Take Two denies NBA 2K microtransaction theft claim, says virtual currency is a “fiction”
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Take Two and publishing label 2K Games are hitting back at a lawsuit that argues they are stealing from NBA 2K players who buy virtual currency (VC) for those games and then lose it when 2K shuts off the games’ servers.
“VC is not plaintiff’s property,” the company’s lawyers said in a request to dismiss the case that was filed late last week and has not previously been reported.
“Instead, in-game VC are fictions created by game publishers, subject to the publishers’ terms of service and user agreements.”
NBA 2K players buy virtual currency with real money to in turn buy in-game cosmetics and other digital perks in the games.
Take Two and 2K were sued in federal court in California in November by a minor, J.A., who is represented by his mother. They’re not the first to sue over video game microtransactions, but such suits usually involve questions about whether in-game loot-boxes constitute gambling.
J.A.’s class action claim takes a different approach.