Anti-Looting Bill Has Big Implications for Developers and Publishers



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Earlier this month, US Senator Josh Hawley announced his intention to introduce a bill banning the sale of "pay-to-win" coin vaults and other monetization mechanisms in the United States. He has now drafted a bill explaining that goal.

As reported by Polygon, the proposed bill (which can be viewed online here) would be used to "regulate some pay-to-win microtransactions and the sale of pop-up boxes in interactive digital entertainment products."

The document explains exactly what this would mean for developers and game publishers. For starters, it defines a "pay-to-win" transaction as an add-in that "facilitates the progression of a user through otherwise available content in the game without the purchase," or a transaction "that Helps a user accomplish a feat in a timely manner. " game that can otherwise be accomplished without. "

Booty boxes, on the other hand, are defined as add-ons that "unlock a feature of the product or increase or enhance the entertainment value of a product randomly or partially randomly". These definitions refer to content such as downloadable content, paid cosmetics and other one-off purchases of this type would be excluded from the new regulations.

The bill would specifically prohibit the sale of microtransactions and loot boxes in "minor games", which it defines as "an interactive digital entertainment product aimed at a target audience under the age of 18".

It would also be illegal for publishers and game distributors to publish titles for minors that include microtransactions or pay-for-profit boxes, or add them to an existing title.

The legislation would also prohibit the publication or distribution of games containing microtransactions or payout boxes, where there is a "constructive knowledge" that users are under 18 years of age.

This forces publishers and distributors to ensure that their games – even those aimed at people over 18 – do not fall into the hands of minors, raising questions about the inclusion of booty boxes and microtransactions in titles like Call of Duty and Grand Theft Auto, who tend to end up in the hands of minors.

"It is true that a large part of the players are adults, even games with a base mainly of adult players – including games intended primarily for adults – tend to attract children enormously", Hawley wrote in a FAQ posted on his website.

"It is the responsibility of developers to deter children from consuming gambling-related products and compulsive shopping behaviors, as in other industries that restrict access to certain types of entertainment products and entertainment at home. adult consumers. "

From a legal point of view, the "constructive knowledge" clause would likely assist regulators in prosecuting companies considered to be in violation of the proposed bill, as explained by Angela Campbell. , a law professor in Georgetown, Polygon.

"Constructive knowledge requires the operator to make reasonable inferences and, at least in some cases, that he investigates," Campbell said.

"For example, the operator of a social media service that indicates in its terms of service that this service is for people over the age of 13. Yet anyone who uses this service can see that many young people children use it to post videos of themselves., would have a constructive knowledge that the kids were on service. It would probably also have real knowledge, but actual knowledge is harder to prove. "

To learn more about the proposed bill, check it out for yourself on Scribd. It is also interesting to read the Hawley FAQ because it contains more details, definitions and warnings.

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