/laws/germany/.

"Companies based outside of Germany aren't beholden to German law and can therefore accept wagers from anyone inside the country"

"not a single German has ever gotten in trouble placing a bet over the internet. The legal battles in that country mostly revolve around the right of operators to offer their services to the public"

Basically unless they break with their current enforcement format, they would make it illegal for German based companies to offer loot boxes. Which would leave international operators free from penalty/action.

If legal action was put up against a gaming provider. The first point they would argue would be the "I think it is conceivable that Lootbox could violate the ban on buying appeals to children and adolescents." In the case of Neverwinter it would be as simple as pointing to the Terms of Service 4.2/4.3 which requires that players under 18 must play under consent from an adult and removes liability from the company for false representation of age/consent. Further to the age conversation is a fact that minor children do not have credit cards. Any action that a child takes with a credit card has implied consent from an adult.

Another point that I would argue is the definition of gambling. Gambling implies risk. If the service provider guarantees a minimum result that exceeds the cost of the transaction, then their is no risk and therefore its not a gamble. It becomes on par with ordering the One Random Shirt of Surprising Awesomeness from ]http://www.thinkgeek.com/product/5eab/ ... gIbFPD_BwE. You may or may not get the one you want, but you know the shirt will exceed the cost of buying it straight up.

If PWE really got scared (i'd argue that waiting to see a bigger franchise get attacked is the smart play) they could remove keys from German based players. Remove the keys from the zen store and from VIP, problem solved since they couldn't open lockboxes (would still see announcements and pick up tons of lockboxes though, which would be a poke in the eye). This would likely result in many players using a VPN to spoof locations.

Last point would be that any law wouldn't be immediately enforceable. There would likely be a delayed implementation which would allow time for appeals. Reason being is products would need time to be modified, that time would allow for rebuttals that could drag out for a very long time... assuming gaming companies felt the cause was worth the cost of appeal.

Post Reply