The New York Attorney General, Leticia James, has filed a lawsuit against Valve, alleging that mystery boxes violate the state’s gambling laws. In response to the claim, Valve released a statement that discusses the litigation and better explains the situation to users. The company even cites Pokémon and Magic the Gathering as examples of what mystery boxes can be.
Mystery boxes are essentially digital or physical purchases whose contents are unknown. This can be similar to opening up a pack of trading cards in hopes of getting a specific one, only to discover it was not in that pack. The same can be said for Overwatch loot boxes, which can grant players various cosmetic items for characters.
The lawsuit was initially filed in late February with a 52-page document that details the reason for the action. In line twelve, under the Nature of Action section, it says,
“Loot boxes, like other forms of gambling, can lead to addiction and result in real harm. But Valve’s loot boxes are particularly pernicious because they are popular among children and adolescents, who are lured into opening loot boxes by the prospect of winning expensive virtual items that convey status in the gaming world. Research has shown that children who are introduced to gambling are at a significantly higher risk of developing gambling addictions later in life.”
Valve disagrees not only with this part of the lawsuit but with a majority of it. The company explained that mystery boxes aren’t exclusive to the digital world, but can be found in the tangible world as well, saying,
“We shared with the NYAG that these types of boxes in our games are widely used, not just in video games but in the tangible world as well, where generations have grown up opening baseball card packs and blind boxes and bags, and then trading and selling the items they receive. On the physical side, popular products used in this way include baseball cards, Pokemon, Magic the Gathering, and Labubu. In the game space, digital packs similar to our boxes date back to 2004 and are in widespread use. Players don’t have to open mystery boxes to play Valve games. In fact, most of you don’t open any boxes at all and just play the games—because the items in the boxes are purely cosmetic, there is no disadvantage to a player not spending money.”
The company also conveys its concerns with the alterations that the Attorney General claims are necessary to make Valve comply. One major concern is that the contents of these boxes should not be transferable, meaning players wouldn’t be able to trade them through Steam trading or sell them in the Community Market.
Towards the end of the statement, Valve points out the Attorney General’s comments on the relationship between real-world violence and games, noting that it’s been proven time and again that there is no link between the two. The company agreed to comply with any decisions to be made, but made it clear that it is on the players’ side.
