Anti-Loot Box Bill Could Radically Change How Video Games Are Sold

Democratic and Republican senators can hardly agree on what to order for lunch, but as of Thursday they seem to agree that the video game industry requires additional government oversight. From a report: Proposed legislation could ban loot boxes and other kinds of microtransactions, and its co-sponsors include members from both major parties. The devil is in the details, of course, and the bill itself could have far reaching implications for the game industry. The full text of the proposed bill is available online. Its intention is to 'regulate certain pay-to-win microtransactions and sales of loot boxes.' In order to do so, it first has to define what those things are.

The bill says, 'an add-on transaction to a interactive digital entertainment product that eases a user's progression through content otherwise available within the game without the purchase of such transaction; assists a user in accomplishing an achievement within the game that can otherwise be accomplished without the purchase of such transaction; assists a user in receiving an award associated with the game that is otherwise available in association with the game without the purchase of such transaction; or permits a user to continue to access content of the game that had previously been accessible to the user but has been made inaccessible after the expiration of a timer or a number of gameplay attempts; or with respect to an interactive digital entertainment product that, from the perspective of a reasonable user of the product, is a game featuring competition with other users, provides a user with a competitive advantage with respect to the game's competitive aspects over users who do not make such a transaction.'

The only exclusions listed in the bill are additional difficulty modes, cosmetic items, and downloadable expansions. So, if a company wanted to charge for a new game plus mode, they could do that. Also, the sale of skins in Fortnite and new content expansions for The Elder Scrolls Online would be perfectly acceptable. But, these guidelines as written leave a lot open to interpretation. Would it call into question selling experience point boosters in games like Anthem, Destiny 2, and World of Tanks? What about the practice of selling access to characters in Mortal Kombat 11 and Apex Legends, and even new Champions in League of Legends? Do we get to the point where, somewhere in the future, senators are arguing whether or not a particular weapon or perk is overpowered and should not be for sale?

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