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How is charging real $ for random packs even legal?


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#51
CoddyXD

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Micro transactions fund free content packs and such.

Ppl need to buy more of them imo. Might encourage them to put some proper effort into ME with lobbies and more modes etc.

#52
N7-RedFox

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CmnDwnWrkn wrote...

This seems awfully close to a lottery, i.e. gambling.  A rather opaque lottery at that, since the odds of winning the various items aren't even posted anywhere.

I'm just wondering how EA can get away with this crap.  Last time I checked, online gambling was illegal (at least in the U.S.).


Don't use real money to buy packs u fool. That is practically allowing them to rob you Posted Image

Play hard, earn ur packs. I know grinding is much slower but just think - if you buy ur packs ur gonna get bored of the game much sooner

#53
Dukkhar

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Gambling laws are different in different countries, and as far as I remember from MTG:online not all the states in US even have the same laws, so you will not get a straight answer from anyone. But as so many has already said which you keep ignore is that you actually always get something, a pack a stuff that improves your online multiplayer characters. And there is no chance for you to win real life money.

#54
Kel Riever

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How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.

Modifié par Kel Riever, 17 mai 2012 - 04:00 .


#55
LeandroBraz

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It's not different from a booster in card games, like magic, or a pack with random collectible figures, the only difference is that it's digital.


in gambling you may win something. In a random pack you will win X cards for sure, you just don't know what it is. Is different.

Modifié par LeandroBraz, 17 mai 2012 - 04:01 .


#56
CmnDwnWrkn

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Kel Riever wrote...

How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.


Why don't you tell me?  Nobody else seems to be able to.

#57
CmnDwnWrkn

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Here is what a serious consideration of the topic looks like. It really is not as cut-and-dry as some people seem to think. Thank you to the people who actually took the time to give a thoughtful response.

http://www.develop-o...g-with-gameplay


Nick Gibson looks at whether microtransactions in games constitutes as gambling

You’ve taken down the level 12 Gundark and that familiar fluorescent green light emits from its corpse indicating the presence of special loot.

What will it be? Another lightly enhanced trinket to be sold for a pittance ASAP or something genuinely special that will accelerate your progress in the game?

In gameplay terms, chance has always been a critical part of many games’ appeal, whether determining loot drops, influencing the spread of your M416 shots or deciding deck placement in solitaire.

However, chance has also become a tempting and particularly lucrative opportunity for microtransaction games; a trend that can move a game uncomfortably close to gambling, attracting the attentions of authorities in Asia and raising the potential of problems in the west too.
THE UNHOLY TRINITY

Gambling is broadly defined as the presence of the ’unholy trinity’ of consideration (i.e. payment to participate), chance (as opposed to skill in determining an outcome) and reward (payments to the winner).

Different countries have different and various definitions of this but in broad terms they are largely similar.

The presence of just one or even two of these usually allows a company to avoid gambling legislation. Thus, Zynga Poker is acceptable in the US and EU as it comprises consideration and chance but not cashing out.

It is also why skill games, in which players wager on their ability, remain broadly legal, as the games’ outcome is demonstrably determined by skill and not chance.

Things become more complex with games that feature tradable virtual goods.

Many MMOGs have authorised secondary markets for their virtual goods – exchanges where players can trade their unwanted virtual items with other players.

Some prevent cashing out, keeping the exchange currencies virtual. Others allow users to sell their items for real money and thus provide them with tangible rewards.

Given that these items may come from random loot drops in games with payment barriers – pay-to-play, microtransaction or subscription – this would appear to make them forms of gambling.

In many parts of Asia, including MMO powerhouses China and South Korea, real-money secondary markets for virtual goods are either heavily restricted or outright illegal as they are deemed to constitute or promote gambling.

This will prove problematic for titles such as the forthcoming Diablo III, which tightly integrates a secondary trading platform into the game, a trend that we believe other titles may well follow.

A more overt form of gambling in games is where players pay – via a premium virtual currency – to directly access random item features such as treasure chests or virtual item slot machines.

