CHAPMAN LAW REVIEW Citation: Carl C. Jones, The Fox in the Henhouse: The Failure of the Video Game Industry’s Self-Regulation with Regard to Loot Boxes, 24 CHAP. L. REV. 245 (2020). --For copyright information, please contact
[email protected]. CHAPMAN UNIVERSITY | FOWLER SCHOOL OF LAW | ONE UNIVERSITY DRIVE | ORANGE, CALIFORNIA 92866 WWW.CHAPMANLAWREVIEW.COM Do Not Delete 5/17/2021 8:44 AM The Fox in the Henhouse: The Failure of the Video Game Industry’s Self-Regulation with Regard to Loot Boxes Carl C. Jones INTRODUCTION You are shopping for a loved one. Perhaps the holidays are approaching, or a birthday draws near, or perhaps you simply wish to show your affection by making a gift out of the blue. Your loved one enjoys video games, so you stop by your local big-box store and the clerk directs you to a glass-paneled shelf, stacked to the ceiling with games in bright neon boxes. You peruse the offerings and ask for the clerk to withdraw a few samples. You note their titles and prices and consider your loved one’s tastes. A clear favorite emerges. Almost as an afterthought, you check the game’s rating, noting the stark black-and-white box in the lower left-hand corner of the cover: “E10+.” An appended note makes the statement a little clearer: “Everyone 10+.” You’ve seen these eye-catching labels before; they’re on virtually every video game you can think of. Out of curiosity you flip the game over, consulting the more detailed rating guide on the back side of the box, in the lower right-hand corner.