ESRB Says Buying ‘Loot Boxes’ Is Not Gambling Despite Huge Similarities

In the wake of so many gamers raging against the rise of microtransactions and loot boxes, it was only a matter of time before an official body with authority got involved. As it turns out, the Entertainment Software Rating Board (ESRB) thinks that buying loot boxes is not gambling. It’s just sort of like gambling because customers always get something for their money, no matter how terrible or worthless.

In a statement to Kotaku, a spokesperson for the body that decides what kind of rating entertainment properties like TV shows, movies, and video games writes that the act of buying or selling loot boxes is not officially considered gambling. This is because, in gambling, participants run the risk of walking away with nothing. In contrast, loot boxes always give something to customers despite their random nature.

“ESRB does not consider loot boxes to be gambling,” the statement reads. “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.”

This statement relies on semantics more than anything else, but it’s how laws and rules are made, so it’s safe to say that the ESRB’s hands are tied. There’s also the argument that if they did rule loot boxes to be gambling, any game with this kind of economy would be labeled “Adults Only” AO.

As PC Gamer points out, that kind of rating would make the games less accessible to younger players, who are a huge part of publishers’ bottom lines. Since the ESRB is funded by the industry, this would affect its own financial standing.