This has become one of the most lucrative tricks in the microtransaction commercialisation handbook, and is a common feature of many Asian MMOs in the west (such as MapleStory’s best-selling $30 Gachapon lucky dip machine ticket pack) and numerous social network games (such as FarmVille’s Mystery Boxes).

Even without a cashing out element, it is still a highly compelling mechanism for players seeking rare or high value items for a limited outlay and undoubtedly taps into players’ gambling proclivities.

For this reason, both the Chinese and South Korean authorities, who take a stern view about gambling and games addiction, have indicated their intention to take action against online games companies that employ such systems.

ON THE CARDS

To date there has been limited scrutiny of such practices in the west by governments and the courts. This is true even of the category of gaming that is possibly closest to gambling: trading card games.

Trading card games comprise consideration (paying for a real or virtual pack) and chance (the cards in each pack are allocated randomly). Left at that, the game is unequivocally legal.

However, many games services allow and actively encourage their cards to be traded. While some of this trading is done with virtual currencies only in closed secondary markets, not all of it is, and some allow cashing out, in a process that clearly constitutes reward and thus theoretically completes the unholy trinity.

However, a tiny number of legal attempts to establish trading card games as a form of gambling have failed in the US.

Primarily, it seems, that’s because of the indirect way in which the three conditions are linked, unlike in a poker game, for instance, where all three are part of, and key to, the same process.

So if trading card games are not considered gambling, then surely games with chance-based microtransaction features are safe in the west?

Possibly. The collectible card game market is relatively tiny and would fall below the radar of most investigators’ interest.

The MMO, social network games and broader microtransaction games market is substantially bigger, growing much faster and reaching a significantly broader audience that increasingly includes children.

We believe that at some point these industry practices will be tested more rigorously and we would not want to bet on the outcome.

Modifié par CmnDwnWrkn, 17 mai 2012 - 04:05 .


#58
BLY78NOR

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CmnDwnWrkn wrote...

Kel Riever wrote...

How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.


Why don't you tell me?  Nobody else seems to be able to.


Lots of people have you just chose to ignore it

You are buying a pack of random cards and you are getting a pack of random cards

#59
Kel Riever

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By the way, not blowing off yoru question.

I'm no lawyer, but basically, there are a million 'random' products on the market and its buyer beware when it comes to these. That's from bubble gum machine prizes, to those arcade games where you try to hook a stuffed animal with a claw and you only get like a minute to try (or worse, one grab), to carnival games, to any kind of trading cards.

The difference, if you want to make one, is that with any physical object, I can resell it to someone. Ebay it, trade it, whatever. This is absolutely not the case with Multiplayer Manifest items. BUT I doubt it will ever be considered an issue, because you don't have to buy anything. You can just play the game and get points. So, since it is an option, I really don't think anyone will ever consider it a serious legal issue.

That's my take on it, at least.

#60
CmnDwnWrkn

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BLY78NOR wrote...

CmnDwnWrkn wrote...

Kel Riever wrote...

How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.


Why don't you tell me?  Nobody else seems to be able to.


Lots of people have you just chose to ignore it

You are buying a pack of random cards and you are getting a pack of random cards


I haven't ignored a thing.  Saying "Well such and such similar product is legal, therefore this must be as well" is neither correct nor helpful at answering the question.

Kel Riever wrote...

By the way, not blowing off yoru question.

I'm
no lawyer, but basically, there are a million 'random' products on the
market and its buyer beware when it comes to these. That's from bubble
gum machine prizes, to those arcade games where you try to hook a
stuffed animal with a claw and you only get like a minute to try (or
worse, one grab), to carnival games, to any kind of trading cards.

The
difference, if you want to make one, is that with any physical object, I
can resell it to someone. Ebay it, trade it, whatever. This is
absolutely not the case with Multiplayer Manifest items. BUT I doubt it
will ever be considered an issue, because you don't have to buy
anything. You can just play the game and get points. So, since it is
an option, I really don't think anyone will ever consider it a serious
legal issue.

