Compliance Updates
Battle Passes vs Loot Boxes: Which is legally more acceptable?
Two attorneys, Greg Boyd and Sean Kane, has launched a new book that offers insights into video game law, titled Video Game Law – Everything You Need to Know about Legal and Business Issues in the Game Industry.
The duo is talking in this article about the legal angles surrounding Loot Boxes and Battle Passes.
“The book has 12 chapters and it’s really aimed at the general video game audience,” says Greg Boyd who co-chairs the interactive entertainment group at Frankfurt Kurnit alongside Sean Kane. “We deliberately didn’t write a textbook in the hardcore sense of a textbook used in a law class.” Instead, each chapter of the book covers a legal topic in the video game world whether it’s game ratings, gambling, or licensing, something Kane specialises in.
Considering that an entire chapter is dedicated to gambling and video games, I asked whether we could see a similar situation play out with Battle Passes, a recent trend in video games that offer in-game rewards for completing specific milestones or in-game challenges. The way Battle Passes are designed seem to be specifically counter to loot boxes where players might not even know what kind of prizes they will win.
“People think of loot boxes as rolling a die, but the fact is that the die can be different for different players is pretty revelatory for some folks…and at a certain level maybe that feels a smidge unfair if it’s not disclosed,” says Boyd about loot boxes. “Battle Passes strike me as a substantial improvement.”
“I generally agree with Greg,” says Kane. “A lot of states allow you to win an item – pay to win an item. So, it’s based on your skill, your knowledge, your abilities. So, under that law, Battle Pass I think are much, much better…The way that most battle passes are set up I think are kind of state-of-the-art in the industry. And they shouldn’t have a reason to have regulators questioning them.”
“It’s much better than a black box mechanism where you don’t know what you’re going to get if anything,” adds Boyd. “And not to say that those are impermissible, but the battle pass systems are an improvement certainly in disclosure and are likely to hold up better under scrutiny.”
While this is an informal conversation on the topic, it’s interesting to get an opinion on Battle Passes as more and more games adopt them. Games like Rocket League and PlayerUnknown’s Battlegrounds have announced battle pass systems following the success of the programme in Fortnite Battle Royale. It is probably not a coincidence that both PUBG and Rocket League were flagged by the Dutch Gaming Commission for their loot boxes.
So are battle passes the future of the video game industry? Fortnite certainly has found success with the system and as Boyd and Kane say in our conversation, Battle Passes are in a stronger position against regulations.
Source: usgamer.net
Australia
Crown Reinstated at Sydney Casino
The NSW Independent Casino Commission has found Crown Sydney suitable to retain its casino licence after nearly three years of intensive remediation.
Chief Commissioner, Philip Crawford, said Crown has come a long way and must now demonstrate its long-term commitment to maintaining suitability.
“The NICC is confident the Crown we deemed suitable today has a strong model to keep operating into the future,” Mr Crawford said.
The NICC’s suitability assessment established that Crown Sydney has fundamentally reformed its business and is operating the casino within the objects of the Act, the requirements of the suitability deed, and in compliance with its regulatory obligations.
In addition to proving it can run the casino lawfully, Crown has remediated its business in other meaningful ways such as building a culture of transparency and accountability across its integrated resort.
“Hard work and transformation aside, the NICC has not forgotten the level of misconduct exposed in 2021 when Crown was found unsuitable,” said Mr Crawford.
“Crown Sydney has ongoing work to reach steady state and it must continue to lift standards and maintain its cultural transformation.
“There is and will always be room for improvement, but Crown is a changed business that is looking toward the future.
“Likewise, the NICC is a changed regulator with enhanced powers, a singular focus on casinos, and a mandate to address the risks of harm.
“This decision is a positive outcome for Crown Sydney, its staff, and the community – who can be sure the NICC will use all of its powers to keep the casino in check.”
In addition to the implementation of hundreds of new internal controls, the Bergin-based reforms have been reflected in a new licence and new regulatory agreement between Crown Sydney, the NSW Government and the NICC.
These agreements include updated settings, such as the removal of fetters to the NICC’s powers, as well as previous compensation trigger clauses that are no longer part of the casino legislation.
Mr Crawford said: “Crown cannot disregard the responsibility and privilege that comes with holding a casino licence. Crown Sydney’s ability to provide a destination hospitality and entertainment venue underpinned by the restricted gaming facility is contingent on its steadfast commitment to continuing suitability, accountability and compliance.”
Australia
Venues Warned to Play by the Rules on ANZAC Day
Liquor & Gaming NSW is urging licensed venues across the state to plan ahead and have proper measures in place to ensure safe and responsible ANZAC Day commemorations.
Pubs and clubs can face additional challenges on April 25 that come with managing larger than normal crowds and the playing of two-up.
Two-up was a popular game among World War I veterans and, while illegal as an unregulated form of gambling most of the year, is legally played every ANZAC Day, Remembrance Day and Victory in the Pacific Day in their memory.
Liquor & Gaming NSW Executive Director Regulatory Operations, Jane Lin, said inspectors would carry out checks of licensed premises in Sydney and regional areas on ANZAC Day to ensure compliance with the state’s liquor and gaming laws.
“Two-up is a great Australian tradition and a way for people to come together at pubs and clubs to enjoy the ANZAC spirit,” Lin said. “While venues do not need a permit to host two-up, they are encouraged to fully understand and observe the traditional rules of the coin-tossing game.
“Licensed venues are reminded to properly manage potential risks linked to larger crowds, increased rates of intoxication, gambling disputes, extended high volume trading and special ANZAC Day liquor promotions.”
Venues’ advertising and promotions must align with liquor promotion guidelines.
More information about ANZAC Day in New South Wales is available at https:/ /www.NSM.gov. au/about-nsw/anzac-day-nsw. Two-up rules can be found at https:/ /www.LiquorAndGaming.nsw. gov. au/__data/assets/pdf_file/0007/858562/fs3098-two-up-factsheet. pdf.
Compliance Updates
Boldplay Awarded UKGC Licence
Boldplay, the renowned provider of premium casino games, has been awarded a remote operating licence from the UK Gambling Commission, to sit alongside their existing licenses in Gibraltar, Malta, Romania, Argentina, and Peru.
This latest development marks a significant step for the company and further solidifies Boldplay’s position as a trusted provider within the iGaming industry. The UKGC licence will allow the company to further expand in regulated territories, a key element of their growth plan, and establish new partnerships within the vibrant UK market.
Having fulfilled the criteria to provide services to UK players Boldplay is well-positioned for success. With a diverse catalogue of over 100 titles, ranging from slots and table games to bingo, keno, and virtual scratch cards, the company is well-known for its innovative features, including their trademark Boldplay Spins.
Speaking of the UK Gambling Commission’s decision to grant the operating licence, Boldplay CEO, Valli Fragoso, said: “We are proud to receive our remote software supplier licence from the UK Gambling Commission. This milestone reflects our commitment to providing high-quality, engaging casino games to licensed operators while upholding responsible gaming standards. We can’t wait for UK players to try our games.”
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