Gambling

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The use of creative business models and strategies involving contests, sweepstakes and gambling-like activities in social games and other online media has increased dramatically. These “gamblification” strategies aim for a balance between capitalizing on users’ excitement and passion for the mechanics inherent in gambling while not crossing the line into illegal activity. In some cases, the use of virtual currencies and goods causes greater confusion and misconceptions regarding legality.
Continue Reading Gamblification: An Overview of Legal Issues with Gambling

Another lawsuit alleging illegal gambling in a social game has been dismissed.  Over the last year, social gaming mobile applications have come under attack from the Plaintiffs’ bar as gambling in disguise.  Plaintiffs’ attorneys theorize that in-app micro-transactions where consumers pay cash for virtual items (i.e., gold coins or gems) designed to speed up or otherwise enhance gameplay are, in effect, wagers insofar as other in-game materials can subsequently be “won” with those items.  None of the plaintiffs have prevailed in these recent cases.
Continue Reading The Game Goes On: Sheppard Mullin Obtains Dismissal With Prejudice of Class Action Alleging Social Gaming Micro-transactions Constitute Illegal Gambling

A Maryland Court recently dismissed a case in which Plaintiff alleged that a virtual currency casino within a social game constituted illegal gambling, despite the existence of a secondary market for the player accounts. For purposes of assessing whether the game was skill or chance-based game, the Court found that the social game, as a whole, was a game of skill, and refused to adopt the Plaintiff’s approach of considering the “casino” itself a chance-based game. This ruling is significant for social game companies that use virtual currency to engage in gamblification (i.e., the use of gambling mechanics for non-gambling purposes).
Continue Reading Court Rules Virtual Currency Casino Not Illegal Gambling Despite Secondary Market