That's my take on it, at least.


Thanks.  These points seem to make the most sense.  I have a better understanding of the topic now.

Again, thank you to everyone who answered without being immediately dismissive.

Modifié par CmnDwnWrkn, 17 mai 2012 - 04:11 .


#61
Drawrof

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When you buy a spectre pack for 120 msp you are purchasing a random gold or better. It is known that many character cards are gold. The gold character cards contain 250k experience. When you purchase a rng with money you are getting exactly what you purchased a gold item with a chance for ultra rare. There is no gamble. You attempt at giving a legal opinion is weak.

#62
Sjrv

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How is Kinder Surprise legal? You pay money, but you don't know what toy you're gonna get. Please sue them and shut them down.

Jesus Christ, OP - how did that stupid question get into your head?

#63
CmnDwnWrkn

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Sjrv wrote...

How is Kinder Surprise legal? You pay money, but you don't know what toy you're gonna get. Please sue them and shut them down.

Jesus Christ, OP - how did that stupid question get into your head?


You can do a Google search, if you know how, and see I'm not the only one asking this question.  But thank you for your mindless trolling.  Now go back to staring at the wall, thanks.

#64
eddieoctane

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Charging for random items is fine. Ask Wizards of the Coast. Magic is sustained by random item packs. The difference is that you receive a physical item that can't be taken away from you. If BioWare starts banning people from MP, then the issue of legality crops up. You paid for the pack, you own its contents. If it gets taken away by the actions of EA, Microsoft, or their subsidiaries, you have a case. Otherwise, it's like a CCG.

#65
dreamgazer

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Are you arguing whether it's a gamble? Because it is, absolutely, and it exhibits a gambler's mentality. But you don't have to participate in order to enjoy the game. The entire notion of gambling hinges on fronting money to build your net worth, while the concept built around Magic cards and the weapon packs is built around a game you can ultimately play on a day-to-day basis without spending further tangible money. You might not progress, in a literal form, but you can still enjoy the game by making the most of the asset you've got.

Also, putting a quarter into a gumball machine and waiting to see what flavor you get is also considered a gamble. Yet you get to enjoy whatever gumball you get (in most cases). Tried and true gambling hinges entirely on the monetary gain and loss, and that's where the legality issue comes in.

#66
Bolo Xia

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well at least with the game you get something.

try doing a crane game most of the time you dont get anything.
seriously 5 year olds will try a crane game, but a 6 year old already know it robs you every time.

#67
Kel Riever

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Again, if they had stuff you could only unlock through purchase, and it was random, then MAYBE. But that's not the case....so...they're just smart because they've found a way to tempt people who have the money to waste into buying stuff.

Funny thing is, if you purchase packs with $$$, the best time to do it is right away, before you have maxed out anything. But I am willing to bet there are plenty of people who pay for their packs long after they have the basic and uncommon items mostly filled out, just to try to get that one more rare or N7....

And then they get mad and post here ;)

Modifié par Kel Riever, 17 mai 2012 - 04:16 .


#68
Sparda Stonerule

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The fact that you see there is an option to pay with credits and it's the the one on top clearly indicates that you can buy the packs with in game currency. Since that is an option no one is forced to buy any points. Sure some people do because they feel like it but compelling people to spend money is part of commerce. Sure it's random but the more you spend on the better packs the better chance to get something good or rare. There may not be set rates but everyone knows Premium Spectre Packs always have 2 golds with the chance of 1 or even 2 Ultra Rares. It tells you what you will get and that you have a chance to get something else with it.

In terms of random money spending it's pretty fair since in reality the options for what you can get aren't huge. But no it's not illegal and I doubt any court would find it as such since they never state anywhere that you will get something you want from the pack.

#69
BLY78NOR

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CmnDwnWrkn wrote...

BLY78NOR wrote...

CmnDwnWrkn wrote...

Kel Riever wrote...

How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.


