Valve attempt to get the New York lootbox lawsuit dismissed as "People enjoy surprises"

Valve are (obviously) trying to get the New York lootbox lawsuit dismissed, with some interesting arguments to defend lootboxes in games like Counter-Strike 2. The Steam platform owner already issued a rare public statement back in March, and now they've officially fired back.

As noted by Courthouse News Service, Valve's lawyers filed a 42-page memo to put forward their arguments in favour of keeping their game mechanics as they are since "People enjoy surprises". Comparing what they refer to as "mystery boxes" to the likes of a pack of baseball cards, Labubus, LEGO minifigure packs, Pokemon cards, Magic The Gathering cards, physical "blind boxes", comic book "grab bags" to cereal box prizes and more which all have a random element to them.

Some choice bits from the memo:

"Despite the overwhelming similarities between mystery boxes and familiar collectibles like baseball cards, New York now asserts that offering mystery boxes facilitates gambling. Unsurprisingly, that assertion finds no support in the statutory text, case law, or common sense. NYAG’s claims should be dismissed."

[…]

"NYAG also fails to plausibly allege that Valve knowingly violated the law (as the statute requires). Valve has openly offered mystery boxes—and paid New York state taxes on those purchases—for more than a decade without objection from NYAG or any other regulator. And no other state has ever criminalized mystery boxes. Valve had absolutely no reason to think its conduct was illegal."

[…]

"Allowing this case to continue would inject uncertainty into hundreds of daily commercial transactions. Can parents purchase packs of baseball cards for their children? Can families go to Chuck E. Cheese to play games of chance and exchange winning tickets for prizes? Can a child reach into a cereal box and grab a surprise toy? All these actions and more could lead to chargeable crimes under NYAG’s interpretation of gambling. This Court should not permit such a nonsensical outcome. It should dismiss this misguided lawsuit with prejudice"

[…]

"In fact, NYAG’s boundless interpretation would potentially impose criminal liability on influencers and content creators who post videos showing mystery-box openings—as well as designers, sellers, and distributors of baseball cards, Labubus, and scores of other products featuring protected expressive designs. After all, NYAG proposes no way to meaningfully distinguish between mystery boxes and those activities. That is exactly the kind of chilling effect that the Supreme Court has warned against."

There's a whole lot more of course, it's 42 pages with plenty of historical case comparisons to back up what they're saying against New York.

It will be interesting to see what happens here, but New York isn't the only problem that Valve currently face. There's one ongoing in Washington, and a big one in the UK too. In the US, the New York case being the most problematic since it was filed directly by the New York Attorney General and could (as Valve mention) have some pretty wide consequences elsewhere.