“It’s fiction” – Take-Two wants to avoid lawsuit over microtransactions

“It’s fiction” – Take-Two wants to avoid lawsuit over microtransactions

Por Víctor Rosas el 09 de February de 2024

For years, microtransactions in video games have been a controversial topic, but despite investigations and lawsuits, regulation has not been achieved. There are adjustments regarding the information provided, and at least popular games are not pay-to-win. However, some continue to press the issue, and recently, Take-Two surprised with its response to a lawsuit.

Take-Two says virtual currencies are "fiction" and not owned by users



Representatives of Take-Two Interactive (via VGC) responded to a lawsuit filed in November 2023 by a father who argued that the company is responsible for theft since the virtual currency (acquired with real money) in games like NBA 2K, WWE 2K, and PGA Tour 2K disappeared once the servers of some of their releases were shut down.

NBA 2K has had casino games, an irony by Take-Two and 2K


In response, the company, owner of the 2K label responsible for these sports video games, stated that virtual currencies are fiction created by publishers. Therefore, they cannot be accused of theft in this situation: "virtual currencies are not owned by the plaintiff, they are fictions created by game publishers, subject to the terms of service and user agreements."

In that regard, Take-Twos lawyers insist that the user is made aware and accepts these conditions when the license agreement is presented the first time a video game is installed and on subsequent occasions when there are changes to it. Therefore, the user agrees that virtual currencies are non-transferable and cannot be inherited in subsequent releases. Ultimately, they depend on the validity of the online environment of the specific title.

With this response, Take-Two seeks to have a federal district court in North Carolina dismiss the lawsuit and set a favorable precedent for the company.

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