In a legal battle that raises questions about the ownership of virtual assets in gaming, Take-Two Interactive and 2K Games have staunchly defended the status of in-game currencies as “fictions created by game publishers.” This assertion comes amidst a lawsuit accusing the companies of effectively confiscating players' money when they shut down game servers,as reported on by Eurogamer.
Originally filed by a minor and his mother in November, the lawsuit targets Take-Two Interactive for alleged civil theft and unfair business practices, particularly concerning the closure of servers for various popular titles like NBA 2K, WWE 2K, and PGA Tour 2K. Players contend that theylose access to any remaining in-game funds they’ve purchased when these servers are taken offline.
A recent statement from a Take-Two lawyer emphasized the company’s stance, affirming that virtual currency (VC) is not considered the property of players. Instead, it is described as a construct of the game publishers, subject to the terms outlined in the End User License Agreements (EULAs).
The EULAs, often overlooked by players, reportedly grant users only a “limited right and license” to virtual currency, with Take-Two retaining the authority to “suspend” or “eliminate” these funds as it deems necessary. This legal position forms the backbone of Take-Two’s request to dismiss the case, highlighting clauses in the EULAs that players agree to upon accessing the games.
The plaintiffs, however, argue that retaining virtual currency after server shutdowns constitutes unfair and unlawful conduct, branding it as “greedy.” Their demand for refunds on unspent funds in the event of server closures is a central point of contention.
Updates Should Come this Coming March
The fate of the lawsuit hangs in the balance as a court prepares to make a decision in March on whether to proceed with the case or grant Take-Two’s motion to dismiss.
In a separate development, 2K Games made headlines earlier this week by removing wrestler Brock Lesnar from the cover of WWE 2K24 Special Edition. This decision follows allegations involving Lesnar and former WWE boss Vince McMahon, further adding to the controversies surrounding the gaming industry.
As legal battles over virtual assets continue to unfold, the outcome of this case could set significant precedents for the gaming community and the broader digital economy.
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