Why don't you tell me?  Nobody else seems to be able to.


Lots of people have you just chose to ignore it

You are buying a pack of random cards and you are getting a pack of random cards


I haven't ignored a thing.  Saying "Well such and such similar product is legal, therefore this must be as well" is neither correct nor helpful at answering the question.




As far as trade laws go it's exactly the same, 

They are selling you a pack of random cards, you are buying a pack of random cards and you are getting a pack of random cards. what exactly about this process is so hard for you to understand?

You are always getting what the seller says you will get, a pack of random cards 

#70
Sjrv

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It's not a game of chance where you could win or lose money. You always get something. Hence it's not gambling. Period. Same applies to lotteries where you win random items, but not money - and where some sort of prize is guranteed. Not-gambling. It's that simple, really.

Why should I googlefind other people who just look for anything to make a fuss about?

Argument about CCG is perfectly valid, relate to that before calling me a troll, OP. I used the Kinder Surprise example only to make your point look even more ridiculous There is not much difference between digital "goods" or physically existing cards.

Modifié par Sjrv, 17 mai 2012 - 04:20 .


#71
CmnDwnWrkn

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http://www.sacbee.co...games-with.html

'Kompu gacha' online games with prizes may be illegal in Japan

TOKYO -- The Consumer Affairs Agency in Japan has concluded that a system used by some online game operators on social networking service (SNS) websites constitutes a violation of a law that bans certain types of sales methods, according to sources close to the agency.

In such online games, known as "kompu gacha" (complete gacha), players can win a grand prize, a rare virtual item, after purchasing a certain number of required items.

The agency began investigating the game services after receiving complaints about extremely high charges imposed on players of such games on SNS websites such as Gree and Mobage.

The agency will soon release its views on the issue, the sources said.

The agency also plans to ask companies that offer such games to stop using the questionable sales method. If companies fail to comply with the request, the agency will issue a correction order with punitive measures in line with the law against unjustifiable premiums and misleading representation.

The market for online mobile-phone games is worth about 250 billion yen (1 billion yen is equal to $12.52 million), with kompu gacha games having become the main revenue source for SNS operators of such services.

However, the kompu gacha games have often been criticized for taking advantage of users' gambling spirit. Some parents complained their children had become addicted and were billed for exorbitant charges.

The original gacha games were inspired by automatic vending machines that sell capsules containing toys. However, instead of buying real items, online gacha players purchase virtual items for hundreds of yen, which they then use for various purposes.

The players do not know in advance which item they will get, giving the game the feel of a lottery.

In kompu gacha, an advanced form of gacha, players can obtain rare items once they collect a certain combination of items available in gacha games.

This system was introduced in online games by SNS website operators around last year.

Popular kompu gacha games include Mobage's "The Idolm(at symbol)ster Cinderella Girls," and Gree's "Tanken Dori Rando."

According to the agency and other sources, there were only five complaints or inquiries concerning the high charges for gacha games in fiscal 2010. However, the number surged to 58 in fiscal 2011.

In one case, a middle school boy was charged more than 400,000 yen in just one month, while a primary school boy racked up 120,000 yen in charges over three days playing the games.

The law on unjustifiable premiums prohibits a sales method called "cards combination" for systems that offer prizes by lottery. Under this method, a business sells cards whose content is unknown at the time of purchase. After the consumer collects designated cards, they can trade them in for a prize.

The agency concluded that kompu gacha games employ this business method.

The agency plans to ask Social Game Platform Renraku Kyogikai, a liaison council of six social game makers, including Gree and DeNA Co., which operates the Mobage site, to stop offering kompu gacha games.

"We'll give an appropriate response after receiving an official request," a Gree spokesperson said. A DeNA spokesperson declined to comment.

Social games are provided to members of SNS websites, on which people interact with their friends and others via the Internet. In many of these types of games, players can choose to cooperate with or compete against each other.

Though the games are free, in principle, aside from Internet access fees, users have the option to purchase such items as virtual weapons and clothing if they want to have an advantage in the game.

