Loot Boxes are products designed to offer a payment, either in real money or through game credits, of a "surprise", that is, the chance for the user to purchase one or more assorted items in a box. Such items may be purely aesthetic or may contain game features such as unique characters, experience bonuses, etc.
The deputy points out that this market practice has generated deep discussions in several countries, such as Belgium and the Netherlands, and is not specifically disciplined in the Brazilian legal system. Even so, he believes that economic freedom and the free market in Brazil must be respected, and it is up to the state to act only to give due protection to consumers of goods and services within its territory.
Another argument presented by Freire is that “the commercialization of Loot Boxes is a consolidated business model, being responsible for the greater circulation of assets, generating income and development for companies that grow, keep the games running, develop new products and contribute to the generation of jobs and income in the countries in which they operate.” He also reinforces that whoever buys the Loot Box will, in the end, have some of the items contained therein, which may be the most valuable or not.
Given this, the deputy believes that game producers also have a duty to provide accurate information about this draw, for example, "to be clearly available the exact odds percentages of each item in the Loot Box." He stresses that this model is already adopted in China and meets the duty of state protection to the consumer, respect for economic freedom, the need for transparency and good faith between business and consumer.
Disincentive to “fines factory”
“Likewise, it is emphasized that it is far from being objective of the present proposition to create a new industry of fines and punishments to private enterprise. It is assumed that as soon as the stipulated rules come into force, companies will voluntarily adapt their products to users,” confirms the deputy.
But if there is still a breach of the rules, fines will be imposed and the amounts raised will be directed to the National Science and Technology Development Fund, which is responsible for funding actions such as school and university Olympics to reveal new scientific talent, invest in promising projects and sponsor events such as science fairs, electronic game championships, among others. In addition, if there are irregularities, the government already has mechanisms for denunciation in various state agencies, not implying an increase in expenditure to the State.
"Finally, it is understood that the period of one year for games to make available Loot Boxes appropriate to the rules listed here is very reasonable, not seeing any change that affects your business scenario," concludes Freire.
Source: GMB
