Representatives from EA and Epic Games spoke in front of a UK parliamentary panel Wednesday (transcript). They were there to defend the game industry against charges of addictive game mechanics and encouragement of gambling via loot boxes. But at least one of those representatives took issue with the basic premise that randomized item purchases should be labeled as “loot boxes” in the first place.
“That is what we look at as ‘surprise mechanics,'” EA Legal and Government Affairs VP Kerry Hopkins told the panel when asked about the ethics of loot boxes. “It is important to look at this. If you go to—I don't know what your version of Target is—a store that sells a lot of toys and you do a search for surprise toys, you will find that this is something people enjoy. They enjoy surprises. It is something that has been part of toys for years, whether it is Kinder eggs or Hatchimals or LOL Surprise!”
As implemented in a game like FIFA, Hopkins went on to argue that these surprise mechanics are “quite ethical and fun [and] enjoyable to people… We think it is like many other products that people enjoy in a very healthy way. They like the element of surprise.
“The packs—the surprise that we talked about a little before—are fun for people,” Hopkins said. “They enjoy it. They like earning the packs, opening the packs, and building and trading the teams.”
Hopkins cited decisions by UK and Australian gambling commissions that loot boxes do not constitute gambling, adding that contrary decisions by Belgium and the Netherlands are due in part to “different gambling laws” in those countries that criminalize loot boxes based on different standards.
What counts as "addictive"?
Aside from loot boxes, the hearing largely focused on whether games like Fortnite and FIFA were unhealthily addictive for at least a portion of the player base. Legislators suggested game makers might have a “duty of care” to prevent the most compulsive uses of their products, based on their reading of an Online Harms White Paper published by the UK government in April.
When legislators called attention to the World Health Organization’s recent listing of a “gaming disorder” diagnosis, though, industry representatives pushed back on implications of that decision.
“We don’t think our game is addictive,” Epic Games Director of Marketing Matthew Weissinger said. “I think the use of the term addiction unfortunately masks the passion that our players have and the joy they get from our game. Personally, I think it is a mischaracterization of a term like ‘addiction.'”
When lawmakers brought up anecdotal reports of players spending extreme amounts of time or money on games like Fortnite, Epic Games General Counsel Canon Pence allowed that “like most things in the world, there is a way to have an unhealthy level of engagement, like even exercise.” Hopkins added that “some people probably think I spend too much time reading books. I know that my partner spends too much time playing pool, but he spends that time playing pool because that is what he enjoys doing and he gets very good at it. It is really not something that we could look at and say, ‘Well this person played too many hours and therefore it is unhealthy.'”
“We work closely with our industry colleagues to provide tools and information,” Hopkins said. “We are not able to go out and diagnose individuals; we are not able to go into their home and tell them how to play.” When a lawmaker suggested that playing a game for ten hours straight “has to be unhealthy,” Hopkins answered back: “I mean this in a very respectful way, but why can I say that? How can I say that? Has a doctor said that playing for 10 hours straight is unhealthy?”
“Some players, such as FIFA and FIFA Ultimate Team players, are competitive and want to continue to improve,” Electronic Arts UK Country Manager Shaun Campbell added. “For players who want to go into a career in esports, that is what they do: they practice and love spending time playing the game. It is difficult to characterize what excessive is. Ultimately, it is what feels out of balance for the individual.”
While there wasn’t much agreement between the two sides of the hearing, and even less in the way of decisive action, there were some signs of compromise and conciliation. “I certainly acknowledge that there is more that the industry can do,” Pence said. “I acknowledge that we have room to grow. I would not presume to say that you would not be able to come up with more questions for us in future, but I hope to continue to make improvements.”
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