Read more here: http://www.sacbee.co...l#storylink=cpy

#72
staindgrey

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CmnDwnWrkn wrote...

staindgrey wrote...

Then here's a better answer:

When there is an alternative to get the same items free of charge, it kind of null-and-voids the problem with charging. Paying for a pack that you could just earn for free with a little effort is the consumer's own choice, and they fully know before purchasing it that it is an entirely random selection. The game makes no attempt to shy away from that.

Saying this isn't legal is a really, really big stretch.


Show me where I said "this isn't legal".


CmnDwnWrkn wrote...

I'm just wondering how EA can get away with this crap. Last time I checked, online gambling was illegal (at least in the U.S.).


B)

#73
CmnDwnWrkn

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BLY78NOR wrote...

CmnDwnWrkn wrote...

BLY78NOR wrote...

CmnDwnWrkn wrote...

Kel Riever wrote...

How is buying random baseball card packs legal?

Sorry, yes, editted because of the countless replies pointing this out before me.


Why don't you tell me?  Nobody else seems to be able to.


Lots of people have you just chose to ignore it

You are buying a pack of random cards and you are getting a pack of random cards


I haven't ignored a thing.  Saying "Well such and such similar product is legal, therefore this must be as well" is neither correct nor helpful at answering the question.




As far as trade laws go it's exactly the same, 

They are selling you a pack of random cards, you are buying a pack of random cards and you are getting a pack of random cards. what exactly about this process is so hard for you to understand?

You are always getting what the seller says you will get, a pack of random cards 




Please point me to the law that makes this distinction.

#74
CmnDwnWrkn

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Sjrv wrote...

It's not a game of chance where you could win or lose money. You always get something. Hence it's not gambling. Period. Same applies to lotteries where you win random items, but not money - and where some sort of prize is guranteed. Not-gambling. It's that simple, really.

Why should I googlefind other people who just look for anything to make a fuss about?

Argument about CCG is perfectly valid, relate to that before calling me a troll, OP. I used the Kinder Surprise example only to make your point look even more ridiculous There is not much difference between digital "goods" or physically existing cards.


It's incredible how dense some of you are.  Let me see if I can make this clear: I DID NOT HAVE A POINT.  LOOK AT TITLE OF THREAD.  I AM ASKING A QUESTION.

dreamgazer wrote...

Are you arguing whether it's a gamble?
Because it is, absolutely, and it exhibits a gambler's mentality. But
you don't have to participate in order to enjoy the game. The entire
notion of gambling hinges on fronting money to build your net worth,
while the concept built around Magic cards and the weapon packs is built
around a game you can ultimately play on a day-to-day basis without
spending further tangible money. You might not progress, in a literal
form, but you can still enjoy the game by making the most of the asset
you've got.

Also, putting a quarter into a gumball machine and
waiting to see what flavor you get is also considered a gamble. Yet you
get to enjoy whatever gumball you get (in most cases). Tried and true
gambling hinges entirely on the monetary gain and loss, and that's where the legality issue comes in.


Thank you.  Getting respectful, thoughtful answers like these is becoming harder and harder.

Modifié par CmnDwnWrkn, 17 mai 2012 - 04:26 .


#75
CmnDwnWrkn

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staindgrey wrote...

CmnDwnWrkn wrote...

staindgrey wrote...

Then here's a better answer:

When
there is an alternative to get the same items free of charge, it kind
of null-and-voids the problem with charging. Paying for a pack that you
could just earn for free with a little effort is the consumer's own
choice, and they fully know before purchasing it that it is an entirely
random selection. The game makes no attempt to shy away from that.

Saying this isn't legal is a really, really big stretch.


Show me where I said "this isn't legal".


CmnDwnWrkn wrote...

I'm just wondering how EA can get away with this crap. Last time I checked, online gambling was illegal (at least in the U.S.).


[smilie]../../../images/forum/emoticons/cool.png[/smilie]


Show me where I said "this isn't legal".