In response to a recent lawsuit filed against Valve by New York’s attorney general (NYAG) alleging that the company has been breaking gambling laws in the state thanks to the presence of loot boxes in its games, the Half-Life maker has published its own statement on the matter, where it compared the loot boxes from Counter-Strike 2, Dota 2 and Team Fortress 2 with real-world products like packs of Magic the Gathering or Pokemon cards.
Valve noted that the attorney general had first reached out to the company in early 2023 where it had made similar comparisons. The studio also said that its players “don’t have to open mystery boxes” in order to play its games. “In fact, most of you don’t open any boxes at all and just play the games—because the items in the boxes are purely cosmetic, there is no disadvantage to a player not spending money.”
As for the lawsuit itself, Valve has said that it has “serious concerns” about the changes the New York attorney general wants the company to make to its games. Among these changes is making loot boxes and their contents non-transferrable.
“We think the transferability of a digital game item is good for consumers—it gives a user the ability to sell or trade an old or unwanted item for something else, in the same way an owner can sell or trade a tangible item like a Pokemon or baseball card. NYAG proposes to take away users’ ability to transfer their digital items from Valve games. Transferability is a right we believe should not be taken away, and we refuse to do that.”
The company has also called out the attorney general’s proposal to gather “additional information” on each one of the players “on the off-chance someone in New York was anonymizing their location to appear outside of New York, such as by using a VPN.” This could lead Valve to implement invasive technologies for the purposes of this data collection, which would include age verification, despite payment processors already having age verification built into their systems.
“We respect New York’s right to determine the laws governing behavior in the state. We will of course comply if the New York legislature passes laws governing mystery boxes—something it has not done despite considering the issue a few times,” wrote the company. “Such laws would be the result of a public process, presumably with input from the industry and New York gamers. The type of commitments the NYAG demanded from Valve went far beyond what existing New York law requires and even beyond New York itself. It may have been easier and cheaper for Valve to make a deal with the NYAG, but we believed the type of deal that would satisfy the NYAG would have been bad for users and other game developers, and impacted our ability to innovate in game design.”
As for the attorney general’s comments attempting to draw correlations between video games, violence in the real world, and the effect this might have on children, Valve has said that they serve as “a distraction and a mischaracterization we’ve all heard before.” Closing things out, the company makes a note of “many studies” highlighting the “beneficial impact” that games have on their players, and that it will ultimately wait for a court’s decision on the matter rather than trying to settle with the state of New York.
