Kilpatrick Townsend

Insights: Publications

Press "X" to Open: Pandora's Loot Box

The Routledge Companion to Copyright and Creativity in the 21st Century

November 26, 2020

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Loot boxes have become a powerful financial force in the video game industry, generating more $230 billion in revenue. Gamers will spend more than $30 billion on loot boxes. Loot boxes are not only becoming part of standard game play, but they are also becoming part of the lives of millions of children and adults alike who partake in video games every day from what appears to be the safety of their own homes. This essay investigates the impact of loot boxes on children and adults while tackling a serious outstanding question: whether loot boxes are gambling and, if so, whether they should be regulated as such. While there is not yet certainty as to how and whether loot boxes can be regulated in the US, there is certainty as to the dangers of gambling activities and the vulnerability of the target audience. It is evident that loot boxes fall under the purview of gambling activities that deserve to be regulated by the applicable law. Every year that goes by without information, action, and guidance on behalf of our country's legislators and lobbyists increases the risk that we will be unable to handle the next generation's impending gambling addiction.