Diablo Immortal has been under heavy criticism from Pay2Win since its release. Important items are easy to buy and those who pay often win more often in PvP. Many fans are therefore asking themselves: Why isn’t something like this banned? MeinMMO asked a lawyer.
Here’s what’s going on in Diablo Immortal:
Diablo Immortal didn’t even come out because of monetization in Belgium and the Netherlands, like Lost Ark before it. At the time, we asked the lawyer Christian Solmecke whether Lost Ark could also be banned in Germany and now we checked again for Diablo Immortal.
Who is Christian Solmecke? Solmecke is a specialist in Internet and media law and works as a lawyer and partner at the Cologne law firm Wilde Beuger Solmecke, WBS for short. Before that, he worked as a journalist for Westdeutscher Rundfunk, among others. His portfolio also includes:
Solmecke became known as an “internet lawyer” with his YouTube channel. He often picks up current topics in the field of internet and gaming and answers questions in his videos. We were also able to ask him a few questions on the subject.
The biggest Pay2Win criticism are the legendary gems in Diablo Immortal. In the video we tell you exactly how they work:
Diablo Immortal: What are Legendary Gems? Facts and locations in 3 minutes
“The players would have no monetary value in the real world”
MeinMMO: According to some players, Diablo Immortal is “predatory” in terms of microtransactions and “Pay2Win”. Why is something like this allowed in Germany?
Solmecke: There was a year-long discussion about so-called “loot boxes”. Ultimately, it’s the same problem with Diablo Immortal – you’re paying real money for a random chance to get virtual in-game benefits. Here it is discussed whether something like this should be banned as a game of chance or not. Anyone who organizes or participates in gambling without state approval is liable to prosecution.
Gambling means acquiring a chance of winning by betting money and the winning depends entirely or mostly on chance and not on the skill of the player. Some lawyers see this here, but the majority of lawyers argue against it with the following argument in particular: The players have no monetary value in the real world, which is why gambling is out of the question. So far there have been no known judgments against game manufacturers in Germany, and the German authorities and legislators have also held back and have concentrated more on protecting young people from being influenced too strongly.
This is different in other countries where at least loot boxes have been banned as illegal gambling for some time – e.g. the Netherlands and Belgium. In addition, currently (June 2022) 20 European consumer protection organizations, including the Federation of Consumer Organizations (vzbv), have called for the regulation of loot boxes – for example through more transparency of the algorithms and better protection of minors.
Why is MontanaBlack really no longer showing gambling on Twitch? We asked a lawyer
MeinMMO: After delving deeper into the game, a number of players reversed their transactions via Google, for example. Is something like this always possible?
Solmecke: Google Play’s refund policy allows some in-app purchases to be reversed within 48 hours, sometimes longer.
It is unclear whether this always works, because Google writes here in a non-transparent manner: “Depending on the details of the purchase, you may be able to receive a refund” and then gives instructions for a “request” for a refund.
In the MeinMMO podcast we talk about crime in online gaming:
MeinMMO: How far can a game or a company go before a product is banned in Germany because of monetization?
Solmecke: So far there have been no bans in Germany. Most likely, the protection of minors can still be problematic here. The aim of the relevant provisions of the Youth Media Protection State Treaty is to prevent unsuitable or impairing or even dangerous offers from affecting minors.
As a rule, however, “descriptors” are sufficient here, i.e. references to such elements. It is only in exceptional cases that the USK only releases such games from the age of 12, 16 or even 18. The assessment depends on the individual case.
MeinMMO: Have there already been cases in which companies in Germany or the EU had to pay fines for exploiting customers?
Solmecke: No, I am not aware of that. Due to the high gambling factor, however, Belgium and Holland have banned the release of Diablo Immortal, citing their loot box laws.
MeinMMO: Thanks for the answers!
Despite the debate surrounding Pay2Win and whether Diablo Immortal should be banned, Blizzard’s new MMO is hugely successful. After some delay, it has now also appeared in China and can boast strong numbers:
Diablo Immortal is doing great despite heavy criticism – launch in China causes the number of players to explode