Petition · Entertainment Software Rating Board (ESRB): Make ESRB declare lootboxes as gambling · Change.org

Authored by change.org and submitted by grantschoenberg

OVERWATCH LOOT BOX PICTURE IS SYMBOLIC. THIS PETITION TALKS ABOUT VIDEO GAME INDUSTRY AS A WHOLE!

As per Google's definition of a gamble: take risky action in the hope of a desired result.

And Dictionary.com's: to stake or risk money, or anything of value, on the outcome of something involving chance.

Lootboxes and crates in video games fit the description entirely, as everytime you open them, you gamble and take chances to win rare in-game content.

ESRB's official statement on why they don't consider loot boxes to be gambling: “While there’s an element of chance in these mechanics, the player is always guaranteed to receive in-game content (even if the player unfortunately receives something they don’t want)."

By their definition, it means, that if you gamble and you lose the bet and then get compensated by credit, candy bar or anything else, it is not considered "real gambling", even though, that you usually need to buy premium in-game currency with real money to purchase loot boxes/creates. That means if you use a slot machine and you lose the bet and then get compensated by credit or a dollar it is not considered "Real gambling".

I don't think that this is correct as video games employ all real-world tactics that are used to make people gamble without mentioning exploitation of addictive behaviour and adverse effects it can have on people, especially on minors who are not familiar with those methods. Just because you get a small compensation, in the end, it doesn't mean that this is not real gambling.

The solution to this problem would be, that ESRB declares their respective "Adulty only" rating for video games in which you can gamble(even ones which compensate you with digital items or credits).

TomClancy5871 on November 16th, 2017 at 07:14 UTC »

They should do what China did for Overwatch in which they added percentages for which things you are more likely to get in the loot box

LtFluffybear on November 16th, 2017 at 04:55 UTC »

I'll save you some time.

"ESRB does not consider loot boxes to be gambling. While there’s an element of chance in these mechanics, the player is always guaranteed to receive in-game content (even if the player unfortunately receives something they don’t want). We think of it as a similar principle to collectible card games: Sometimes you’ll open a pack and get a brand new holographic card you’ve had your eye on for a while. But other times you’ll end up with a pack of cards you already have."

tl;dr they already said their piece.

xaliber_skyrim on November 16th, 2017 at 04:30 UTC »

According to PEGI (Pan European Game Information), they or ESRB is not the authority to define whether loot boxes constitute gambling or not. It's up to the gambling commission. Here's the quotation:

The main reason for this is that we cannot define what constitutes gambling. That is the responsibility of a national gambling commission. Our gambling content descriptor is given to games that simulate or teach gambling as it’s done in real life in casinos, racetracks, etc. If a gambling commission would state that loot boxes are a form of gambling, then we would have to adjust our criteria to that.

So I think we could also push national gambling commissions to investigate the matter, just like what Belgium did.

Which I think can be done by informing others about Belgium investigation - it shows that the government is concerned and can take action. If enough attention is given to Belgium case, mainstream media could pick it up and this could be a push for Disney too.

As for the petition, I think it could use better definition of gambling (other than Google). If you happen to be the petition creator, here's an useful definition from Blackjack and the Law: "uncertain outcome with the primary intent of winning money or material goods" that requires three elements, "consideration, chance and prize".