"The Austrian Supreme Court has ruled that loot boxes present within video games do not constitute gambling under their gambling laws. This comes after a player attempted to reclaim nearly €20,000 ($24,000) spent on in-game purchases in a football video game. The plaintiff spent money in the game on loot boxes between 2017 and 2021, with the purpose of acquiring digital players in order to enhance his virtual team in the game."
"During the case, the plaintiff stated that, due to him not having a necessary license, opening loot boxes should be deemed illegal gambling. "The player can, through their own skills - namely, their chosen tactics and strategy, as well as their dexterity in operating the controller - control the course of the game with a probability suitable for success, thus establishing a rational expectation of winning." Said the court upon their ruling, which player skill factor was the ultimate in the overall outcome of the game."
An Austrian Supreme Court decision found that loot boxes in video games do not meet the legal definition of gambling under section 1, paragraph 1 of the Gambling Act. A player who spent nearly €20,000 on loot boxes between 2017 and 2021 sought to reclaim the funds after buying digital players for a football video game. The court distinguished loot boxes from the broader game and emphasized that player skill, tactics, strategy, and controller dexterity can establish a rational expectation of winning. Concerns about loot boxes persist internationally, with studies linking heavy gaming to later gambling problems and some jurisdictions restricting purchases by minors.
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