FIFA 22: Landmark Dutch case rules on whether FUT is gambling
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EA Sports’ FIFA series has consistently had to battle with the potential of the game’s Ultimate Team packs being regulated by the government.
There have consistently been calls for the packs to be regulated, because players can buy them with real money, and they do not know which players will appear from the pack selected.
There has been a court case in the Netherlands, assessing whether or not FIFA’s packs constitute gambling.
Per GamesIndustry.biz, the Administrative Jurisdiction Division of the Dutch State Council made a ruling last month, confirming that FIFA’s packs do not qualify as a game of chance.
This is because the packs are an “inseparable part” of Ultimate Team. The court is highest administrative court in the country, so an appeal is not an option.
In the Netherlands, it is not legal to offer someone a game of chance on Dutch territory unless the company offering the game has a permit from the Dutch Gambling Authority.
Per the report, a game of chance is considered such if the following two criteria can be met: A participant should have an opportunity to win prizes and the winner of the game is determined by chance.
As a result, a game cannot be considered chance if the participant can influence the outcome of the game by their own actions.
In terms of the FIFA ruling, the decision takes up nine pages. The judge began with the consideration of whether the loot boxes – packs, in this case – can be considered a standalone game. If it is considered that the loot boxes are a standalone game, they can then be assessed as a potential game of chance.
In terms of Ultimate Team, the judge has ruled that it is a game of skill, although a mixed one, because the games played within the mode are won by the best player.
The judge also rules that the packs are considered part of this mode, rather than a standalone game, because the packs are acquired and opened within Ultimate Team.
The fact that they can be bought with real money makes no difference.
Perhaps surprisingly, 92% of FIFA packs are said to be obtained within the game – either by virtual coins, as rewards, or as part of squad building challenges – and 8% are purchased.
As a result, FIFA packs are integral to Ultimate Team and Ultimate Team is considered a game of skill. Subsequently, the Dutch State Council has ruled that the Dutch gambling legislation doesn’t apply to these specific loot boxes.
However, the Dutch ruling also makes it clear that the ruling could be different in a specific case where it can be proven that loot boxes are opened on a mass scale for the sole reason of trading their contents, rather than to find players to go into your team.
