______________________________________________________________________________ ______________________________________________________________________________ RIGGING THE GAME: THE LEGALITY OF RANDOM CHANCE PURCHASES (“LOOT BOXES”) UNDER CURRENT MASSACHUSETTS GAMBLING LAW Thomas Wood1 I. Introduction Microtransactions are generally defined as any additional payment made in a video game after the customer makes an original purchase.2 Over time, microtransactions have increased in prominence and are featured today in many free-to-play mobile games.3 However, some video game developers, to the outrage of consumers, have decided to include microtransactions in PC and console games, which already require an upfront $60 retail payment.4 Consumer advocacy groups have increasingly criticized Microtransactions as unfair to 1 J.D. Candidate, Suffolk University Law School, 2020; B.S. in Criminal Justice and minor in Political Science, University of Massachusetts Lowell, 2017. Thomas Wood can be reached at
[email protected]. 2 See Eddie Makuch, Microtransactions, Explained: Here's What You Need To Know, GAMESPOT (Nov. 20, 2018), archived at https://perma.cc/TUX6-D9WL (defining microtransactions as “anything you pay extra for in a video game outside of the initial purchase”); see also Microtransaction, URBAN DICTIONARY (Oct. 29, 2018), archived at https://perma.cc/XS7R-Z4TT (describing microtransactions sarcastically as a “method that game companies use to make the consumer’s wallets burn” and “the cancer of modern gaming”). 3 See Mike Williams, The Harsh History of Gaming Microtransactions: From Horse Armor to Loot Boxes, USGAMER (Oct. 11, 2017), archived at https://perma.cc/PEY6-SFL2 (outlining how the loot box model was originally created in Asia through MMOs and free-to-play games); see also Loot Boxes Games, GIANT BOMB (Nov.