EA Wins Austrian Loot Box Court Case over FIFA Ultimate Team
Electronic Arts (EA) has won a major court case in Austria regarding the classification of loot boxes as gambling.
FIFA 23 gameplay. Austrian court rules that FIFA Ultimate Team loot boxes are not gambling.
LISTEN TO THIS ARTICLE:The Higher Regional Court of Vienna ruled that the loot boxes in FIFA 23 do not qualify as gambling, stating that the player purchased FIFA Ultimate Team packs not with the intent to make a profit but solely for in-game use.
No Economic Risk Associated with Loot Boxes
After reviewing the Austrian Gaming Act, the court determined that there was no economic risk associated with the purchase, meaning it did not meet the criteria for a game of chance. Additionally, the court said that FIFA Ultimate Team packs cannot be considered separately from the overall game of FIFA, which is defined as a game of skill rather than chance.
This ruling follows a series of mixed decisions from lower courts in Austria on the matter. As the most authoritative court to address the issue so far, EA believes this verdict is "direction-setting". Despite the favorable outcome, the Higher Regional Court has left room for further appeal to the Supreme Court.
Related: EA Faces Hypocrisy Claims after Dropping Toney from FIFA 23
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In-Game Purchases Enhance Player Enjoyment
Following the ruling, EA released a statement welcoming the decision and stressing that its games are designed to be fun, fair, and offer good value.
This is a direction-setting decision from the Higher Regional Court of Vienna and follows similar first-instance decisions from other Austrian courts in recent months. We design our games to bring choice, fairness, value, and fun, and we are pleased with the court’s findings that FUT packs are not gambling and that players generally do not acquire them to make a profit but simply as part of the game.
EA went on to say that when handled correctly, in-game purchases enhance player choice and engagement and noted that the ruling recognizes that “spending is always optional” and that most players do not make any in-game purchases.
The verdict is similar to a recent decision from the Highest Administrative Court in the Netherlands, which ruled that FIFA Ultimate Team does not constitute gambling under Dutch law.
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