Rockstar and 2K owner Take-Two has called virtual currency “fictions” as part of its bid to get a lawsuit dismissed.
The class action lawsuit filed on behalf of a Californian minor and his mother claims Take-Two is guilty of stealing from NBA 2K players who buy virtual currency and then lose access to it when servers are switched off. The lawsuit calls for refunds on unspent funds if servers are closed.
Game File reported a lawyer representing Take-Two has denied the claims and requested the case be dismissed. “VC [virtual currency] is not plaintiff’s property,” the lawyer stated. “Instead, in-game VC are fictions created by game publishers, subject to the publishers’ terms of service and user agreements.”
Most video games that feature in-game transactions use virtual currency, which is bought in bundles with real-world money. In the case of NBA 2K, it’s VC. For EA’s FC 24, it’s FC Points. For Fortnite, it’s V-Bucks.
Take-Two points to its End User License Agreement [EULA], which states the company may “eliminate” virtual currency as and when it wishes. In short: you do not own your virtual currency, even when you buy it with real money.
The issue of digital rights is one of the hottest topics within entertainment, and in particular in video games where downloads have become the predominant portion of game sales for many companies. Last year’s huge Xbox leak revealed Microsoft’s alleged plan to launch a digital-only mid-generation console refresh of the Xbox Series X and S. In October, a Ubisoft executive admitted physical sales will get even lower.
As for the NBA lawsuit, the court will decide whether to continue with the case in March.
Wesley is the UK News Editor for IGN. Find him on Twitter at @wyp100. You can reach Wesley at wesley_yinpoole@ign.com or confidentially at wyp100@proton.me.
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