In a major legal victory for EA, the Higher Regional Court of Vienna ruled that FIFA Ultimate Team (FUT) packs don’t qualify as gambling under Austrian law. This comes after a lot of debate over whether loot boxes are more like casino games similar to the ones on Spin City casino than regular in-game features. But the court concluded that, since players mainly get these packs to enjoy within the game and not to make money, they don’t fit Austria’s gambling definition.
Why FIFA Ultimate Team Packs Aren’t Considered Gambling
The Austrian Gaming Act defines gambling as having a certain economic risk, meaning there’s a chance of financial loss or profit. But according to the court, FUT packs don’t really fall into this category because players buy them for the game itself, not to cash in. Simply put, the court said FUT packs are just a part of FIFA 23, which is classified as a game of skill, not luck.
This ruling stands out because there have been mixed opinions on loot boxes in Austria, with some lower courts initially viewing them as a form of gambling. Now that one of the highest courts in the country has taken a stance, it might pave the way for similar decisions if other cases go to trial.
EA’s Response: “It’s About Player Choice”
EA welcomed the court’s decision and released a statement on the matter. “This is a direction-setting decision from the Higher Regional Court of Vienna,” EA said, adding, “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 also emphasized that spending on FUT packs is optional, with most players choosing not to buy them. “This ruling rightly recognizes that spending is always optional, and most players choose not to spend at all,” EA stated. They believe that, when done right, in-game purchases like FUT packs give players more control over their experience.
What This Means for the Gaming Community
This ruling is a relief for EA and could influence other court cases on loot boxes in Europe. It sends a clear message that, at least in Austria, in-game purchases like FUT packs don’t fall under gambling. However, loot boxes and in-game purchases remain hot topics in the gaming world, with plenty of players feeling they’re a bit too close to gambling mechanics. For now, though, EA’s win here shows that courts might lean toward viewing these purchases as part of the gaming experience.
For players and game developers, this case adds another layer to the ongoing debate over loot boxes. While the verdict gives some clarity, it’s clear that conversations around game monetization and player spending will continue to evolve, possibly leading to new standards in how these mechanics are handled.