Virtual currencies are ‘fictions’, Take-Two argues in microtransaction theft lawsuit

videogameschronicle.com:

Lawyers representing Take-Two have called virtual currencies “fictions created by game publishers”, in response to a class-action suit concerned with the company’s handling of microtransactions.

The suit accuses the NBA 2K, PGA Tour 2K, and WWE 2K publisher of stealing from players because it doesn’t allow them to transfer virtual currencies from past series entries to new ones when they’re released, Game File reports.

It calls Take-Two’s approach “unfair, illegal and greedy”, as virtual currency purchased with real money is lost when the game’s servers are switched off, which plaintiffs argue is relatively quickly following the release of new series entries.

“By removing Plaintiff and the Class members’ VC, Defendants took and stole their personal property, or fraudulently appropriated property that had been entrusted to Defendant,” according to the suit, which was filed in federal court last November.

“VC is not plaintiff’s property,” Take-Two’s lawyers responded last week in a request to dismiss the case that was spotted by Game File.

“Instead, in-game VC are fictions created by game publishers, subject to the publishers’ terms of service and user agreements.”

According to Take-Two’s end-user license agreement, which players must agree to before using its software, virtual currency (VC) and virtual goods (VG) are strictly non-transferable.

“All purchases of VC and VG are final and under no circumstances will such purchases be refundable, transferable, or exchangeable,” it reads.

“Except as prohibited by applicable law, Licensor has the absolute right to manage, regulate, control, modify, suspend, and/or eliminate such VC and/or VG as it sees fit in its sole discretion, and Licensor shall have no liability to you or anyone else for the exercise of such rights.”