Restitution of money spent on loot boxes in video games?

Abstract

A loot box is a virtual item in a video game that contains a randomised selection of other virtual items which can be used in the game once the loot box is unlocked. As loot boxes have become widespread in modern video games, concerns are growing about their predatory nature and their similarities with gambling, especially since loot boxes are often purchased by minors.In this paper, we analyse whether private law offers a framework for protecting video game players, by allowing them to claim restitution of the money that they have spent on loot boxes. Such restitution is conceivable when the purchase of a loot box is an invalid contract. In this paper, we focus on two grounds of invalidity: incapacity (since loot boxes are often purchased by minors) and illegality (since, at least in some jurisdictions, loot boxes violate the national gambling regulations and may infringe public order).