"Gaming" the System : How Netherlands' Ruling on 'Psuedo-Gambling' Loot Boxes in Video Games Reinforces U.S. Laws

The loot box, a digital form of a purchasable, randomized reward akin to a trading card pack, has allowed a new stream of revenue that extends the life cycle of a video game and often becomes the primary source of revenue post-release. With the emergence of video games in popular culture, the use of loot boxes has become more pervasive and more deceptive. In 2022, the Dutch Administrative Jurisdiction Division reversed a 2020 judgment against Electronic Arts, ruling that loot boxes were considered gambling. This Comment will compare U.S. laws to the Dutch ruling and applicable Dutch laws. The author will contribute to the discussion of the state of loot boxes in the United States as it relates to gambling, as well as draw on the international view of loot boxes. The author suggests solutions for loot boxes, such as passing legislations, as well as regulations through the Entertainment Software Rating Board ("ESRB"), the self-governing regulatory board for the United States video game publishers, to require mandatory disclosure and labeling for video games containing loot boxes